Small Newspaper job, copyright issues?

I shoot photos for a small paper, generally 7-10 hours a week. When I was hired there was no paperwork, I was offered the "position" that was writing sports stories and shooting photos. The person I sent my articles to, the person who was covering sports, asked if I could upload photos to the papers "selling site" which is linked off their website. I uploaded low res branded photos through the football season of selected better shots.

I shoot the local high school sports, and another photographer covers the local big private school. None of his photos end up on the paper's photo selling site, I was told he gives proofs to certain students whose parents order pix, and he gets a commission. I am not getting a commission on anything I upload, and not really certain about the legality of them being able to sell my photos.

I know I can play hardball here; but this job supplements my income and is needed. They have had a string of people doing this job for many years. Photography has never been that good, always an after thought it seems. I consider myself a photographer first, and wary of giving away my work.

I will receive a 1099 for taxes, they hold nothing out. Does anyone have any advise?

Sounds like its time to negotiate. Since you dont have a contract that says otherwise the copyright likely still rests with you. Since the other photographer does his own thing there is precedent for you to either refuse to upload, or perhaps ask for a portion of the sales. Whatever you do, be respectful and open about your concerns.

I am trying to do so; but they aren't answering my questions via email... I realize the importance of getting responses in writing. I appreciate the advise.

javapop wrote in post #15560148
I am trying to do so; but they aren't answering my questions via email... I realize the importance of getting responses in writing. I appreciate the advise.

My guess is they see someone eager enough to do the job on whatever terms they hand down. By changing the dynamic, you may cause them to rethink the arrangement. Whether they value what you do enough to accommodate your concerns is the issue.

I have heard of giving a paper 1st rights, or something similar, what about some advise on some reasonable terms to offer?

Basically you and the newspaper need to decide whether to consider you an employee (you get paid for your time, they get the copyrights) or a freelance photographer (you get paid licensing fees per image).

Everything is negotiable. You need to bring something of value to the newspaper if they are going to compensate you.

Unless they're providing all the equipment, paying your mileage, paying you by the hour and covering your butt with liability insurance, then I would steer toward a freelance type arrangement. They pay you so much per image, you provide some kind of license. The details of the license are up to you. Keep in mind that their web site probably gets more traffic and they have a greater potential for print sales than if you tried to post and sell them yourself. Nothing wrong with letting the paper sell prints as long as you think the compensation is fair. The arrangement has to be win-win.

The reality of the newspaper business today is that there isn't a lot of money to go around. Times are tough. Big newspapers are laying off photographers and photo editors all the time, relying more on the crappy pictures sent by amateurs for free.

I have just been told I am classified as freelance.

I do get paid an hourly rate for covering events, and get paid mileage however. I use mostly my equipment, they own a 70-200 2.8 that I use for night sports (majority of what I shoot is using that lens) I own everything else.

At the very least you need a written, signed license agreement between you and the paper. It should spell out specifically what uses are allowed and what is not. And it should spell out, in no uncertain terms, that you own and retain the copyrights to everything you produce.

From that point, it's a matter of what you're willing to work for. But since you're providing most of the equipment, you need to cover your own professional liability, and they aren't providing any of the benefits of full-time employment (health insurance, 401(k), holidays, vacation, etc.), then in terms of hourly rate you need to think like a contractor, not like a wage earner.

Is the agreement something I would need to submit to them? They obviously aren't too concerned! My 1099 lists (Vender) after my name

javapop wrote in post #15560805
Is the agreement something I would need to submit to them? They obviously aren't too concerned! My 1099 lists (Vender) after my name

Its something you want to draw up after talking with them. Especially after you negotiate their ability to sell your work online, what you will recieve for it, and whatever other terms you negotiate.

I have a similar arrangement with a large newspaper that I worked for in the past. I pick events that I want to cover, shoot the event along with some of the fans (the fans get more page views and the result is more sales), and upload to the host site. The newspaper pays me to shoot the event, and we split revenues on sales. The host handles the fulfillment of the products, and sends me a check every month, plus I get a check from the newspaper.

I shot an event yesterday, and when I got up this morning I had $225 in sales from people buying photos of themselves at the event. You may want to offer your newspaper a similar arrangement, and see if they will split sales with you. I realize that this is easier in a big city with a lot going on, but it may work in a small town, especially at events where the local children participate.

whuband wrote in post #15571566
I have a similar arrangement with a large newspaper that I worked for in the past. I pick events that I want to cover, shoot the event along with some of the fans (the fans get more page views and the result is more sales), and upload to the host site. The newspaper pays me to shoot the event, and we split revenues on sales. The host handles the fulfillment of the products, and sends me a check every month, plus I get a check from the newspaper.

I shot an event yesterday, and when I got up this morning I had $225 in sales from people buying photos of themselves at the event. You may want to offer your newspaper a similar arrangement, and see if they will split sales with you. I realize that this is easier in a big city with a lot going on, but it may work in a small town, especially at events where the local children participate.

Great idea, thank you very much!