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Old 25-05-2007, 19:13   #1 (permalink)
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Copyright issue

has anyone here had a photograph used in a magazine/newspaper etc with no questions asked and no permission given??

Ive just found out today that a photo was taken from my website and used in a pretty famous magazine in Ireland. Im not blaming the editor of the magazine for 'stealing' it as he may have been given if from another source. The website address whcih was along the bottom of the photo was taken out aswell.

I was wondering can anyone give me any help on what to do about it?

Steve
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Old 25-05-2007, 19:21   #2 (permalink)
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Re: Copyright issue

get in touch with the editor and tell him that the image belongs to you and that you expect to be recompensed by the paper for the useage of the image or you will be talking to a layer........add that you are sure that when people realise that their magazine is in the habit of using stolen material it wont go down to well.

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Old 25-05-2007, 19:26   #3 (permalink)
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Re: Copyright issue

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get in touch with the editor and tell him that the image belongs to you and that you expect to be recompensed by the paper for the useage of the image or you will be talking to a layer........add that you are sure that when people realise that their magazine is in the habit of using stolen material it wont go down to well.

Fi
Fi is a layer something like a lawyer er

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Old 25-05-2007, 19:38   #4 (permalink)
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Re: Copyright issue

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Fi is a layer something like a lawyer er

Ken
ummmmmmmm heheheheheheheh... i was thinking photoshop ,........ ok its a lawyer without the w! and shusht no one else noticed...........

hm should i go and edit it now?
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Old 25-05-2007, 19:40   #5 (permalink)
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Re: Copyright issue

I forwarded a small low res picture to the newspaper asking if they were interested in using a larger high res one for a news report.........got no reply but found they used the low res one I just contacted the editor who authorised payment for the use of it.
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Old 25-05-2007, 20:06   #6 (permalink)
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Re: Copyright issue

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has anyone here had a photograph used in a magazine/newspaper etc with no questions asked and no permission given??

I was wondering can anyone give me any help on what to do about it?
The very first thing you should do is a bit of background investigation into the size of the publication (readership), their advertising rates etc. so you can establish what sort of budget they might have for photographic works. This is essential prep work.

Next, you should contact the picture editor of the publication; explain to him that the image is yours and ask (politely) how it came to be published by them without your knowledge or consent. This is crucial since it may have been a third party who sold it to them, passing off your work as their own. From this you have three avenues.

1. The paper admit they obtained it themselves: you agree compensatory fee for the unauthorised use. Also be clear that they remove/delete all copies of the images from their servers and ensure that they do not syndicate the shot or otherwise profit from its resale. Keep it polite and civil and perhaps, in the future, they might want to run some of your other shots.

2. The paper obtained it via a third party: you'll want the details of the person(s) or company that sold the image to them. You may need to get the police involved in this since the paper has certain data protection obligations but it still amounts to theft. You will definitely want to pursue legal action on this one and there's really no limit to what you can charge for their profiting illegaly from your work, but courts prefer you to exercise a bit of common sense in your demands.

3. The paper and/or third party refuse to talk with you: As per above, but no more Mr. Nice Guy - you'll want to get legal representation and, if possible, highlight your plight in other media. There's nothing like a bad reputation to kill off potential business for these folks and the the threat of such publicity usually leads to nice out-of-court settlements.
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Old 25-05-2007, 20:31   #7 (permalink)
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Re: Copyright issue

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I forwarded a small low res picture to the newspaper asking if they were interested in using a larger high res one for a news report.........got no reply but found they used the low res one I just contacted the editor who authorised payment for the use of it.
Y'see, things like this p*ss me off; it seems that practically every picture desk wants something for nothing these days and a lot of them thrive on 'vanity' publishing - photographers who are so happy to see their work in print that they don't care about being paid. Perhaps this is why the photo desks think they can use whatever they want without asking and not consider payment.

Case in point: I shot at the Scottish BAFTA awards late last year for the agency and a guy that I was friends with back in my schooldays was up for an award. He won in his category and I got some great shots of him, his mother and his sister, all nicely posed with his award.

I contacted the local rag first thing on Monday and asked if they'd be interested in running the shots and I emailed a few watermarked, low res proofs to them. I got an email back from a junior picture editor saying they might want to use them and they'd be in touch.

Two hours later the picture editor calls and says "Yeah, good shots, I think we'd like to run them" - so I asked "Okay, what sort of fee are we looking at?" to which the reply was "Oh no, we don't pay for pictures... "

This paper that doesn't pay for pictures has a circulation of around 30,000 and a cover price of 73p; a full page colour ad costs 4000 (ex VAT), and they have a good many pages devoted to ads - so I guess that makes for weekly revenues of around 50 ~ 60,000, or about 2.6 million a year.

Back when I was freelancing, I would always be told "yeah, send it in on spec and we'll pay you if we use it"; I never did because I simply didn't trust a lot of the publications to use the images the next day... they might keep them on file for a bit then run them a few months down the road. I don't buy newspapers since I get all the info I need online, so such use could slip by me unnoticed.

I'm glad you got some cash out of them for this instance but it makes me wonder on how many other occasions such uses would go unnoticed.

Personally speaking: I may only get a 50% cut of the sale price when working with an agency, but I'll take 50% of something over 100% of nothing any day of the week.
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Old 25-05-2007, 20:45   #8 (permalink)
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Re: Copyright issue

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I'm glad you got some cash out of them for this instance but it makes me wonder on how many other occasions such uses would go unnoticed.
If it wasn't for Gary Bagshawe posting on here letting me know that my image had been used I wouldn't have known
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Old 25-05-2007, 20:47   #9 (permalink)
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Re: Copyright issue

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No, it's someone who does not tell the truth. Could be the same, though I suppose
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Old 25-05-2007, 23:05   #10 (permalink)
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Re: Copyright issue

thanks for the replies.

The thing is, i know the one of the editors and i know a lot of the photographers that supply the magazine.

i assumed they were given it by another source which seemed the most likely thing and after emailing them they confirmed that.

I do not want to make a real big issue out of it but at the same time its hateful when something goes on behind your back. I have been getting photos published in the local papers but they do not pay. I dont mind this as i give shots for the love of the 'subject' in question (not hard guessing what it is) but when u see a shot published without any consent it peeved me!

Is it the fault of the magazine for publishing this photo? i guess they didnt know nor did they ask any questions.

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Old 25-05-2007, 23:56   #11 (permalink)
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Re: Copyright issue

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I have been getting photos published in the local papers but they do not pay. I dont mind this as i give shots for the love of the 'subject' in question (not hard guessing what it is) but when u see a shot published without any consent it peeved me!



Steve
I know it is nice to see your work in print.
but I personaly don't think you should ever give photos away for nothing, it is not fair on the photographers who try to make a living out of the game.
As for your pics being published without your consent, thats just not on.
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Old 26-05-2007, 01:17   #12 (permalink)
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Re: Copyright issue

hi Ken. About not charging for photos, i find out if previous photographers do or do not get paid for their work. The only shots i give away are ones for the local paper who did not previously print any rally photos of any kind. There was no other photographer who ever did rallying or does so presently but i know exactly where you are coming from.
I do know of some photographers who give away free photos to everyone which does affect the pros who have been taking photos for years. Its the same with the 'old heads' taking photos for magazines/papers, i wouldnt ever want to undercut someone just to get published. If my shots are good enough they will ask!

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Old 26-05-2007, 09:33   #13 (permalink)
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Re: Copyright issue

Not all magazines can afford to pay for all the Photos they use. A local County monthly magazine will pay for complete articles with photographs though tend to use regulars. They will pay for a front page photo but do rely on other photos from semi-professionals and keen amatuers. Last month they published a set of photos from our Camera Club giving us some good publicity and giving credits to each of the photographers featured. There was no payment but both parties gain from this. The magazine is a high quality glossy so the photographs look very good.

Perhaps this Irish magazine operates in a similar way though I do not understand how they could have used the picture if they did not know the author. It is certainly worth asking for payment now but at the very least they should have given the photographer credit. If it was all a misunderstanding, I am sure they will rectify in some way.
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Old 26-05-2007, 11:33   #14 (permalink)
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Re: Copyright issue

No they are a pretty professional outfit and always pay photographers well. Im not blaming them really as the photo was given to them from a 3rd party. Im not one for causing a lot of hassle so a wee note in me hand would do ok!

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