Local Paper using my photos without credit

[pdrow]

Hello,
I opened the arts section of the local paper today to see two of my photos printed in the paper. The credit says "courtesy photo." I was very excited to see my pictures in print, one of them is a nice, large, full-color shot, but very disappointed to not have my namew on them. They were on the webiste for a local children's theater but they give me credit on the page.

A few weeks ago, I received a call from the theater president asking for an image for the paper. They had seen it on my website and wanted it. I agreed, took it to them and received credit. A couple of weeks later, my son's swim team won the district championship. I took a photo down and again received photo credit. Two weeks later, the paper called and wanted photos off my site again for the swim team. I sent them files via email. They printed the photos with only courtesy photo printed under it. I didn't say anything as it was more about my son and his friend and being about them- not the photographer.

Today was different. They did not call or ask permission. The photos are posted on the theater website and supposedly downloaded from there. I am the unofficial photographer for the theater. I take photos during the performances and parents purchase them from me at a very reasonable rate. I allow the theater to use several from each performance for publicity on their site. I would have been happy for the paper to use my photos had they given me credit. I live in an area with a large number of very good photographers. I wanted to find my own niche, and as no one was doing event style photgraphy, I thought this would be a great place for me.

Should I call the paper and ask them to please call me and to please give me credit for any additional photos used? I want to handle it well as I would like to have a good relationship with the paper. I don't expect to be paid, but I would like for credit to be given where it is due.

Should I just let it go?

pam

[defordphoto]

You definitely need to contact them. They are taking advantage of you. And fax them a price list of what future photos will cost them. You're giving the photos to them for free aren't you?

[pdrow]

Yes, I am giving them for free. The swim team and the children's theater get minimal coverage. The kids like being in the paper. I really don't mind them using them, if they will just give me credit. They give all of their staff photographers credit and they get paid, too. I thought this would be a good way to get my name out without paying for ads.

[Conk]

I agree with Jim. I would go right to the top. No secretary. Explain your position and that as a newpaper they should know better.

[defordphoto]

Remember: They have broken the law. You have all the cards. They do not have a leg to stand on. I'd speak to the Editor.

Unfortunately this is yet another example of what happens to people that work for "credits only." You always end up getting ripped off.

[RichardtheSane]

If you don't get any joy send them an invoice for using your images without credit or permission.

It seems like they have got used to you saying yeas and have taken you for granted. Their mistake.

[Mike Panic]

its one thing if you are donating images to the paper... when they start to use your photos w/out your permission that are taken directly from a website, they have broken the law. call and only talk to the photo editor or the editor in chief. do not talk w/ anyone else about this... no matter how they try to route you thru the system. if you start to have problems, make an appoitment and speak in person.

explain the situation - that you have had work published by them in the past that you have provided to them, but they do not have any right nor any freedoms to just take your work when they see fit from websites, yours or others, and publish it. demand (in a professional way) that you be paid for the usage rights of the photo AND have a retraction posted in the paper stating that it was your photo used in the article on this and that date.

not sure what you should be demanding for a price? use this http://www.iphotoforum.com/forum/viewtopic.php?t=3754 as your guideline

[IndyJeff]

When you give your work away for free, the client comes to expect it and takes advantage. Unless you have the images registered, you don't have a leg to stand on really and they know that. No IP attorney is even going to think about taking the case.
Besides, you have already set a precedent that your are willing to give away your work. Even if you take them to small claims court, without a registered copyright you are only entitled to the amount they would have normally paid to publish that photo. What is their normal rate of pay for submissions? $15-$25? Not worth the trouble or time it will take you to file and go to court over. Sounds like you have lost before you even begin.


Your on a fine line here, I realize. On one hand your getting pub for the theater group so you can't afford to pis* off the paper. If the paper gets mad and refuses to include anymore shots from the theater and the theater manager asks why they aren't putting in any pictures anymore, the answer he will get is because of you. Now who is he going to be mad at? The editor at the paper or you? How many more times will they ask you to shoot their productions? My guess about none.


My suggestion would be to contact the editor and ask why they lifted the images from my website without permission? Also ask why your not getting any photo credit. Don't hold out any hope of getting paid in the future either. They already know your price.....FREE !!!!

[Bruce Hamilton]

Don't hold out any hope of getting paid in the future either. They already know your price.....FREE !!!!

She's aleady stated that she's not looking to be paid, she just wants to be given proper credit for it. A single line under a photo stating "Courtesy of ..." is only a few keystrokes, and expecting it to be there isn't an unreasonable request.

[RockSlut]

Before you go to the paper, perhaps check with the theatre/theatre webmaster.

The paper may have been given permission (in error) by the someone associated with the theatre group? The newspaper may have even published the photos in goo faith after being provided the photo/s by someone from the theatre group.

In this case, I'd ask questions first, then shoot.

[Avalonthas]

Go to the editor and ask him to make an apology in the editorial section or somewhere, because what they did was illegal.

[defordphoto]

Before you go to the paper, perhaps check with the theatre/theatre webmaster.

The paper may have been given permission (in error) by the someone associated with the theatre group? The newspaper may have even published the photos in goo faith after being provided the photo/s by someone from the theatre group.


That's just as illegal. The theater has no rights to the photos, unless pdrow gave that up too.

[Mike Panic]

That's just as illegal. The theater has no rights to the photos, unless pdrow gave that up too.

your right... but most people who are not photographers do not know what rights are and are not associated w/ them...

[vwpilot]

Now, I agree that what they did was wrong and I dont condone it at all.

But, why the hell should they have thought anything less? You have given them stuff for free every time they have asked, why would they have expected anything different this time?

I hate to say it, but you have only brought this on yourself. People take a lesson from this, you gain NOTHING from giving stuff away for credits and bylines. What good has that done you? Has anyone that paid you something actually said that they saw your byline and made the decision to buy from you? I doubt it, I have never had a photo credit get me business.

In this case, stand up for your rights, demand PAYMENT for the photo and stop giving stuff away for free. The only thing it will get you is more problems like this. If the paper wants to use your photos, they are good enough for them to pay you. Does the staff work for free, doubt it, neither should you.

[pdrow]

Hello,
Thanks for all the responses. I was very frustrated when I saw the photos. Since posting it, I sent a very polite note to the theater and requested that in the future all photographs used will be used with my permission and with the consideration of credit from the paper. I realize I will probably have no one call me for photos just because of my name being in the paper, but at the least it would be courteous.

I also sent a very polite note to the head photgrapher at the paper. I intorduced myself and told him that several of my photos had been published in the paper over the last few months. I asked for photo submission guidelines. I told him I wanted to present myself in a professional manner and told him the quality would be better from the originals and not as downloads.

This way, I put the blame on no one. The theater will continue to receive publicity, and no one at the paper will think that the photographer is pmsing because she blew a gasket over some photos.

I know I probably messed up by not charging anyone in the first place, but these were taken in June of 2004, long before I found this forum and the wisdom it contains.

My kids seem to get involved in activities that don't get a lot of publicity like swim team (football rules here) and the arts (football rules here ;) ) I suppose I was a parent first and a photographer second. Everyone likes to see their kid in the news for something good.

Again, thanks for all the input.
Pam

[vwpilot]

My kids seem to get involved in activities that don't get a lot of publicity like swim team (football rules here) and the arts (football rules here ;) ) I suppose I was a parent first and a photographer second. Everyone likes to see their kid in the news for something good.

Again, thanks for all the input.
Pam

I guess I cant argue too much with that, its understandable.

[Groundworxs]

I have not waded through all of the posts her so sorry if this a repeat. You have to decide what it is you want. If you are giving people are ususally too happy to take. I started out a year ago submitting images to the local newspapers for free with the intent of showcasing my work so that I maybe used for paying gigs in the future. I sent about 3-7 per week (most of them graced the cover) for 3 months. when it was time I went in and talked to the editor and said I would like to work out a deal for the use of any further images. The deal should also be reflected in every e-mail "use of this image means the .....blah agrees to and state the dollar figure. I read some people say they have no right well if you have a verbal agreement you have nothing if it is not in writing you can say what you want about it's not fair and when you get to court the judge will ask you for proof.

Approach this not with hostility and anger. Have a game plan if they see that you are serious they will usually treat you that way. Don't go in demanding and crying. And for Gods sake charge them for your work. There is no quicker way to get walked all over than to give it away. An editor can spot someone who is would rather have their picture in the paper than to miss out on that opportunity from a mile away. if your images are that good they will be happy to pay you because you will help to make them look better.

Just for your information the only tag you want to see under your picture is 'Photo your name' anything else tells the photojournalism community that no matter how good a picture that is you got a lucky shot. When you see " photo Bill Smith" that tells you that Bill Smith intended to capture that image in that manner.

Anyway that's my .03 cents (inflation)
keep clickin'
Groundworxs