Has my photo been illegally used?

I just got my new issue of Popular Photography. Naturally, I sit down to start reading it. In the first few pages, there is a Nikon ad, from their Mentor Series of World Wide Photo Treks. This August, from the 22-24th, they're going to be in Wisconsin. One of my photos is on the right page of that ad, with "Copyright Jason Kessenich" underneath. Before you all go asking, yes, that's me.

Nobody ever contacted me from either Nikon, or Popular Photography regarding this, or any of my other photos, and now this one suddenly shows up? I'm confused. It's cool to see it in a published magazine, but I feel like I've been side-swiped. What should I do?

I am assuming you don't have it as a CC on flickr with the right to publish for financial gain? (I did a quick check and I didn't see any CC on your photos, so I doubt that's the case)

So if you haven't released it into the public domain so to speak, yeah Nikon used it illegally. Give them a call and see what they have to say about it, at least that's what I would do.

(Just a simple copyright text with your name underneath does not make it legal for them to print it in an ad.)

Send them an invoice for use of the image.

did you submit it in anything nikon (contest) if so check the rules of that contest. if not send them a verry large invoice because once it has hit the stands they have no bargining power.

I have no CC on any of my photos, I don't even know exactly what that does. Last I knew, "All Rights Reserved" meant for the creator/copyright holder. You are correct, I have not allowed anyone to use that image at all... just a handful of prints that I have given to my family (done through Mpix.com, who is one of the "additional support" partners on the ad (same page as my photo). Thank you for the quick reply Molnies.

Noxcuses1 - What sort of terms would I expect to ask for? I know nothing about this, but I do know that it's used in color, about 1/8 of a page, and their circulation is probably fookin' huge.

I hope you get a large amount of money

NE Time wrote in post #5328343
did you submit it in anything nikon (contest) if so check the rules of that contest. if not send them a verry large invoice because once it has hit the stands they have no bargining power.

Nope, never. I don't deal with anything Nikon, I'm a Canon guy. How large are we talking?

aepoc wrote in post #5328352
just a handful of prints that I have given to my family (done through Mpix.com, who is one of the "additional support" partners on the ad (same page as my photo).

I think that's the problem here. Did you print the exact photograph used in the ad at Mpix?
I know that some print services have a contract that says something like "we have the right to use the photos you print with us" kind of idea. I have no idea how this works legally (I don't live in the US) but in no way would that even stretch to include ads from other companies, Nikon in this case.

If you have printed that specific photo at Mpix then I guess they are to blame, but maybe it's just a coincident?

aepoc wrote in post #5328366
Nope, never. I don't deal with anything Nikon, I'm a Canon guy. How large are we talking?

so isn't that false advertising as well?

good luck with a speedy resolution

you should make nikon do a retraction that says, this photo was shot w/ a canon!

Molnies wrote in post #5328388
I think that's the problem here. Did you print the exact photograph used in the ad at Mpix?
I know that some print services have a contract that says something like "we have the right to use the photos you print with us" kind of idea. I have no idea how this works legally (I don't live in the US) but in no way would that even stretch to include ads from other companies, Nikon in this case.

If you have printed that specific photo at Mpix then I guess they are to blame, but maybe it's just a coincident?

Interesting. I agree with you on the fine print of some of those sites, as hardly anyone reads those carefully. But you're right, that shouldn't stretch to include ads from other companies.

popular photography is very big so is nikon try $2000 if they give you crap tell them $3000 i am just speculating but i know they have paid more before and they usualy bargend before they printed and sold 100,000 copies

aepoc wrote in post #5328352
What sort of terms would I expect to ask for? I know nothing about this, but I do know that it's used in color, about 1/8 of a page, and their circulation is probably fookin' huge.

Invest in fotoquote. It would give you exactly the fee for that particular use.

looks like a good chunk of change...cha-ching!

good luck.

Thought I should add that I just checked Mpix.com's Terms and Conditions, and I couldn't find anything that would include the right for them to use the image in any way.

Check out www.photoattorney.com and see if her blog has anything to say about this.