What To Do About Published Photo Without Release

[BobMarkey]

You need to demand payment and a correction/omission statement.

Don't work for free. A photo credit is not worth squat.

By not responding to you, the paper is reinforcing its display of disrespect for your work.

Get tough.

[Josh_Hawkins]

Bill,

It would also be worth the effort to make sure a copy of the letter goes to the photo editor. Ultimately the editors usually don't have a clue about what happens with photos, how it happens, or any decision making in getting things done with photos. The photo editors/photographers usually do have a clue and well they may not have the power to help you, they have the connections to help inform the paper how to deal with it better in the future, and if you're looking for jobs, they're the ones who need to know you exist and are worth hiring.

Josh

[KevinWeatherly]

Bill,
What do you want at the end of this? If you want a relationship with the paper, make the effort to speak to the editor and as previously mentioned see if you can get some future work from them. If you want money, go down the legal rights route but at the end of the day the final choice is yours alone and not something that we can influence.

[VincentPhotography]

We must get burned to learn, not always.
www.editorialphoto.com will clue you in. This is a great site to get up on copyright issues. Cut the newspaper page out and put it in your portfolio.
Let this be a lesson to all of us that do not register our images and then wonder what to do when something like this comes along. The "legal hammer" as the attorneys like to call it, is registering your image. Otherwise you ain't got a whole lot coming to you. A story comes to mind: There was once a marble factory in Italy were many apprentice sculptors work on various pieces, such as floral reliefs. One day a young apprentist accidently chips off a rose bud and it goes rolling to the floor. The head sculptor comes over to the new guy and says, -you take this rose and you place it on your dresser, every morning you wake up and smell this rose.

[KevinStecyk]

Originally Posted by Bill_Forster

Well, I wrote a letter to the editor of the newspaper and explained that the photo that was printed was mine and provided my web site where the photo could be viewed. I explained that I wanted to maintain my copyright to the photo and that they may not use the photo again without my permission. I didn't broach the subject of payment but I did mention that if they liked the photo maybe we could work together sometime. I have not heard a word back from them even acknowledging my letter or their mistake. I don't want to piss them off because I believe having them as a friend will do me more good. Do I just let it go at that?

As with any negotiation, you need to make your demands known.

From what you have written, you want:

• you want your copyright maintained; and
• they can't use your photo again.

It seems to me that, so far, they've honored your requests.

I would have followed Marie Hughes's advice. By having them give you credit for the photo, the paper acknowledges your copyright and gives you credit for your photo.

I think in these situations, you need to be very clear on what exactly what you are seeking.

Given that you haven't asked for money, I think that issue is now resolved. By the way, I think if you do start asking for money now, it is poor form because you don't appear to know what you want. I don't think the money will be worth the fight, anyway. Consider the loss as tuition into the school of hard knocks and learn from it.

If you want to establish a relationship, follow Kevin Weatherly's advice.

Regards,
Kevin

[TedGrudzinski]

I think contacting the newspaper was the correct thing. The rights for a publish picture are about $25 from small papers that actually run story about kids signing with colleges. The paper should make some mention of the credit somewhere in some correction box. But even as a photographer, when you sold that photo, you probably sold it for 'personal use'. Isn't the parents promoting the child a personal use issue? You might want to point out to the parents that they don't have the rights to just give them away, especially if this kid became world famous, . But the parents will probably just bad mouth us 'rich photographers who have all that expensive equipment'. Do your photographs say on the back that the images are copyright and not intended for other use without express permission? If the parents really did purchase 10 photographs, I think that would be a customer and someone I would want to keep happy. Want some of my clients who "just want the digital file" emailed? If th epaper won't pay, see if they will give away an ad box in the sports section, give them some kind of jesture.

[southwindphoto]

I had a local news paper ask the Harley Davidson dealership for a photo of downtown during Bikerweek activities. Knowing I worked for a couple motorcycle magazines covering area motorcycle events the dealer referred the writer to me.

I spoke with the lady regarding what she needed, and emailed her a print ready API standard print. Instead of there normal stringer fee I asked that instead the picture should have a caption saying image provided by www.southwindphoto.com . While I know it would not increase my business, I thought that I was doing the right thing, by giving back to the local communities. I even placed those instructions on my email, and I imbedded that into the photo’s copyright section.

As you would know it the photo appeared a couple days later on the lower part of the front cover. And guess what. It stated “photo provided”.

The funny thing is about a year later; another writer for the paper called and asked for a wedding image she had seen on my website to go with her column. I advised her to call “photo provided” since that photographer was the only one getting any credit in there paper. And the only way I would ever release an image to her paper again, was for her to email me a contract outlining our agreement. I received a phone call about an hour later, from one of the editors who apologized for the first writer’s failure to list the image was provided by me, and had a runner deliver the contract. This time the image was used on the cover of a special wedding in insert, and not only did it say photo provided by SouthWind Photography, they made an ad and placed it in the wedding vendors section.