Magazine spotlight - no contract

I've just been approached to have one of my shots published in a US photo magazine. They would like my approval for a "one-time, non-exclusive" use of the photo. But they're not planning to send any contract, they're happy with e-mail approval. No payment is offered and in this context I'm ok with that.

Considering I'm therefore not signing away anything, do I have anything at risk here? The way I see it, if it comes to the worst and I find my picture somewhere it shouldn't be, I can pretty much handle this as any regular image theft, right?

armis wrote in post #16225430
I've just been approached to have one of my shots published in a US photo magazine. They would like my approval for a "one-time, non-exclusive" use of the photo. But they're not planning to send any contract, they're happy with e-mail approval. No payment is offered and in this context I'm ok with that.

Considering I'm therefore not signing away anything, do I have anything at risk here? The way I see it, if it comes to the worst and I find my picture somewhere it shouldn't be, I can pretty much handle this as any regular image theft, right?

There doesn't seem to be any risk that I can tell, although it's odd they're not asking for at least a signed content release form.

Even though you're okay without payment, request a copy of the print magazine. Maybe even a subscription.

Is this magazine print-only? If it has an online edition and your photo is there, anyone can copy it.

Make sure you save a copy of the email and carefully read the text. Without it you are giving the company an implied license to use the image pretty much any way they want. While an email from them directly isn't as good as a contract for upholding who said what, it is a lot better than nothing.

And if you aren't worried about your image being stolen by someone or given away for unauthorized use to another company, then you have nothing to worry about.

OhLook wrote in post #16226205
Is this magazine print-only? If it has an online edition and your photo is there, anyone can copy it.

adam8080 wrote in post #16227352
And if you aren't worried about your image being stolen by someone or given away for unauthorized use to another company, then you have nothing to worry about.

Well I've thought about both of these cases but as far as I know it doesn't really make a difference whether I have an ironclad contract, does it? The mag does have an online edition (pdf of the print, basically) and even if I had the perfect contract, someone else could still copy the picture. Same thing for unauthorized use by a third party: those are just the risks of publishing anything, I figure.

If you're not getting paid, then why does it matter?

HiepBuiPhotography wrote in post #16228049
If you're not getting paid, then why does it matter?

Well there's a difference between not being paid this time and somehow finding myself stripped of any right to any remuneration or recognition from that shot ever again. I'm just checking my bases.

armis wrote in post #16227914
Well I've thought about both of these cases but as far as I know it doesn't really make a difference whether I have an ironclad contract, does it? The mag does have an online edition (pdf of the print, basically) and even if I had the perfect contract, someone else could still copy the picture. Same thing for unauthorized use by a third party: those are just the risks of publishing anything, I figure.

It depends on who copies it.

If the magazine gave permission to someone to use it for billboards/movies/etc. Then without a contract it will be near impossible to prove what rights they were given and not given in the implied license.

If someone else used it without permission then it doesn't matter.

And unless you register your copyright and enforce your rights, then it really doesn't matter anyways.

adam8080 wrote in post #16228299
And unless you register your copyright and enforce your rights, then it really doesn't matter anyways.

I'll do that as well, thanks. Is there a time limit to do so? I seem to recall reading something about 3 months but I'm not sure from when. Since the copyright office requires me to specify whether the image is published or not, I assume it makes sense to wait until the magazine issue actually comes out to register it?

To be able to receive certain benefits when pursuing a copyright infringement case, your image must be registered either within 3 months of first publication (which includes almost anywhere online) or before the infringement took place.

You can always recover actual damages, but sometimes that isn't the best option. You also have to register the image with the copyright office before legal action can take place anyways.

Thanks a lot! Just a clarification: when you say "either within 3 months of first publication (which includes almost anywhere online) or before the infringement took place", is it really either of them or is it the most restrictive? For instance, if I post the photo online on Jan 1st and the infringement happens on Feb 1, am I still in the clear if I register it on March 1?

armis wrote in post #16230410
For instance, if I post the photo online on Jan 1st and the infringement happens on Feb 1, am I still in the clear if I register it on March 1?

Yes, you would still be covered. Or if you were to post the photo online Jan 1st, register the image Aug 1st, and infringement happens, Aug 2nd, you would still be covered by the full copyright protection under the law.

That's very good to know, thank you again.

armis wrote in post #16225430
I've just been approached to have one of my shots published in a US photo magazine. They would like my approval for a "one-time, non-exclusive" use of the photo. But they're not planning to send any contract, they're happy with e-mail approval. No payment is offered and in this context I'm ok with that.

Considering I'm therefore not signing away anything, do I have anything at risk here? The way I see it, if it comes to the worst and I find my picture somewhere it shouldn't be, I can pretty much handle this as any regular image theft, right?

It is very normal for magazines to agree to licensing rights via email, and with no contract. In fact, this is done much more often without a contract than it is with a contract.

Do you have anything at risk? Yes, you do. By having the image published, you will no longer be able to sell a license for this image to someone else with "first rights" intact. But, if you are not trying to get paid money for such licensing, then this probably doesn't matter to you. No publisher in their right mind is going to require first rights if they aren't even willing to pay for the image.

One suggestion I have is that when sending a reply email to them, confirming the usage agreement, you add a line such as this:

"This license is for one time, nonexclusive print use by _______________ (name of publisher), to appear in _______________ (name of magazine, including the issue date). Usage is for print only, and not to be extended to any online use, promotional or otherwise. Usage is also not to be extended to any third party at any time nor for any purpose.

First rights or exclusive rights isn't something that the large majority of people here are concerned with. The closest most will here will see is submitting photos to blogs or magazines in exchange for exposure or trying to sell an exclusive license for stock photography.

Also, just because you include your terms in an email to them (or even restate the agreed upon terms more clearly) before/with/after you send them the photos doesn't mean they are accepted or agreed upon unless the other party specifically agrees to them.