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FORUMS Photo Sharing & Visual Enjoyment Performing Arts 
Thread started 25 Sep 2007 (Tuesday) 09:54
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i got published in today's Boston Globe!

 
narlus
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Jan 24, 2009 11:30 |  #61

i'm sure i'll get the same response as last time - that the band gave the photos to them, and they had assumed the license extended appropriately. i did send an invoice last time and got nothing out of it. i suppose i can do the same; i did send an email.


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René ­ Damkot
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Jan 24, 2009 12:15 |  #62

They can assume all they want. Ultimately, it's their responsibility to check.

All depends on the relationship you want to maintain with them off course.


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skifurthur
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Jan 24, 2009 15:53 |  #63

The simple answer is that The Boston Globe owes you compensation. If you have registered your images they owe you a lot, lot more. I would take legal action unless...

You didn't want to sour a relationship with The Boston Globe or the band.

Chances are the newspaper is going to play dumb and imply that you might not get work that you probably wouldn't be getting anyway. You are a known quantity around Boston already, so if they were a knockin' they would have already found your door. The paper might scream to the band and the band might stop you from shooting them again. Is that going to cause you a problem?


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DwightMcCann
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Jan 24, 2009 16:56 |  #64

As Rene says, it is their responsibility and they do know better regardless of what they say. OTOH, they aren't likely to pay you anyway unless you sue them and if the images are registered with the LOC that could be tough. And, you may wish not to sour your relationship with them. There are no easy answers.


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blackshadow
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Jan 24, 2009 17:04 |  #65

Do you know where they got your photo from?

Did you explain to the band about usage rights after the last time this happened?


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narlus
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Jan 24, 2009 18:11 |  #66

i gave the band a bunch of photos in early '07 for use on myspace, when i was young and naive. i know that in '07 the globe got the photo they ran from the band, but wasn't clear that they may have given more photos at that time. or, the band gave the globe another photo when requested, for this instance.

i know i didn't make usage clear enough from the first time, so since it's the same batch of shots i don't pin blame on the band. but the globe should at least figure out credits, no?

i've not registered any photos i've taken, btw


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blackshadow
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Jan 24, 2009 18:23 |  #67

Much as it sucks you are probably going to have to wear this one as experience.

I'd also be speaking to the band to make sure this situation doesn't arise again.

I'm sure the paper will argue that they were given the photos by the band for publication - it would be normal for the paper to assume that as the band has given them the photos for publication the band are authorised to do so.

The way I see it is it's not really the newspaper's fault - the responsibility lies with the band.


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narlus
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Jan 24, 2009 18:35 |  #68

the story i got the first time from the band is that the paper should have credited me...i doubt the story is gonna be different this time.


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blackshadow
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Jan 24, 2009 18:46 |  #69

I think the first thing I would be doing if I were in your shoes Tim is to revoke any license for use by the band immediately and if they want any further usage rights they should sit down and negotiate them with you.

If they are using your live shots in Boston after more than 12 months, you'd have to wonder where else they have been using your shots.


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90c4
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Jan 24, 2009 21:15 |  #70

That's a real bummer. One of my contacts works for the Globe - he's the Assistant Art Director, whatever that implies. Let me know if you want me to hook you up with him but I have a feeling that pursuing this is only going to get you more frustrated.


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Compact ­ Diss
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Jan 24, 2009 22:46 |  #71

First tell that joker who works for a newspaper to use spellcheck "useage".

Second, Globe just did lay-offs right? I doubt you will see anything from this.

I have also had this happen to me, but pics of fighters. One was a small publication in NH who featured a story on a fighter, my photos. I contacted the paper. The fighter, when asked about the pics, and permission to use before the story went to print replied "yeah, he's my guy" implying to them that I worked for him...they ran a correction the next week, and went so far as to include links to my site, and a small blurb about my concert & MMA work.

I would be pissed at the Globe's reaction, I would pursue to have the credit corrected, best of luck my friend.


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taygull
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Jan 25, 2009 14:28 |  #72

I've not read the entire thread but.....

It comes down to this;

You "gave" the images to the band, on "some" level this transfers at least a portion of the "usage" rights. Since you did not make it clear to them they could not use them....which if when you asked for the pass to shoot them had you told them you would not let them use the images without credit or compensation then most likely they would have politely said no on the credentials. I'm certain there was no intent of the band or the publication to "defraud" you of anything. If you had told the band and the publication you wanted compensation then they probably would have chosen a different route to get images of the band.

When a "subject" supplies images for a story the publisher does make some basic assumptions that they, the subject, has the right to give them the images.

We get images quite often for stories we run in the magazine, if the subject providing the images does not give the editor a specific person to credit the image to then it is simply "image provided by subject".

So be proud everyone thought your image was good enough to publish, send a polite note to the band that in the future please have all publications contact you for images usage and rights.


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taygull
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Jan 25, 2009 14:32 |  #73

Well I went back and looked at the rest of the thread.

I'm betting they forgot about the first image/issue.

Contact the paper as for the publisher and or the editor, I'd ask them why this seems to be consistent issue of them using your images, again it could be the bands fault because they think the "own" the images since you gave them to them.


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i got published in today's Boston Globe!
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