What should I do?

oldschoolripper · Outlaw Joined: 26 Jul 2004 Posts: 143 City: Tupelo

My local daily newspaper ran a photo of mine on the front page without giving me credit or asking my permission to use the photo.

I am pissed.

Any sugestions?

89comp · Posted: Aug 08, 2005 1:24 pm Post subject:

at least in the video world if you can't be identified by the footage, then as a videographer you don't have to get a release or credit the person.

RD · Addict Joined: 22 Apr 2003 Posts: 626 City: Discovery Bay

Call them up and ask them for money, newspapers are used to paying for images.

oldschoolripper · Outlaw Joined: 26 Jul 2004 Posts: 143 City: Tupelo

It was bittersweet for sure to get a photo on the front page of the sports section and not have my name under it!

emzcorey · Newbie Joined: 22 Jul 2005 Posts: 33 City: Lilburn

wait wait wait... was it your picture, as in you took it, or a picture of you...

If its your pictures, sue them... or threaten to sue them and ask them for a lot of money, and I mean thousand or so easily. You own the copyright, and the paper cant use your picture without release.

If its a picture of you, be happy... maybe call teh paper and say you were them and get a copy or something... you dont own the picture so cant gain anything really from it.

oldschoolripper · Outlaw Joined: 26 Jul 2004 Posts: 143 City: Tupelo

I took the pic of a local wakeskater. His parents downloaded the pic off my gallery here and gave it to the paper without telling them I took the photo.

Oh well, lesson learned.

Tag all your good photos with a copyright mark.

emzcorey · Newbie Joined: 22 Jul 2005 Posts: 33 City: Lilburn

no no no... lesson not learned... it is illegal for them to do that... you by law own the copyright, and can sue them. Im not saying you should do that, but atleast talk to the paper... you should prob be able to get some money out of them for the shot, most papers can get scared of courts in this case, if you had registured the copyright, you could posibly sue the paper and maybe the family for about $200000... I'm not saying, go money hungry or anything, work for free is no good. A mag down here in atl wants a few shots of a highschool game they have been looking for for weeks... and they want them for free... I bought 1000s of dolars of equpiment... i was smart enouph to cover this game... it was my work and experience with photography that got the shots... and they get mad when I say I'm not giving away work for free... Its a big deal in the photography industry right now. I say atleast confront the paper and say, did you ever think to ask to contact the photographer!!!! Retards, you work in this buisness you should know not to screw around with copyrights... good luck.

RD · Addict Joined: 22 Apr 2003 Posts: 626 City: Discovery Bay

emzcorey,

$200K for damages? I would think any thing that extreme would never even make it into a court even if you could find an attorney to pursue it.

oldschoolripper,

Did you get a talent release from the wakeskater? If not the parents/family may have some rights in the use of the shot with the wakeskater's permission off course and may also have some right to compensation from you if you do sell the shot. IMO this is not worth more then a phone call to the paper requesting payment at the going rate, I wouldn't be surprised if they sent you a check as it's chump change to them. But a big copyright pasted across your picture before it hit the internet would have solved all this. Hey, if nothing else add a clipping of it to your portfolio.

Mike Isler · Moderator Joined: 11 Jan 2003 Posts: 718 City: New York

RD, "Did you get a talent release from the wakeskater? If not the parents/family may have some rights in the use of the shot with the wakeskater's permission off course and may also have some right to compensation from you if you do sell the shot"

That's not needed... there is a distinction between editorial and commercial usage. For editorial usage, model releases are not needed at all.

With that said... REGISTER YOUR COPYRIGHTS!. Photos are copyrighted the second you take them, but it's much easier to fight in court if you've registered your images. It costs $30 to file registration for as many images as you can fit on a CD or DVD (at low res). It also allows you to recoup legal fees if they're registered.

If you want to battle it out with the paper... you'll probably come out on top, but not for $200k. The law allows for a maximum of $100k for willful infringement... but that's for this kind of scenario: Say you have a shot on your website, with a CLEAR copyright sign on it, and Budweiser or Microsoft uses it for a huge ad campaign. Then you'd probably get the maximum... not for a local paper. I'd say just get in touch with the photo dept, explain the situation, and they'll cut you a check at standard page rate ($50 or $100 for dailies)... and probably print a correction the next day with photo credit.

RD · Addict Joined: 22 Apr 2003 Posts: 626 City: Discovery Bay

Mike Isler,

Thanks for clearing that up Mike, I've heard about talent releases but was never completely clear on when they were needed or if having someone in your photo gave them some sort of right to use it.

oldschoolripper · Outlaw Joined: 26 Jul 2004 Posts: 143 City: Tupelo

Thanks guys. I got burned, but I've learned a lesson.

Shelby

emzcorey · Newbie Joined: 22 Jul 2005 Posts: 33 City: Lilburn

yea, I didnt know exactly what the number was that you could bring a suit up to (just saying you have the power of that kidna suit, not that its going to to go to that, or even that it should) , but that copyright registration is really really a must if you think anyone could get a hold of your pictures. Ive seen articles on sports shooter where just by saying that he had registured his pictures, an editor broke down and sent him a check as soon as she could. Thanks for clearing that up Mike Isler, I really respect your opinion, amazing photography.

pants · Newbie Joined: 13 Jan 2005 Posts: 32 City: England, UK

I think a clear copyright sign somewhere on the image is definately the best. I've sent pics of riders off to editors, companies etc with a watermark on them. That way thay can see the whole pic but can't use it.

It's a crap way of doing things but if you want to earn a little cash out of photography, it's gotta be done. Like emzcorey said, when you spend 1000's on equipment, wht should someone else get the benefits for free.

Good luck for next time though Wink