good news or bad news?

[ThomasOwenM]

I just found out one of my shots was published in Guitar Player magazine. However, this was done without my foreknowledge or consent. They did an article about a guitarist who I photographed last August. All the photos I took were stamped with "Photo by Tom Meinen." I put them on a web page and gave the guitar player permission to use them on his web page.

I'm happy that Guitar Player has found value in my work. However, I do wish they had contacted me for the rights. I've never been published nationally before or paid for my work. This is definitely something to put on my resume.

On the other hand, if I had been contacted, I could have gotten the magazine a high-res image so that they could have the best quality possible and maybe I could have been paid something.

Maybe the guitarist was under the mistaken impression that I was giving him unlimited permission to use the pictures for anything. I'm not sure. I haven't talked with him. I don't want to come across as a prick-brain because there's definitely a good side to this.

I would like advice on how to best handle this and communicate with the guitarist so that he knows he should have asked the magazine to contact me. And should I contact the magazine?

I haven't seen the article yet and therefore don't know anything about the quality of the reproduction or if I was credited. I'm going to go out and buy it now.

[Steve Parr]

Well, it's bad news, certainly, from the standpoint that having your name next to a photo in Guitar Player Magazine is a good thing. Let's face it: It's one of the biggest, if not the biggest, magazine for the guitar industry.

The impression I get is that your friend probably provided them the photo, and didn't think to insist on a credit for you. As you said he could use them for his website, but then used them for this, well, that's probably isn't worth ruining a friendship over.

I had a similar (although somewhat different) situation about a year ago.

A friend of mine was being featured in Acoustic Guitar Magazine, and hired me to shoot him and his extensive collection of Koa (a type of wood) guitars. He submitted the shots to the magazine, with all of my information. I was paid well for the shoot.

When the piece was published, there was one of my shots, and my name nowhere to be found. I was, to say the least, disappointed.

Try what I did: I contacted the Photo Editor for the magazine, and explained that I was the photographer, and that I had wanted to put that piece in my portfolio. Without the credit, though, it seemed silly to do that.

The Photo Editor verified what I said with the person I shot. I then received two letters from the Photo Editor. One was a personal letter of apology for not including the credit, and another generic letter, to have with the photo, stating that the photo was taken by me, on what date; all the vitals.

It's not nearly the same thing, but at least I'm able to use the photo for my portfolio.

As for your friend, give him a smack in the back of the head and tell him he owes you, and not to do it again.

By the way, which issue of Guitar Player, and what's your friend's name?

[ThomasOwenM]

It's in the December '07 issue. Guitarist's name = Jason Ferguson. I just picked up the issue. Turns out the photo is a thumbnail with no credit given to me. The article is a page of blurbs about several different guitarists with a thumbnail per guitar player by each blurb. It's is a run-down on Myspace sleeper songs that the author is recommending.

I'm not sure if it makes a difference to copyright that it's a thumbnail or if it means I can still use the full-size image in my portfolio. I also don't know if they even contacted the guitarist first. They may simply have raided his Myspace photos. I wrote to him to find out.

Bummer that it's just a thumbnail. However, I can claim I've been published in Guitar Player and be telling the truth.

[Steve Parr]

I'm not sure if it makes a difference to copyright that it's a thumbnail or if it means I can still use the full-size image in my portfolio. I also don't know if they even contacted the guitarist first. They may simply have raided his Myspace photos. I wrote to him to find out.

Well, no matter how they got it, you can absolutely use the full-size image...

Bummer that it's just a thumbnail. However, I can claim I've been published in Guitar Player and be telling the truth.

Well, like I suggested; write to the Photo Editor of Guitar Player, explain everything, and see what happens...

[amonline]

Wow. Congratulations! It's too bad they used a lo-res proof. I would definately pursue compensation and a connection for future work in a very polite manner. Like another member said, this is about the #1 magazine in the industry.

[Steve Parr]

Wow. Congratulations! It's too bad they used a lo-res proof. I would definately pursue compensation and a connection for future work in a very polite manner.

The former could very well negate the latter...

[amonline]

The former could very well negate the latter...
Not usually with respectable publications though. They know how it works and as long as you approach with a positive, professional and kind attitude, things should be just fine. Totally ignoring the situation or talking to them like a newb that's willing to be a push-over would not be smart for business in the long run. There is such a thing as an easy to work with professional that stands his ground regarding his rights while building relations with a new client.

[Steve Parr]

Not usually with respectable publications though. They know how it works and as long as you approach with a positive, professional and kind attitude, things should be just fine. Totally ignoring the situation or talking to them like a newb that's willing to be a push-over would not be smart for business in the long run. There is such a thing as an easy to work with professional that stands his ground regarding his rights while building relations with a new client.

Guitar Player Magazine is probably one of the top three "respectable" publications in the industry.

If he wants follow on gigs, pushing for compensation isn't exactly the way to go about it.

I've never suggested that the situation be ignored. But the fact of the matter is that compensation is probably no going to happen; sad but true. It's not like we're talking about the main picture of a feature article; it was a thumbnail.

Given that this particular bit of water went under the bridge a long time ago, I think it's best to work for the most positive, yet likely, outcome. It's not very likely that they're going to pay him and then hire him in the future. In fact, the line of photographers at the door of the Photo Editor for Acoustic Guitar Magazine is probably quite long, with people who will be presenting far more than thumbnails, so even the prospect of being hired on the basis of the photo they published is, at best, remote.

Contacting the Photo Editor is the first step, and that step should be taken with the hope, yet without the expectation, of compensation. I think this would fall under the category of "take what you can get"...