Magazine did not credit my photos

I supply photos to a particular article writer. There is a stipulation in his submissions to his magazines that the photos I have supplied must be credited to me.

So the magazine came out and and credited the photos to the writer. This is not the first time this magazine has forgotten to credit me. Ironically my name is imbedded in a separate image which is a painting...so, they were fully aware that I was involved both in the stipulations of the article submission and had to have seen the watermark in the painting. I have to assume that someone got confused at the last second and forgot I supplied the photographs despite what the author put in the email.

How to handle this? The magazine only comes out twice a year so there is no way to rectify the error publicly in a timely manner. The writer and I have worked together in the past but he is considering terminating his relationship with this magazine over their general sloppiness in editing his writings in the past...what they did in robbing me of my credits is also factoring into this.

Any advice on what to do about this would be appreciated.

Only photographers look at the credits, no one else cares. Work for payment not for credits

Do you have a written agreement/contract?

You need to decide how much working for this writer/publication is worth to you.

You could point it out, or the next time they ask you, you could say "I'm sorry, but in the last issue you failed to hold up your end of the bargain, so I will no longer be able to work for credit only."

12months wrote in post #17140626
I supply photos to a particular article writer. There is a stipulation in his submissions to his magazines that the photos I have supplied must be credited to me.

So the magazine came out and and credited the photos to the writer. This is not the first time this magazine has forgotten to credit me. Ironically my name is imbedded in a separate image which is a painting...so, they were fully aware that I was involved both in the stipulations of the article submission and had to have seen the watermark in the painting. I have to assume that someone got confused at the last second and forgot I supplied the photographs despite what the author put in the email.

How to handle this? The magazine only comes out twice a year so there is no way to rectify the error publicly in a timely manner. The writer and I have worked together in the past but he is considering terminating his relationship with this magazine over their general sloppiness in editing his writings in the past...what they did in robbing me of my credits is also factoring into this.

Any advice on what to do about this would be appreciated.

...as has been mentioned, not being credited means nothing in the real world. It is something you could pursue but the most you could expect is a retraction in the next issue.

And you make a whole lot of assumptions that aren't really warranted. There is an old cliche saying that "when you assume you make an ass out of u and me." Just because "name is imbedded in a separate image" doesn't mean "they were fully aware that you were involved." If you really don't want them to mess up again, don't rely on a third party to submit your images. Do it yourself, and be clear on attribution requirements.

As to what to do? Send them email notifying they got the credits wrong and ask for it to be corrected in the next issue.

Gary Evans: You are incorrect. Editors look at names and when they see them often enough they remember them. This is how I started to get paid work- by having an arrangement with a writer that supersedes anything with a magazine.
However, I can't physically take the magazine and show it around when my name isn't there!


The issue is NOT with the writer- it is with the magazine.
Several articles are published in each edition and the title of each shows the writer's name and additional photographers who contributed to the individual pieces. This is the 'credit' I am talking about.

MattPharmD: The writer and I have already discussed this and his contract doesn't discuss photography other than it must be credited appropriately. He knows that I am through with the magazine. He has his own issues with them. What I would like to know is how would you tell a magazine nicely that they screwed up. Send an irate email? Berate them on Facebook? Chalk it up to experience? I'm looking for closure

banquetbear

"...as has been mentioned, not being credited means nothing in the real world. It is something you could pursue but the most you could expect is a retraction in the next issue."

EXACTLY. Nothing from nothing leaves nothing. I will be pursuing it and a retraction but that will not become obvious till much later.

And as for assumptions...I assume people who put together a magazine aren't blind. That's not a 'whole lot'. I saw the submission letter and my name in there as the photographer to be credited- it has clearly been this way since I started working with him. Had I submitted separately this could still have happened as the magazine has started making errors of this kind in the past year. I will send them an email at the least- thanks.

Your closure is within yourself. Let it go.

Did you get paid? Or was the credit the only form of payment that was negotiated?

If this was a credit-only gig, did you have any sort of retribution or penalty for not being properly credited? Regardless of who's at fault, if there's no penalty for any sort of error (whether intentional or mistaken), then you really have little to stand on.

There was a period of time where a specific magazine client I had continued to credit my photography incorrectly. However, my paychecks continued to show up in the right amount, and they all cleared the bank. Several years later, the people who were responsible for those mistakes have since moved on, and I'm still there. The accounting records showed how much work I was doing for them, and I'm still contributing to this day.

I have never once had a client say that they saw my name in a magazine and ask to either buy my shoot or book me for a gig based on that credit.

Thanks for the insights Jacob. I don't have a contract with the magazine- thought that was clear but I guess not.
The question was really how best to tell the editor that he has incompetent people working on the magazine and let him know that they will not get the opportunity to do this to me again.
I have already dealt with the matter.

1. Is this a paying gig?
2. Have you (or the writer) spoken to someone at the magazine about this?

If it is a paying gig then it seems silly to blow off a paying client over a worthless credit. It would be much better to discuss it in a professional manner and resolve it so it doesn't happen again.

If it isn't a paying gig then it isn't a professional deal so why expect them to act in a professional manner. It may sound odd but a company will respect you more, the more you charge them. If they aren't paying then they will value your work (and you) at zero.

If you want them to remember to credit you make it worth their while to remember. Put in place a licensing agreement/contract with a cash penalty for failing to credit you.

A lot of fuss about a worthless credit. If it meant that much to you, you'd have had a contract in place and financial penalties for not including it.

Your beef is with the writer, not the magazine, because you're supplying the writer with the photos.

The writer should be taking the issue up with the magazine, not you...

JacobPhoto wrote in post #17140849
I have never once had a client say that they saw my name in a magazine and ask to either buy my shoot or book me for a gig based on that credit.

THAT.

12months wrote in post #17141523
Thanks for the insights Jacob. I don't have a contract with the magazine- thought that was clear but I guess not.
The question was really how best to tell the editor that he has incompetent people working on the magazine and let him know that they will not get the opportunity to do this to me again.
I have already dealt with the matter.

I'd have sent them a invoice just to get their attention. Who knows, maybe you would have been paid? ; )

You now own the copyright to all your work. Good news for Canadian photographers

12months wrote in post #17140739
banquetbear


EXACTLY. Nothing from nothing leaves nothing.

https://www.youtube.co​m/watch?v=NdUD-jcr104