Photography

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A place to politely discuss the tools, technique and culture of photography.

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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Publisher Used My Photo Without Permission (alien.top)

submitted 11 months ago by BeingBalanced@alien.top to c/photography@viewfinder.pro

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I see that Getty sells high resolution royalty-free stock images for $500. I assume that's a license in perpetuity to use the image however and wherever you want but just not be able to resell it yourself. I also assume that means they can keep selling the same license to others for the same photo.

I took some photos that I provided to a major publisher along with an article I wrote that then syndicates my article in the relevant local travel magazine website. They told me they were going to use my article (and paid me for it) and not use the photos I took. I've discovered the company has published one of my photos in four articles (not written by me) in two major City local travel websites, crediting me on the photo but I received no compensation nor was asked permission to uses it.
Normally they get non-exclusive rights to any of my photos they use with my article for an additional $50/photo charge.

I'm trying to figure out a ballpark reasonable fee they should pay per photo. Seems to me at minimum they should pay $50 X 4 articles. = $200? And a lot more if they want exclusive rights to use the image.

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[–] Imherebcauseimbored@alien.top 1 points 11 months ago

Do you have a contract with this publication? Is it your contract or theirs? If so, what are the terms of the contract regarding use of photos?

Your potential recourse here may depend greatly on a contract or lack thereof. If you have a contact that has stipulations on the use of the photos, you definitely have a leg to stand on when seeking compensation due to breach of contract.

If there is no contract, this is where things are less clear. You provided them with the images so they may be entitled to the use of the images as long as you're credited (as it appeared they did). On the other hand, if you registered the images, there is potential that you may be entitled to compensation even without a contract.

Every single contract or release that I use covers commercial use of my photos for this reason. It's much easier to win a breach of contract than it is to win a copyright case, as most photographers don't register their photos. My understanding is that registering photos for copyright (within 90 days) is key in winning a copyright case and your chances of a win are much lower without registering them.

For the most accurate advice you need to contact an attorney and not all of us clueless keyboard warriors here on reddit. Most will give you a free consultation to advise you if you have a potential case or not.

Or you could just invoice them for $200 if you feel that's what your photos were worth and maybe they will cut you a check.