Big Rob wrote:
I don't know if this has been tested in court. They may well get away with it. Sure there are plenty of people who share stuff all over da webz.... However not many profit financially from it (and the Mail does profit from web advertisements).
I don't think they can get away with it. Your average blogger, Faceberk user and so forth will either give credit or not have any appreciable affect. The Daily Fail is an organisation that should have a legal responsibility to follow due process when obtaining images for its stories.
I've been on the other side of this. I once used an image on a website to promote a gig. It was in good faith that I thought it was a press shot because I'd been pointed in it's general direction by the guy who I was promoting.
Turns out I used the wrong one, and when I was told, changed it within half an hour.
The photographer still sent me a frankly ludicrously expensive invoice. I'd tried to sort it out informally by simply apologising and changin he image as well as giving him a link to his site etc by he was having none o it. Ended up telling him to fuck off to a solicitor if he was that keen, but no way I was paying the thick end of £200 for an hour rental of an image hat about four people would have seen.
He backed down eventually because he couldn't be arsed taking it to court.
I'd have paid him something if he'd been reasonable from the start, and not been a gouging dick about things.