Newspaper displaying photos-

I have a question.
I actually allow customers to have a CD w/their images on them.
With that said, if someone uses that photo in a newspaper for say, engagement photo, can the newspaper crop out my logo?

I worked for a newspaper for 17 years as a photographer.. Most newspaper employ guys who image photographs ready for newspaper printing.. These guys are really clever when it comes to editing images and can easily edit out your logo..

Now,, if the newspaper is serious about copyright (and most are to avoid any legal concerns) will either question the person submitting the image or contact the photographer if permission has been granted for printing.. They will also give the photographer a byline.. Something like "Photograph by ---------"

Legally they can't.

Technically, they can easily.

My local rag has never printed an engagement photo but every week (it's a weekly) there's at least half a dozen wedding photos and they're all tagged with 'Photo by Joe Bloggs Photography'. To be honest I don't know if it's the couple or the photographer who sends the image in.

Not sure but isn't editorial and educational use allowed by copyright laws without having to compensate the holder of the copyright, or ask even?

I work at a newspaper and for anniversaries weddings engagements births etc if someone submits an obviously professional photo to go along with their announcement we require them to get us a consent from the photographer/studio that took it. I don't think we have ever had a problem with any local photographers turning anyone down, nor does anyone really watermark their photos with a logo if it's for newspaper submission. As far as removing a logo. We wouldn't go to the trouble to Photoshop out a logo, but we would crop it out if it's in a part of the picture we wouldn't normally use like at the bottom of a full length portrait. We try to print as much of the face and torso as possible unless it's a dress shot of the bride. This is all included in our consent form we send to the photographer so they know we will be cropping the photo for best fit in the paper. We also don't include the photographers name of studio in the announcement and we've never had one request it. Now if someone submitted photos to run with a story like sports for instance we always credit the photo with who took it.

I allow the customers to have a print release with their photos.

When the newspaper displays the photos generally, they are cropped to remove my logo on the bottom corner.
They do this purposely.
I have asked, their response is that they do not include the photographers logo, because the submission(engagement, wedding etc) is free and if they included the logo of the photographer, they would have to charge because it's advertising for the photographer.

Dermit wrote in post #11672280
Not sure but isn't editorial and educational use allowed by copyright laws without having to compensate the holder of the copyright, or ask even?

I sure hope not or just about all my sales on Alamy are about to dry up as soon as word gets out

Dermit wrote in post #11672280
Not sure but isn't editorial and educational use allowed by copyright laws without having to compensate the holder of the copyright, or ask even?

No. There is such thing as "fair use", but that wouldn't apply here.

SO, my logo should be on there somewhere?

denise69 wrote in post #11679540
SO, my logo should be on there somewhere?

If you leave it on there, most newspapers will crop it out. They don't like to give free advertising.

Yes, I am finding that out, however, is it legal?

OK, there's too many variables here.

A) IF you shot the photo and gave up rights to the couple, they can submit it and the paper can crop it any way they see fit.

B) IF you shot the photo and did not give up rights to the couple, the paper should have contacted you and asked for permission to run the image and come up with some kind of deal. More than likely it's going to be they will crop how they see fit and your logo is not going to appear anywhere near the image, photo credit maybe. If you demand your logo runs then they'll say nope, call the couple and tell them the news and you just ticked off a customer, the couple will call you, and it's a mess.

I don't know ANY photographer who would not give rights for the couple to send that into the paper for publication, it's a reader submitted portion of the paper they could do without. It's not articles, it's not news unless it's someone famous, it's just something the readers want to see themselves and get it out there.

The issue here I see is a total lack of preparation. If I'm giving a CD to the couple for an engagement or wedding shoot they are certainly getting the right to send it in for announcements, other commercial stuff if it came forward different story. If I'm not giving them a disc then I'm telling them to send me the papers name and I will take care of it for them, call it part of the package, then when sending in the image including that the paper must NOT send the photo to couple since they don't have the CD.

denise69 wrote in post #11680187
Yes, I am finding that out, however, is it legal?

Probably not, but suing the local newspaper for running engagement photos that are submitted by your clients is a pretty swift way to lose all of your business. The paper will stop taking any photos that were shot by you whatsoever, and most clients get engagement photos and formal wedding shots with the intent of also running them in the paper.