BBC coughs up over Flickr image copyright breach

Davey Winder
Wednesday, 11 February 2009 20:45

IT Industry - Market

Mike rejected the initial offer, describing it as "derisory." However, he was incensed that the supposedly impartial and accountable BBC were "acting like cowboys."

So Mike put in his own counter-claim for £500 for breach of copyright, £500 for existing use and offered to license the image for further use at £100 a time.

"What I am after is a full and fair settlement for the photo. I am willing to license it to the BBC for commercial purposes and I require settlement for breach of copyright" he told them.

I then asked both David Larner and the BBC Press Office this morning to comment upon specific points relating to the story. Namely why the BBC was demanding Mike remove the screenshot image and his comments; the website it claims to have sourced the image from; and what training it had in place for employees regarding the use of copyright material.

David Larner quickly replied that "As a journalist, I'm sure you'll understand that due to Data Protection requirements and privacy issues, we cannot discuss specific details of any complaint received or any response sent to an individual, especially when correspondence is ongoing."

By a strange coincidence, within a couple of hours of contacting the BBC about this matter it had arrived at a settlement with Mike. Although he will not reveal the actual amount beyond "its not thousands" he feels he has "received a fair settlement" and "no longer have any issue with the BBC."

The BBC has telephoned Mike to apologise, and the apology has been accepted. In the meantime, the BBC Press Office has declined to comment at all beyond being "...pleased that the matter has been satisfactorily resolved and have nothing further to say on it."

Mike would like to point out that while not legally bound by the settlement to do so, he has agreed to disable the comments on his images at Flickr "as a good will gesture."

I am happy for Mike that everything has turned out so well, and would like to think that the iTWire probing into this affair has contributed to the conclusion. However, I would also like to think that of all people, the BBC would have procedures in place to ensure that staff are adequately trained in matters involving copyright.