Copyright Problem

[unforgettablefaces]

I've been photographing the sale and trophy pictures for my local county fair for the last two years. The county pays me per photograph and then they give the pictures to the kids (one goes to the buyer of the animal and they get to keep one). Last year after I photographed the fair the local newspaper wanted (pretty much demanded) copies of all of the grand champion animals so they could publish them in the newspaper. I called my contact at the county and she said it was pretty typical for the photographer to give them the pictures, so I gave them copies and permission to print for their fair wrap-up section. Not my favorite thing, but I live in a small town and don't want to look like the jerk.

Here's where the problem starts. I'm at the county fair today taking my pictures. I happen to glance at a paper one of the parents of the kid I'm taking pictures of has in her hand. It's an advertisement for the kids to take out ads in the local newspaper thanking their buyer by using their sale photos and printing them in the newspaper. On the ad there is one of my pictures (no credit given). Problem #1, they never had permission to print my pictures again, especially not in an ad, they are stealing my picture for them to make money... Problem #2, they are advertising for the kids to use the pictures I have taken for the ad, yet again using my pictures without my permission or payment. Last year they printed many of my pictures without giving me credit or having my permission to do so in various forms after the fair. I never really got angry, but I did say something to the editor at the time and they knew I wasn't going to stand for it.

I know this year they are going to be asking for the pictures again, and I really don't want to give them away right now especially since they have been using my pictures incorrectly. What would you do? Have I given up my right to copyright by the kids having a copy of the photo? Can they use them in an advertisement in the newspaper? I don't want to make any enemies, and I don't want to look like the jerk that won't let the kids use my pictures for the paper, but I feel like they're totally out of line. Sorry to ramble, but I'm at a loss.

Thanks

[Dennis_Hammer]

You have given up no rights at all. Tell the paper you will not be supplying the pictures without a written agreement that they will not be using them for anything but editorial and one time only. And that if they wanted to use the for ads you could discuss the fees for that usage. Also tell them that since you are being a nice guy your not going to pursue their misuse of your previous pictures if they stop now.

[sfaust]

Ditto what Dennis said. I would even consider charging them for use which is customary for all newspapers. They need to have their attitude adjusted and understand they aren't entitled to free images. Its a favor the photographer is extending, and should be appreciated as such.

Maybe just not supplying the images to them at all this year would do the adjustment! Although, if they have clout with the county, that might put you in a hot seat with them. You need to walk a fine line, and polish up your political skills. Talk to your contacts in the county and see where they stand on the issue.

[basroil]

Without a model release form both you and the paper could have been in big trouble, especially if the "models" are minors. This year just tell them a one time use will cost them x, and it is strictly for a one time editorial use. I would send a bill to the advertiser for the amount that they would normally have to pay, just so they know they did something wrong. You don't have to, but it may help solve problems down the road.

All I know is, you aren't going to have a good time if you do want business now, they will always expect free photos because you provided them once.

[sfaust]

Without a model release form both you and the paper could have been in big trouble, especially if the "models" are minors.

The photographer never authorized any use for advertising, that was the a decision made by the newspaper. They would bear the brunt of the legal issue. But that doesn't mean the photographer can't get dragged into the fray either.

In fact, it would make sense for the photographer to send the newspaper a quick memo stating they did not authorize the use of the images for anything other than one time editorial, use just to cover his behind. I doubt anything would become of it, but all it takes is one person with the desire to pursue it and think they see a jackpot at the end.

Good point basroil.