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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 25 Jan 2014 (Saturday) 19:13
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Charging a magazine after the fact

 
Reibs
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Jan 25, 2014 19:13 |  #1

My wife and I take photos of police motorcycle officers in their competitions (cone courses) mainly as a thank you to the officers. We provide a service for the officers to buy photos for their personal use at a discounted rate (cost plus $.50print) . I even print some and donate the prints for charity (ie 13x20 print). Today we found out that one of photos is on the cover of a national police management magazine. They have not contacted me, our company, nor have they recognized our business in the mag. What would you do in this circumstance? Im really ticked off.




  
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gonzogolf
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Jan 25, 2014 19:23 |  #2

The first thing you need to do is swallow some of that anger. Being angry isn't going to help your case going forward. if you come off angry it will come back to haunt you in a tight community. The chances are one of your clients proved the image not understanding that personal use and reproduction rights are different. You should contact the magazine and explain that they used your photo without authorization and be prepared to negotiate a settlement. Have a price in mind that will satisfy you.




  
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mattertea
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Jan 25, 2014 19:23 |  #3

lawyer up!

Edit- that was sarcasm. ..



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Hogloff
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Jan 25, 2014 20:35 |  #4
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mattertea wrote in post #16636741 (external link)
lawyer up!

Really? Spend $500 to get back $250?




  
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Old ­ Coot
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Jan 25, 2014 20:40 |  #5

Hogloff wrote in post #16636880 (external link)
Really? Spend $500 to get back $250?

Only $250? I figured a mag cover would get closer to $1000.


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tcphoto1
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Jan 25, 2014 22:17 |  #6

I would contact them and introduce myself as the photographer who created the images. Ask how they obtained the image and tell them that the print was for personal use only. They will surely offer to compensate you for it's use. Perhaps $1K to $1500 depending on the circulation. I'd do a little homework and find out what their ad rates are before I came up with a figure.


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OhLook
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Jan 25, 2014 22:26 |  #7

It's best to explain to clients in advance what they can and cannot do with your images. People who aren't involved with photography, publishing, or law don't know these things.


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bps
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Jan 26, 2014 05:58 |  #8

Old Coot wrote in post #16636888 (external link)
Only $250? I figured a mag cover would get closer to $1000.

Not for a small specialty mag that likely has a circulation of less then 30K people. $250 is around the going rate.

Bryan


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Ralph ­ Merlino
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Jan 26, 2014 07:31 as a reply to  @ bps's post |  #9

bps is right on target. Small circulation magazines
do not have a large buget. I have sold covers for
$2000.00 and I have also sold covers for $125.00




  
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gslabbert5119
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Jan 26, 2014 08:51 |  #10

I am not a lawyer, but how much they pay for a cover photo that is legitimately purchased is immaterial here.
If you have gone to the trouble of registering your images with the Library of Congress which is $35 per submission (not $35.00 per image) would would have the basis of a healthy lawsuit.

Basically they are screwed and it depends on how nicely you want to play the game, you could have a lawyer write them a letter with an attached invoice of 25 x their standard payment amount as they have used your image without authority.

This may be an interesting read which legally sets a very nice precedent for photographers.
"Photographer wins $1.2 Million lawsuit over Images taken from Twitter"
http://mashable.com …ographer-lawsuit-twitter/ (external link)


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OhLook
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Jan 26, 2014 10:53 |  #11

Reibs wrote in post #16636719 (external link)
My wife and I take photos of police motorcycle officers . . . mainly as a thank you to the officers. We provide a service for the officers to buy photos for their personal use at a discounted rate (cost plus $.50print) . I even print some and donate the prints for charity (ie 13x20 print). Today we found out that one of photos is on the cover of a national police management magazine.

Some of these officers probably feel loyal to the magazine, which is more or less a trade journal for them. They may know staff members personally. Suing would risk ruining the rapport you have with this group as a result of your volunteer service to their community. The one who sent in your photo may have believed that he or she was extending that service. I think suing is a bad idea in this case. The magazine editor should have known better, but . . . now look again at gonzogolf's post. If you approach the magazine with outrage because your rights were violated, word will get around.


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gslabbert5119
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Jan 26, 2014 11:06 |  #12

You have to decide if you want to place nice or if you want to use the law. Frankly someone uses my images and I catch them I am going to sue the hell out of them but then that is just me.
Think about this ...
if you committed a crime, do you think that those very same officers would cut you a break?
I think not !!

You need to separate business and emotion .


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gonzogolf
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Jan 26, 2014 11:14 |  #13

I don't understand the rush to sue here. There are methods to get fair compensation without filing suit or potentially destroying some relationships. If being reasonable doesn't work then you can get litigious.




  
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gslabbert5119
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Jan 26, 2014 11:56 |  #14

What I said GonzoGolf, is that Reibs needs to decide ... see the included quote.

gslabbert5119 wrote in post #16638272 (external link)
You have to decide if you want to place nice or if you want to use the law.

I am not advocating "sue" but experience has shown me that over 95% of violators seem to think that they have free reign on imagery and believe that they can simply use it. I have only ever had one person write me a check after using an image of mine without consent, the rest I had to file against.


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gonzogolf
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Jan 26, 2014 12:01 |  #15

gslabbert5119 wrote in post #16638382 (external link)
What I said GonzoGolf, is that Reibs needs to decide ... see the included quote.


I am not advocating "sue" but experience has shown me that over 95% of violators seem to think that they have free reign on imagery and believe that they can simply use it. I have only ever had one person write me a check after using an image of mine without consent, the rest I had to file against.

And my response was that it's incremental. Be nice until its in your best interest not to be. Its especially important when this will likely splash back on a client and could spoil relationships that might be important.




  
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Charging a magazine after the fact
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