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BBC coughs up over Flickr image copyright breach

IT Industry - Market

The letter from the BBC's David Larner continues: "As you may know, studio images like this are achieved by a colour separation overlay process whereby a green or blue background is replaced electronically by a still image such as a city centre skyline, or a live camera shot such as Big Ben which can been seen showing the current time behind interviewees contributing live to news programmes from our Westminster studio.

The team in Birmingham recently installed new CSO equipment and before it was fully functional, the engineers had to test the cameras and screens and therefore needed an example image to use as a background.

An internet search for images of the Birmingham skyline brought up a photo of the city centre (via a website not connected with your Flickr page) and this was then loaded into the system just as an example backdrop to internally test and calibrate the new equipment.

It was never meant to be used in broadcasts but unfortunately due to an oversight, this internal test image was not deleted before the system was brought fully online.

This is obviously very unfortunate and we apologise most sincerely for this error. The image has been immediately removed from our system to prevent any future reuse.

I hope that by explaining the background to how this situation came about you will see that it certainly was not deliberate. I would note the website from which the image was sourced appeared to make no reference to copyright and had no facility for copyright to be enquired about or validated, although I understand that the image has now been removed from that website.

Nevertheless, we recognise that your image was used on air and would like to offer you a payment of £75 by way of a usage fee on the understanding that this represents final settlement of the matter. If you are agreeable, I would also ask that your image entitled "bbc news 24" on Flickr at
www.flickr.com/photos/23993287@N00/3120642216 be removed along with the comment "why is the BBC using this copyrighted photo of mine on news items" attached to the "Birmingham Skyline" image at www.flickr.com/photos/23993287@N00/2649168967.

If our proposal is acceptable, perhaps you could contact me personally via <email snipped> and I can arrange for matters to be progressed.

In conclusion, thank you once again for bringing this matter to our attention and allowing me to investigate. Please be assured that this matter has been taken seriously and alongside the immediate action taken to remove the image, senior management will be speaking to those involved to ensure that they have a full understanding of copyright issues for the future."

Read the final conclusion to this sorry tale, which comes complete with a happy ending for Mike, along with the BBC's comments to our questioning earlier today, on page 4.

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