****UPDATE 12/09****
The Royal Opera House have explained that the only images they want taken down are photos of two set designs I used in a recent post. The rights over these may rest with the set designers themselves. I have reinstated the original post, but replaced the photos themselves with a link to their location on the ROH site, where the eagle-eyed will notice that no photographer is credited.
I have also been given official access to their treasure trove of press images.
Result!
I do hope the Royal Opera House's next move will be to reduce any further confusion by formulating a clear, publicly displayed policy on the use of their copyright images. Social media are here to stay and the ROH need to work out how to handle them. I don't know of any other UK arts organisation with such a policy, so the ROH has the opportunity to set the standard and become a pioneer. Will they take it?
***UPDATE 11/09****
The Royal Opera House have issued a press release (copy below) to apologise for the way in which this matter was handled. This in itself is a big step forward. But read carefully - they haven't retracted the their original complaint, nor explained exactly what they wanted in the first place. So I have asked them for more details. I have told them that if I hear nothing, I will restore all the original posts without amendment.
I also note that despite what is said in the press release, they have provided me with no 'imagery' for either Così fan tutte, which opened last night, or Don Pasquale, which opens tomorrow.
Papering over the cracks? Let's wait and see. In the interests of reaching a speedy conclusion, I won't offer my full opinion on the whole sorry affair until it's finally resolved..............
(If you're wondering what I'm banging on about, flip the page for the original post).
The original post:
You may be wondering where all the Royal Opera House posts have gone.
The answer lies in the correspondence below.
The ROH head of legal & business affairs has written me a couple of emails (below), culminating in a demand to "Remove all images referenced to performances at the Royal Opera House" - whatever that means. If he had threatened only litigation I would fight it. The grounds are weak; he can't even spell 'counsel'; I can smell victory from where I'm sitting.
However he has also made the threat of "future exclusion from future Royal Opera House membership and performances". This obviously hits where it hurts. The ROH can bar entry to anyone, for any or no reason, right or wrong, whether they''ve used "images referenced to performances at the Royal Opera House" or not. So in the interests of my continued attendance at Covent Garden, I have reluctantly removed all Royal Opera House-related posts, as it was the quickest way to comply with the demand made.
Naturally I very much regret this, but what's the alternative?
I have made not a penny from "images referenced to performances at the Royal Opera House". The ROH have not, I suspect, incurred any losses as a result of my use. In fact, I believe that this blog has actually enhanced ROH finances by encouraging people to buy tickets, and particularly by familiarising new visitors with what goes on there and what performances are really like. On a day when the ROH's Chief Executive Tony Hall is boasting of bringing "new audiences into the opera house", it is sad that they will have one less resource to help them.
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Here are the emails. They are untouched apart from some cheapshot mockery in red, which it gave me great pleasure to add:
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From: george.avory@roh.org.uk
To: inter-mezzo@hotmail.co.uk
Date: Wed, 8 Sep 2010 18:30:27 +0100
Subject: RE: Royal Opera House Copyright
As you have decided to ignore my previous communication and continue to infringe Royal Opera House copyright, we will therefore instruct external consul (sic) to commence proceedings immediately for full damages and associated legal costs caused by the unauthorised reproduction by you of Royal Opera House property.
Yours sincerely
George Avory
Head of Legal & Business Affairs
Royal Opera House
Covent Garden
London WC2E 9DD
Phone +44 (0)20 7212 9664
Fax +44 (0)20 7212 9499
Email george.avory@roh.org.uk
From:George AvorySent: 07 September 2010 17:24
To: 'inter-mezzo@hotmail.co.uk'
Subject: Royal Opera House Copyright
To whom it may concern,
It has been brought to the attention of the Royal Opera House that the website with the url
http://intermezzo.typepad.com/intermezzo/ is currently displaying various images without permission and whose copyright belongs to the Royal Opera House.In the section titled "USING MATERIAL FROM THIS SITE" it is stated that "You are entitled to use material from this site for non-commercial purposes. You don't need to ask me first - but it would be nice. As would a credit - intermezzo.typepad.com. Please assume that, unless stated otherwise, I hold the copyright to all content on this site. And if I don’t, someone else (name stated where I know it) does."
May I remind you that you do not own the copyright in the Royal Opera House images and by encouraging visitors to your website to "use material from this site for non-commercial purposes" is (sic) an infringement of Royal Opera House copyright; therefore unless these images are not removed from the website
http://intermezzo.typepad.com/intermezzo/ within the next twenty four hours from the date/time of this email, the Royal Opera House will inform your website hosting company of this situation and will consider appropriate action to protect our valuable copyright.I attach two screen grabs (nothing was attached) detailing the use of some of the unauthorised Royal Opera House images to be found on your website.
Yours sincerely
George Avory
Head of Legal & Business Affairs
Royal Opera House
Covent Garden
London WC2E 9DD
Phone +44 (0)20 7212 9664
Fax +44 (0)20 7212 9499
Email george.avory@roh.org.uk
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From:
inter mezzo [mailto:inter-mezzo@hotmail.co.uk]Sent: 09 September 2010 01:52
To: George Avory
Subject: RE: Royal Opera House Copyright
Dear Mr Avory
I did not receive your previous email, nor the screen grabs that are said to be attached, and so I am not clear which images you are referring to.
However, any images on the site that I am aware were sourced from the Royal Opera House are annotated (generally below) with 'Photos: Royal Opera House' or similar. If I have failed to do this in any particular case, it is due either to uncertainty over ownership or simple oversight, and I would be happy to correct the omission on request. I would also be happy to place a statement on the front page that the Royal Opera House holds the copyright to all images so marked, or any other wording to this effect you may prefer. It is not my intention to claim copyright where I am not entitled to do so.
I would point out that the wording
Finally, may I clarify that I receive no financial benefit from the use of the images. It is my understanding that the Royal Opera House in most cases do not either, as there is no charge to the press for their use. So, if my understanding is correct, there is no financial gain or loss for either party from my usage. This makes it hard to see how a claim for damages might be effectively pursued. On the other hand, my website receives over 100,000 visits per month, not to mention many comments from visitors to the Royal Opera House, both regular and occasional. It is fair to assume that at least a few of these are encouraged by what they read to patronise the Royal Opera House, or find their experience enhanced by the provision of relevant information and opinion. It follows that the use of Royal Opera House images on the site does not damage the Royal Opera House but actually assists it in achieving its financial and charitable objectives - in essence, 'free advertising'. Paying external lawyers from public funding to pursue a lone blogger would undoubtedly have the opposite effect, with the additional risk of reputational damage.
I will do my best to accede to any reasonable and specific request you may put forward.
http://intermezzo.typepad.com/
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WITHOUT PREJUDICE
In reply, remove the three images of the set designs of ADRIANA LECOUVREUR and TANNHAUSER.
Remove all images referenced to performances at the Royal Opera House. An indicative but not exhaustive list of Royal Opera Hose (sic) images are located on your website at: http://intermezzo.typepad.com/intermezzo/angela_gheorghiu
http://intermezzo.typepad.com/intermezzo/2010/06/manon-le-retour-%C3%A0-covent-garden.html#more, http://intermezzo.typepad.com/intermezzo/2009/06/un-ballo-in-maschera-royal-opera-house.html#moreMay I remind you that you do not (sic) the right to reproduce or distribute any Royal Opera House copyrighted work including any images taken within the Royal Opera House.
If all Royal Opera House images are removed by 6pm Friday 10th September 2010 then this matter will be closed, however if you do not comply then we will pursue this matter further which will include litigation and future exclusion from future Royal Opera House membership and performances.
Yours sincerely
George Avory
Head of Legal & Business Affairs
Royal Opera House
Covent Garden
London WC2E 9DD
Phone +44 (0)20 7212 9664
Fax +44 (0)20 7212 9499
Email george.avory@roh.org.uk
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UPDATE 10/9 - Comments on this post now extend over several pages - please use the small arrows >> beneath the last comment to move to the next page
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