Rookie mistake...please help.

[wayovrpar]

OK...So I have been on here for almost a year and knew what I was doing was a mistake, but I did it anyway (got caught up in the moment). Last weekend there was an incident within my community that I just happened to get some pictures of. I contacted the local paper and they used one of my images on their website. I didn't request, nor did they offer any compensation (credit was fine with me). Today, 2 days later, I get the email from the photo department that reads...

"Dear XXXXXXXX,
Thank you for your recent submission (described below) to The XXXXXX. Your contribution is greatly appreciated.

By sending this submission to The XXXXXXX, you have represented that you are the author and copyright owner of the submission and/or have all rights necessary to provide this submission to The XXXXXXXX and you have granted The XXXXXXXX an irrevocable, royalty-free license to publish, republish, resell, distribute, copy and edit the submission an unlimited number of times in any print, electronic or other medium.

If you are in agreement with the above terms, please indicate that agreement below and return this form to the following."

I had no intention of making any money from this photo...and I don't think the paper should either. So, help me craft the response, or is it all academic at this point?

[FlyingPhotog]

OK...So I have been on here for almost a year and knew what I was doing was a mistake, but I did it anyway (got caught up in the moment). Last weekend there was an incident within my community that I just happened to get some pictures of. I contacted the local paper and they used one of my images on their website. I didn't request, nor did they offer any compensation (credit was fine with me). Today, 2 days later, I get the email from the photo department that reads...

| Barn | ------------------------------------------------> Horse

Live and learn

[Huskers69]

Did you take the picture of the explosion? If you did, they were some awesome pictures. when you said incident in community, it just made me think of that thread.

[wayovrpar]

Painfully succinct.

[wayovrpar]

Did you take the picture of the explosion? If you did, they were some awesome pictures. when you said incident in community, it just made me think of that thread.

House fire....here http://photography-on-the.net/forum/showthread.php?t=661657

[Huskers69]

yeah, that's the one I was thinking about....I didn't know if it was a gas line explosion or what.

[FlyingPhotog]

Painfully succinct.

Sorry...

Helluva series though.

Under the heading of "Who You Know..." .. You could follow up with the editor and see what kind of an impression you made. Might lead to something else down the road.

[wayovrpar]

Sorry...

Helluva series though.

Under the heading of "Who You Know..." .. You could follow up with the editor and see what kind of an impression you made. Might lead to something else down the road.

Thought of that avenue as well. Best course at this point, I guess. Thanks!

[spotlightkid]

Well, "I had no intention of making any money from this photo..." says it all. Why not? The newspaper sells their product, and they should compensate you (never find the 'credit') and what they are saying to you is "Sorry Bru, you gave us this photo and now we can sell it to any agency we want to" So, in replying to their email as it stands, you are relinquishing all your rights. Make a plan. Oh, join the lads at http://www.demotix.com - let them do the selling for you, if you want to have a wider field for your images.

[wayovrpar]

Well, "I had no intention of making any money from this photo..." says it all. Why not? The newspaper sells their product, and they should compensate you (never find the 'credit') and what they are saying to you is "Sorry Bru, you gave us this photo and now we can sell it to any agency we want to" So, in replying to their email as it stands, you are relinquishing all your rights. Make a plan. Oh, join the lads at http://www.demotix.com - let them do the selling for you, if you want to have a wider field for your images.

Thanks for that link...great site! (Raising right hand) I promise on my POTN honor that I shall not make the same mistake again, so help me Canon.

[tim]

You sent them a photo. You're the owner. You have rights, they have none. The reply i'd use is "you're welcome to publish this image once in the (newspaper name), but you may not resell or license the image. Any additional uses will be charged at $1000 per use for newspapers, $2000 for local magazines, or $5000 for national magazines". Numbers made up on the spot, could be rubbish.

[MJPhotos24]

Amazes me how many people would just agree to that, after I got done laughing at them they'd get a response like Tim's minus the numbers. Hopefully you didn't submit to them using one of those right grab "I-News" scams. They're asking for you to give up rights, don't - EVER! Simply put don't agree to that as IMHO opinion they're looking for a sucker and it won't help you in the long run anyways. Much better to have a professional response to them to help anything in the future with them.

As mentioned the paper has already made money from the image, they're selling papers and you got nothing for it. You really should have gotten a stringer fee, every paper has one that they pay stringers (freelancers) for images.

[wayovrpar]

Thanks MJ. I think I will politely decline their offer to give up the rights to the photo. Out of curiosity, what is a range that a freelancer would see for an image posted on the paper's website? Just a ballpark figure....

[Floriantrojer.com]

You sent them a photo. You're the owner. You have rights, they have none.

Absolutely agree!!! Don't buy into their response, as long as you didn't agree to some kind of terms and conditions proposed to you, there's no way you lost your rights.

Better make clear to them that you're aware of that, and keep an eye on further use of the photo.

[sspellman]

You are not the only rookie here. The grant of the license was not part of the process of submitting the photo, and not done prior to publication-the paper's mistake. Therefore-there is no benefit to you to sign at all.

You don't have to do anything. In the future, submit pictures only to be considered for publication with a watermark. Clearly state that use requires a license agreement. BTW, single picture use in a local newspaper is not a goldmine-prices are typically $10-50.

-Scott

[form]

I do not understand...where is the bad news?

[wayovrpar]

There really isn't any bad news, just some questions about how I can better protect myself. Thanks to all who have replied.

[MJPhotos24]

It ranges from $10-150 in print depending on the paper, on the web is usually the same or less - though personally believe it should be the same as most newspapers are turning to the web to save them right now.

[Tarzanman]

There was a really good guide for newbies decided what to charge for photos online... it was UK based (so you had to convert £ to $), but it took photo size, medium & circulation into account.

I used it when I sold a photo. The only problem is that I did this before people newspapers started going under en masse!

[turbo212003]

This is why I NEVER submit my photos to newspapers/contests. They're out to grab rights and that's not cool with me.

[holland_patrick]

Yep you man a mistake... But heck you have a photo in the paper....and maybe an in to a freelance job.


But trust me freelance is not all fires and accidents

[LBaldwin]

To the OP don't worry this has been happening for years. I shot a plane crash once and took the images to the local fishwrap, and they loved them. Wanted them for an above the fold color front page. I was giddy. I asked the prevailing rate (knowing for papers it was less than a good cheesburger) and was quoted 25 bux. I agreed, one time rights. The next day Sunday it appeared and I was very proud. WhenI went to p/u my chromes, they wanted to take the processing out of my fees and wanted me to turn over the rights or no payment.

I was just starting with EP at they time and called out the editor ( and NPPA member) publicly) I got my chromes back but never saw the 25 bux....tried for months.

Now newspapers are falling off the table, folks are being termed faster than just about any other business, they are being eaten by those that they shafted. So if I seem a little jaded...

[wayovrpar]

**********UPDATE***************

Here is the email response I sent them. Thanks to all who have responded to the original post.


"Dear XXXXX
Thanks to you and your paper for displaying my photo on your paper's website. This is a first for me. I will not, however, sign over the rights to this photo for your paper to us as you please. So, I decline to grant you permission for future use at this time. Should you wish to use this image in the future, I am confident that a mutually beneficial arrangement can be made. I look forward to seeing more of my photos published in your paper in the future. Please feel free to contact me at any time."

We'll see where that goes. Again, thanks to all.