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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 03 Sep 2013 (Tuesday) 14:56
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Give photos as a gift, they and up in a magazine

 
jwhite65
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Sep 06, 2013 08:19 |  #46

What would suck is if the magazine paid the friend for the photos...


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Fester
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Sep 06, 2013 08:25 |  #47

So the way I read it. Don't hate the paparazi, hate the magazines for buying the photos!
But thats like a new thread....




  
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the ­ flying ­ moose
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Sep 06, 2013 11:08 |  #48

cdifoto wrote in post #16272556 (external link)
All true, but of course OP would have to be willing to pull a dick move and take the friend to court.

Well if the friend sold the photos that were a gift, then the friend has pulled the first dick move.




  
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OhLook
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Sep 06, 2013 12:09 |  #49

the flying moose wrote in post #16273270 (external link)
Well if the friend sold the photos that were a gift, then the friend has pulled the first dick move.

The friend might not have understood the situation. Most people don't distinguish between a physical object and the intellectual-property rights that, in theory, travel with it.


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Luckless
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Sep 06, 2013 12:38 |  #50

Why would you sue the friend? Is the friend the person who ran photos in a magazine without first checking on rights?

And why would you sue anyone? There was a misunderstanding, the copyright owner would like to be suitably compensated for his work and effort that the magazine benefited from. Really doesn't have to start off as a horribly complex issue.


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stillinamerica
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Sep 07, 2013 13:07 |  #51

Some good responses and especially from the OP. he learned his lesson.

But Thomas has good points. The magazine has its own responsibility and OP can request compensation.

I actually think the friend would probably agree and not have any problem with this. The issue is between the OP and the magazine. The friend is out of the loop, unless he sold them to the magazine, that would be awkward, but still the magazine knows what it should do.


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stillinamerica
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Sep 07, 2013 13:10 |  #52

[QUOTE=Luckless;162684​28]

Acetoolguy wrote in post #16268365 (external link)
Every bit of copyright law I've ever seen before has been rather clear that things like copyright transfers require fairly formalized documentations. Just because you give copies of the photos does not mean you've also given the rights to said photos as well.

I say send an invoice to the magazine for usage, along with your contact info. Write a polite letter, apologize for the confusion, and include some questions about possibly working with them again in the future.

At best you get paid and the magazine sends some work your way. At worst you make things awkward with a friend for awhile.

You don't need to involve lawyers to deal with copyright violations, and you don't need to run head first into a fight to the death with them either.


DO NOT apologize for any confusion. You, the OP are not confused. In fact you are very clear in what happened. Let them apologize to you, then pay you.


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Luckless
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Sep 07, 2013 14:33 |  #53

stillinamerica wrote in post #16276461 (external link)
DO NOT apologize for any confusion. You, the OP are not confused. In fact you are very clear in what happened. Let them apologize to you, then pay you.

Yes, because acting like a jerk makes people oh so happy to go along and not only give you an easy time but help ensure you get what you want/deserve.


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stillinamerica
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Sep 07, 2013 16:56 |  #54

What about not apologizing for something you didn't do makes you a jerk???? Confused on that one.
Apologizing in this situation admits error. Think about things in context.


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rx7speed
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Sep 08, 2013 01:33 |  #55

Luckless wrote in post #16276605 (external link)
Yes, because acting like a jerk makes people oh so happy to go along and not only give you an easy time but help ensure you get what you want/deserve.

I would guess that the magazine knows what they did and knows the legality of it. If that is the case is it really the OP's job to applogize to them?


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Luxornv
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Sep 08, 2013 03:34 |  #56

Here's a similar example. Say you get something fairly expensive as a gift and for some reason decide to sell it. Is the person who gave it to you entitled to a commission on it? By the logic set forth in this thread, then yes.

In real life, I would say no. I would say that informal rules of being polite though say the actor should have asked permission to submit those to the magazine or what kind of compensation to ask for.


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rx7speed
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Sep 08, 2013 10:40 |  #57

My own opinion is little in this has to really do with the actor friend. To me it isn't about this being given as a gift, or an issue really of any sort with the friend.

The magazine on the other side. A company that by all means should know about copyright and the rules of posting other peoples works should of known and they should of denied taking the images and publishing them unless they worked out a deal with the photog. It seems that they had some idea who the photographer was as they did put a credit up for him, but they should still go forth and contact the photographer to work out a deal for the work. They are the ones who published hte images, they are the ones who are now going to make money on the photographers work, they are the ones who are mass distributing his work. The problem lies with them, not the friend that the 'tog gave the photos to.


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Sep 08, 2013 11:26 |  #58

Luxornv wrote in post #16277989 (external link)
Here's a similar example. Say you get something fairly expensive as a gift and for some reason decide to sell it. Is the person who gave it to you entitled to a commission on it? By the logic set forth in this thread, then yes.

There's a big difference. The "something" in the OP's case is intellectual property. It comes with a copyright. The OP's friend didn't just sell or give away a thing, although he may have thought that was what he was doing.


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Sep 08, 2013 12:47 |  #59

rx7speed wrote in post #16277871 (external link)
I would guess that the magazine knows what they did and knows the legality of it. If that is the case is it really the OP's job to applogize to them?

No, it isn't his job to apologize, but starting off with that tone greatly helps to lower everyone's defensiveness and increases a person's desire to side with you. The goal is to get paid, not win a battle and make enemies.


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Sep 10, 2013 06:28 |  #60

Whenever I provide digital image files either given or sold, I always include them in a delivery memo that has text similar to this: These images, or copies thereof may not be sold by you, gifted, bartered, or provided to others in trade or in exchange for goods or for services under the terms of this license. Your use of these images is non-exclusive, IE the photographer reserves the right to sell these photos to others provided they will not be used to compete with products sold or made by.......


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