Published photo - but no credit

[Stefan A]

Yeah, I know there have been numerous threads about people not getting credit for their photos, but now that it has happened to me, I need to vent.

I took some pictures for my own enjoyment and practice at a local choral concert about 1 month ago. It was quite dark and I didn't want to use flash, so I mainly wanted to practice. Some of them turned out well, so I published them to a website and sent the link to a few people who were involved. So this morning, I open my local paper and see my picture published. But there is no photo credit anywhere. The author of the article is one of the people who I sent the photos too. I don't think she is a reporter, I think she just submitted the article and photo - maybe a parent of one of the performers. Am I petty for wanting a photo credit? I decided to send her and the director of the ensemble an e-mail. I kept it professional and I did not "strongly" word it. Simply expressed my disappointment in not getting a photo credit. Is this how you would handle it?

Stefan

[ChrisR]

I would be more concerned about not being paid for it... I would invoice the paper.

[primoz]

Agree... personally I don't care about byline, it can't buy me bread and milk, money I get for photos can. So that's what I'm concerned about. Byline doesn't mean anything and noone notice it anyway.

[René Damkot]

I'd send a bill of 4 times the normal rate (3x for not asking permission + once for not stating the name), then wait for a reaction, and work something out.

This is assuming you clearly stated your copyrights ("Copyright of the images stays with me, so if you would be interested in using any for web or other purposes, please contact me for usage rates. ") when you sent the images? And also had it embedded in the IPTC?

If not, a more subtle approach might be advisable. :p
It's probably a case of not knowing any better, but in that case the paper needs an education ;)

[EOS_JD]

As you were not paid to do a job and you sent the images on, perhaps your friend didn't realise she needed further consent? I' had a situation where my friends (graphic designers) used their wedding images (that I took) in a brochure for a wedding fayre for a local hotel!!

I didn't see a penny and didn't want to sour our relationship as I get some work from them although I did make them aware I was unhappy at not getting any credit.

It's a tough one. Once you have done it, you will be much more cautious about sending images to people in the future.

I think you have done enough. Asking for money is not a route I would follow for this type of image as the article (from what you note) didn't seem like a commercial advert? She just used an image you sent and by sending it maybe she thought she could use it?!

A credit would have been nice but learn from it and if you send them on again, say they can use the images only if you get a credit.....

[PhotosGuy]

...perhaps your friend didn't realise she needed further consent? probably the case & I wouldn't do more than tell her to ask first next time. And don't "give away" images without a © notice on them next time.

[Sledhed]

I could care less about the credit line too, nobody reads them except for you mama. I agree your friend probably didn't realize she needed further permission, but the paper knows that and they should have asked where the picture came from.

About a month ago a local paper was running an athlete of the week story, the parent submitted a photo which they purchased from me. Paper told parents we can't run without the photographers permission, the paper contacted me and paid my price. The paper knows better than to run it without asking about the source.

[Stefan A]

I don't like to ruin pictures that I place on the web with a copyright mark or a watermark, but I guess I might have to start doing that. So are you saying that even if I have copyright embedded in the image, that's not good enough?

The person who submitted the article to the paper has e-mailed me several times already this morning and apologized for her mistake. Basically she says that she is used to getting photos from people who don't specify and don't care about money/credit. So she just assumed that this would be OK. She has since sent a message to the paper regarding this. And she has already updated 2 websites where my photo appeared. So I consider it case closed and I hopefully educated somebody in the matter.

The newspaper is a different story. Perhaps they assumed the photo was hers and didn't ask. It's a small town sort of paper and I guess they figure people don't care. Looking through the paper, no pictures have a credit. I don't know if I should push the issue with them. But I don't think pushing for money is nesessary.

I understand what you guys are saying about a credit not putting bread on the table. As a hobbyist, I don't need to worry about that. I just like to be appreciated for my photos if they are used. I guess it's ego.

Stefan

[20droger]

Stefan,

I agree that money is not really the issue, and your friend erred in innocence.

The paper, however, IS a business, and they DID make money from your picture (as they do from every word and picture published). The paper should know better, small town paper or not, and they should pay.

To put it bluntly, no business should be allowed to profit by ripping people off.

[marcus769]

Good info/ lesson learned!

[J Rabin]

Some of these posts appear naive, at least to me. Most local newspapers, and even AP, do NOT pay for editorial only use of images, especially if your image is supporting a local community event story and raising public service awareness.
They would not be sending a staff photog to cover these community events anyway, so the way they acquire photos is by seeking editorial use permission from people. Also, papers and wire services are EXTREMELY careful, in my experience, to use the image editorially, but NOT offer it for sale to others.
As long as your image is used for editorial purposes, and the image not sold, they owe you nothing, and should owe you nothing. Be happy and proud your image is used to support a local interest story. It's not a political rally or a massive car wreck.
Frankly, I am surprised they used a low rez web post.

The errors here were at least twofold:
1st. You did not embed your © in IPTC metadata field when you imported your images from camera or before putting them on your site. Make that part of your workflow, first. Or you did, but mistakenly stripped metadata out. The paper would have seen your © ASAP when viewing in something like Photo Mechanic, which most use.
2nd. Your acquaintance supplied the images as theirs and the paper did not ask them, "Are you the person who took this photo?"

For most local human community interest stuff, I embed "Editorial use, with permission" in IPTC Instructions and Use Rights Fields. It's there for editors to see and call. I have two images being used this coming Monday for an AP story (that I think will be wire service) that I did not even ask to charge for. AP was clear they wanted ediorial use rights only permission, not sale.

That's my take. Jack

[IndyJeff]

Some of these posts appear naive, at least to me. Most local newspapers, and even AP, do NOT pay for editorial only use of images, especially if your image is supporting a local community event story and raising public service awareness.
They would not be sending a staff photog to cover these community events anyway, so the way they acquire photos is by seeking editorial use permission from people. Also, papers and wire services are EXTREMELY careful, in my experience, to use the image editorially, but NOT offer it for sale to others.
As long as your image is used for editorial purposes, and the image not sold, they owe you nothing, and should owe you nothing.

Bullshirt, AP pays for "editorial use" images every freakin week of the day. I can't see AP having any interest in a local musical and photos of the event. Local people cover local events, AP and other wire services want images that would have a national or world wide interest and a local musical probably won't be in that list, unless of course someone of notable stature is involved.

For most local human community interest stuff, I embed "Editorial use, with permission" in IPTC Instructions and Use Rights Fields. It's there for editors to see and call. I have two images being used this coming Monday for an AP story (that I think will be wire service) that I did not even ask to charge for. AP was clear they wanted ediorial use rights only permission, not sale.

AP found someone who would give them the image for free so why should they offer to pay for it? Also check your paper work, you probably don't hold any copyright to that image any longer either. It now most likely belongs to AP.

That's my take. Jack

And thats my take, Jack

[PhotosGuy]

The paper, however, IS a business, and they DID make money from your picture (as they do from every word and picture published). The paper should know better, small town paper or not, and they should pay. I think any image can be used for editorial or educational publications without regard to the ©. It's a courtesy if/when they credit it.
AP & others pay for it so that they can get the images that pros don't put online.

[bbulldog]

There was another post on the same sort of lines.

Your complaint would be against the person that gave up the picture to the newspaper, i mean what if the newspaper asked and she said yes you can use it, the newspaper then assumed it was her picture.

It sounds like this is not a big newspaper and probably din't make a fortune on your picture, was probably only a minute part of the complete paper nd probably not more were sold due to the picture being in it.

I would in future make sure that anyone getting a link would be notified that if any pictures are published then a credit should also be added.

maybe a subtle talk to the newspaper saying it was really your photo and take it from there, maybe you can send them photos in the future and get paid for them ;)

[Stefan A]

Actually, they may have sold papers just because of the picture. There are a lot of high school kids in the picture and their parents would probably be excited to have their kid's picture in the paper. So they may buy it for a scrapbook or something.

Stefan

[asysin2leads]

probably the case & I wouldn't do more than tell her to ask first next time. And don't "give away" images without a © notice on them next time.

Good advice.