Have you ever used a photo that isn’t yours? It can cost you dearly. Section 23 of the Copyright Act protects the images and gives the photographer the rights. It was also the starting point when Narvik photographer Robin Lund met seven actors in the Oslo District Court. Everyone agreed that Lund’s photos had been used without permission. But what did he deserve to be paid? Demanded several thousand kroner Photographer Robin Kristian Lund sued seven actors for using his photos without permission. According to the defendants, Lund has demanded up to NOK 11,000 for use and compensation. In court, Lund demanded that the defendants be ordered to pay an amount at the court’s discretion. Christmas, Easter and May 17 pictures The pictures that are relevant in court have been used in connection with Christmas, Easter and May 17. On the right search terms in image searches in Google, Robin Lund’s images come up a long way. The defendants believed that a reasonable payment amounts to a maximum of NOK 100. Got a bill for NOK 11,212. This is not the first time Robin Lund’s pictures have been mentioned in the media. Morgenbladet has referred to an “expensive Christmas greeting” and TV 2 has asked if this is a deliberate strategy. A Google search with the text “Easter image free” yields many beautiful, yellow images. The first five pictures are Robin Lund’s pictures. But they are not free. Robin Lund’s website clearly states that the pictures can be bought. Photo: Skjermdump / robinlund.no Sentrum Physiotherapy in Bodø is one of the companies that met Robin Lund in the Oslo district court. They had used one of the Easter pictures. Manual therapist Jannike Persson tells how they ended up in a dispute with the photographer. – Before Easter last year, we wanted to announce the opening hours for the clinic. I googled for Easter and came up with an Easter picture that I used on Facebook. Jannike Persson (third from the left) and the rest of Sentrum Physiotherapy took an Easter holiday after sharing the opening hours. The invoice from Robin Lund arrived five months later. Photo: Ivar Olsen The therapists took an Easter break and thought no more about either the post or the picture. – The invoice came five months later. – We were about to fall over. At first we didn’t understand anything, and thought it was someone trying to trick us out of money. Thought the price was unreasonable The sum Lund demanded from Sentrum Physiotherapy was NOK 11,212. Of this, NOK 2,990 plus VAT for the picture. In addition, 100 percent compensation for illegal publication and 100 percent compensation for publication without credit. – For our part, it was pure ignorance and in retrospect, of course, we have understood that we must pay more attention and be familiar with the regulations. She emphasizes that they have never refused to pay, but that they thought the price was too high. – We felt accused as thugs and were quite surprised. Have you used an image without permission? Yes No Maybe, it’s hard to know Show result They refused to pay and in the end they ended up in the Oslo district court together with six other players: Lancelot AS Lillestrøm Kirkelige Fellesråd Telemark Farmer and Småbrukarlag Klinikk Stikk Tannlege Walle AS In addition, TV-Tormod AS and Bjørn-Tormod Nilsen defendant. He tells the newspaper in Harstad that he felt deceived. Thousands of notes turned into hundreds of notes In court, the seven defendants and Robin Lund completely agreed that the photos had been used without permission. Center Physiotherapy & co. filed a claim that he was entitled to NOK 100. Lund asked the Oslo District Court to assess how much he should be paid. The court uses two pages to argue about the question of price. Among other things, they say that the images are relatively simple illustration images and that these are offered by a number of sites either free of charge or at a much lower price than what Lund has invoiced. They conclude that it is documented that similar images are licensed for NOK 30–100 per image. Conclusion? Lund is entitled to NOK 100 per image upon sale. However, the court determines that the defendants have acted grossly negligently and should pay double. With VAT, they owe Lund NOK 225. – We think it is good that we are heard in this matter. The demands he has made have been completely unreasonable, says Persson to news. Appealing the verdict The photographer writes in an e-mail to news that he is satisfied with having won the principle of copyright protection. – The judgment expressly confirms that the defendant companies have grossly negligent, and with intent, violated the photographer’s statutory rights. In other words, legal jargon for the fact that they are guilty of the offense which in normal Norwegian is called piracy or image theft. – The judgment clearly holds the defendants accountable for their law-breaking actions, and completely rejects their claims and delusions about image tagging, fraud, good faith, he writes further. However, the photographer believes that the sum of NOK 100 per image is far too low. He will therefore appeal the verdict to the Borgarting Court of Appeal. – There are probably many advertising photographers who put their coffee in the wrong throat of the fact that carefully planned images, behind which there is a large amount of professional equipment and expertly executed work, are downgraded in the judgment as almost worthless. Furthermore, he writes: – If reasonable remuneration for unlawful use is to be set so low, it will mean that photographers’ legal protection will be completely erased. In practice, there is also a professional ban for many photographers. No Norwegian photographer can make a living selling photos for a hundred. In court, the defendants presented a claim that Lund has strategically tried to get people to misuse his photos. The photographer strongly rejects this. – It is unfortunate if someone misunderstands the warning as a threat. The notice is an offer to settle without involving the court. Unfortunately, it will be a necessary next step in case of any objections. Lund is also confused that his images came up high in searches for “free”. – A simple photographer in Northern Norway has no control over which results the search engines present on different searches. Nor at Google. Their algorithms are well optimized in relation to what is being searched for and what the search engines know about the searcher, he writes. Lawyer Ole Tokvam in Bing Hodneland says they will appeal the verdict. Photo: BING HODNELAND Lawyer Ole Tokvam represents Robin Lund. He maintains that Lund exclusively offers his photos for sale on various websites. – There are people who copy and use them illegally. This is just like goods in a store. The goods are available, you can either pay or steal. – There is an interesting side to this case around people being able to enforce their rights under the Intellectual Property Act, says Tokvam.
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Robin Lund received a fraction of the price for his pictures after a judgment in the Oslo district court – news Nordland
