Stolen images used commercially and where to go from here

[Tony.Ibarra]

here's the email I drafted and plan on sending to the SID. Let me know if you would make any changes to it:

To Whom it May Concern:

My name is Anthony Ibarra. I photograph as a freelancer for the Daily 49'er and have noticed that several of what I believe to be my images have been included in the most recent version of the Beach Mail article. I have not been contacted for, nor have I given permission to longbeachstate.com to use these images. I understand that the Athletic Department has contracted the services of another photographer and Stephen and I have captured similar images on many occasions. However, these images in the most recent Beach Mail article are, without question, my copyrighted property. I would greatly appreciate your professional courtesy in contacting me for written consent to use my photographs in any commercial capacity. I would be happy to come to an agreement that both the school and myself found mutually beneficial, however, I will not stand idly by as my intellectually property is stripped from the web and reused.


Sincerely,
Anthony Ibarra

[DDCSD]

Slightly off-topic, but that huge Carrot Top head cutout in the top free throw shot is hilarious.

[Croasdail]

Do you know that these images were "stripped from the web" as you say, and not emailed or provided on a shared directory made available to the athletics department?

[Big K]

I think if you have any desire to continue freelancing for the Daily 49er you should be first asking this question of Starr Belmer or Bradley Zint before you burn all your bridges. However, since you did not answer my question regarding what terms the 49er has regarding use and reuse of images and since you do not understand commercial vs editorial usage, it appears to me you really don't care what people say here and are hellbent on making this a major issue.

If you are going to send that letter, at least fix "intellectually property" in the last sentence.

While I admire your pursuit of protecting your copyright I think you are handling it in a totally inappropriate way.

Good luck.

[Tony.Ibarra]

Originally Posted by Croasdail

Do you know that these images were "stripped from the web" as you say, and not emailed or provided on a shared directory made available to the athletics department?

I spoke to the sports editor and layout directors who I submit my photos to. Neither of them have put anything into any directory, and they're the only two at the publication with access to them. That, and the photos I give them still have EXIF in tact, so they can see my copyrights on the photo they have, so if they chose to re-run the shot as stock, they have my name on it for credit.

[Tony.Ibarra]

Originally Posted by Big K

I think if you have any desire to continue freelancing for the Daily 49er you should be first asking this question of Starr Belmer or Bradley Zint before you burn all your bridges. However, since you did not answer my question regarding what terms the 49er has regarding use and reuse of images and since you do not understand commercial vs editorial usage, it appears to me you really don't care what people say here and are hellbent on making this a major issue.

If you are going to send that letter, at least fix "intellectually property" in the last sentence.

While I admire your pursuit of protecting your copyright I think you are handling it in a totally inappropriate way.

Good luck.

The email was what I drafted yesterday, when I first found out about this. The reason I posted it was because I plan on changing it based on the feedback from here. Do I even have anything worth pursuing? Is there a likelihood that they would just blow me off and continue to get them from the newspaper webpage? I'm not sure, and this is why I want to hear what everyone here thinks about it.

[Croasdail]

Just send a note saying you want to meet and discuss working together, seeing how they like you images. Stay friendly... it will get you a lot farther.... really

[Big K]

Originally Posted by Tony.Ibarra

The email was what I drafted yesterday, when I first found out about this. The reason I posted it was because I plan on changing it based on the feedback from here. Do I even have anything worth pursuing? Is there a likelihood that they would just blow me off and continue to get them from the newspaper webpage? I'm not sure, and this is why I want to hear what everyone here thinks about it.

It is worth pursuing. Protecting your copyright is always a tough thing to do and even tougher in the age of electronic medium. While it may not end the way you want, it will definitely not stop if you do nothing.

My only concern would be just not burning any bridges with your newspaper gig. They should be fully behind you and support your position as they should know better than anyone the importance of copyright protection. However, sometimes those who should be fighting don't for a variety of reasons. You might even consider asking them to talk to the athletics dept. since it was the newspaper that also had their content swiped without permission.

I do wish you the best of luck and hope it turns out positively for you.

[MJPhotos24]

The others have already given good info - it's not commercial usage, it's editorial. Have you asked who publishes the 49er if there is an agreement between the two entities because looking at the website there's photos from Stephen online right now saying courtesy the athletic department. Sports editor and layout director simply might not know and if I were you I'd be asking Joanne it looks like. They may have an agreement, I know when I shot limited for my old college newspaper they could pretty much do anything - send it to the athletic department, press releases, etc. I didn't get the film back (yea, yea, FILM) and haven't seen it since I shot it and will bet any amount they didn't keep files of who took them.

I've had this situation happen numerous times, and always simply ask where they got the photos from if I know the team/paper didn't hand them over. Always check with the main source, top of the latter first.

Also, that email reads very poorly IMHO and needs a total overhaul.

[JDCPA]

Your email is contradictory in regard as to whether they are your images or not.

In the beginning you state that you believe that the images are yours.

Later on you state the images are yours without question.

You need to be consistent.

However, I agree with the others, find out the relationship with the paper and the athletic department and never go forward without the consent of your superiors to back you up. Otherwise the athletic department won't be using your images because you won't have any.

[jacuff]

Originally Posted by Big K

What are the standard terms from the newspaper? Many have terms that they can use, reuse and redistribute for editorial purposes as they see fit.

Originally Posted by Big K

Which is why I posed the question about what terms the paper has in regards to use and reuse of photos provided to them.

Originally Posted by Big K

However, since you did not answer my question regarding what terms the 49er has regarding use and reuse of images...

While I admire your pursuit of protecting your copyright I think you are handling it in a totally inappropriate way.

So did he ever answer your answer on what the terms were?

What most people that don't regularly submit to newspapers realize is that they often have a blanket clause that says you grant them a perpetual royalty free license to use an image editorially or that those images were created under a "Work Made For Hire" and thus the paper owns the copyright. To get around those standard terms, you have to have a separate contract that states different terms. Sounds like the OP doesn't know the terms under which he was shooting under.

[jacuff]

Unless he's got a separate contract... this looks like it applies to the OP:

you hereby agree that: (a) you specifically authorize the Site, MTVU, the Parent Companies and their Affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature;

[Tony.Ibarra]

I am shooting as an individual, who is retaining all copyrights and granting editorial rights for web and print use to the newspaper. There is no agreement between the paper and the athletic dept to share images or editorial materials (articles, etc.)

[Mike R]

Try to use their "mistake" to your advantage. They liked your shots enough to use them over ones from their own photographer so get them to hire you.

[SPORTshot]

There is some good advice being given to you Tony. Are you even interested in shooting for the athletic department ? If you are, do you think they would be open to working with you after you send an email like that to them ? If you're not interested, send the SID an invoice for the use of your photo's and attach a quick note that you would be more than happy to allow the athletic department to use your photo's in the future (for however much you wish to charge them).