this post was submitted on 27 Oct 2023
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Photography
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This is not a good place to simply share cool photos/videos or promote your own work and projects, but rather a place to discuss photography as an art and post things that would be of interest to other photographers.
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It would be great if they credited you, but in situations like that, it often doesn’t happen. You gave them rights, they transferred rights to the paper. Everyone involved is acting in good faith. It may have passed through 4 or 5 people between you and being published. That’s a lot of chances for someone to miss the credit. Most likely the metadata is intact, but you could easily have someone handling it who doesn’t know to look there.
If you give people pics for promotion this will happen again. You can either not do it or be happy that like your pics and hope that they remember you when they need to hire someone or when someone asks them about the photog who did those great pics.
This is a bad analysis. OP gave the band rights, but if the band let the paper use the photo without a credit, then the band transferred a right that it didn't have.
I know we all want to be aggrieved copyright lawyers here. You are right, the band failed his contract because they didn’t enforce the credit.
But my analysis is reality.
OP let the band use his pics for promotion, naively thinking that they would have full control of every use and he would get credit. They don’t have full control. They aren’t the end user. They hand out the pics for promotion and have no control over how or if they are published. The newspaper receives a massive number of hand out pics. They accept them because it is free and convenient. Everyone understands that publishing them is helpful for the person who submitted them. Somebody there may care about trying to give credit. Maybe nobody does. Even if they want to, there are a lot of potential breakdowns.
Probably there is a written policy that by submitting a handout photo you attest that you have full rights and are granting full rights to the paper without credit.
OP can go after the band and burn that bridge. Op can invoice the paper and that will burn bridges with the paper and the band. Or OP can understand the nature of handout photos.
Where do I get my opinion? Some comes from being a photographer who does promotional photos and file photos that should be credited but several times a week are not. Most of it comes from being the guy who received, edited and published the handout photos at several major daily newspapers.
You know, sometimes even I am an idiot on the internet.
In the overwhelming majority of cases I give my clients a legal answer and a practical answer. Sometimes they match and sometimes they don't, and when they don't, often the practical answer matters more. I gave a legal answer here. You gave a practical one. Swing and miss by me.