Limitiation Act 1980 - re-occuring copyright infringment

[Gra1252]

Hi, I just recently found out that a major newspaper has used a photo of mine in an online news story. The image was first published on 1/11/2018 and is still visible online and credited to another party. I know that no one has ever approached me to use this image. I sent an email directly to the newspaper requesting removal and compensation. They replied that as it was now over 6 years since their initial infringement (by 7 days) any case would be tort. no offer to remove the image. I'm assuming their interpretation of the LA Act 1980 would be correct, despite the infringement still occurring. Can't find anything so far online to confirm or deny? Any help would be greatly appreciated.

[PallasAthena]

2028 presumably a typo. What was year first published?

[Gra1252]

2028 presumably a typo. What was year first published?

Absolutely my mistake.. should have been 2018

[atticus]

Can you please describe the repetition of the infringement. Is it that a web page from 2018 can still be viewed?

[Gra1252]

Can you please describe the repetition of the infringement. Is it that a web page from 2018 can still be viewed?

That is exactly the situation. The digital newspaper web page article from 1/11/2018 is still visible online complete with the photo.

[atticus]

Research suggests that in relation to defamation cases in similar circumstances there is a 'single publication' rule.

[Gra1252]

Research suggests that in relation to defamation cases in similar circumstances there is a 'single publication' rule.

Many thanks for taking the time to research this. I'll forget about the issue as it would appear I'm not able to move forward. Overall it wasn't a monetary issue, just the principal of using the image without asking, plus crediting to another party.