Photography

we agreed that i would come back this year and take photos of events for the yearbook

Sounds to me you made an oral contract to provide images for the yearbook. Yes?

So why should they not use the images?

Sorry but if you allow this to become a legal dispute you are silly. This is an unpaid (hobby) you are doing to support the school. Why would you suddenly turn it into a legal drama?

1. Yes you own the copyright on your images but....
2. You already granted them the right to use the images. It was part of the initial agreement under which they granted you access to shoot the various events.
3. The right to use them doesn't mean they must use them, it means they can. If they choose not to that is up to them.
4. Choosing not to use them doesn't cancel their right to use them. If they change their mind and decide to use them then it isn't "using without permission".

This isn't an international company using your images for profit without your permission. It is at most a minor tiff with someone who doesn't know what they are doing yet.

You got to shoot events you wouldn't have and many people got to enjoy the images. More people may or may not get to enjoy them.in the year book but is that really worth making a fuss over and potentially souring the relationship? Be the bigger person.

You are not my client, and I am not providing legal advice, merely general information about copyright law in the US.

1. Copyright law is preemptive federal law, i.e. there is no such thing as "state copyright law," is the same throughout the nation regardless of state, and federal courts have exclusive jurisdiction.
2. Copyright protection attaches to creative works as soon as they are fixed in a tangible medium. With respect to digital photography, "fixation" occurs when the image is saved on a memory card or other digital storage device.
3. Registration is a prerequisite for filing a copyright infringement action. Most, but not all, federal jurisdictions allow registration after the suit is filed.
4. Statutory damages have nothing to do with whether a work is registered or not. Infringement plaintiffs can elect either actual damages or statutory damages. Statutory damages are higher for intentional infringement than unintentional infringement. Statutory damages are available without proof of actual damages.
5. Copyright infringement is strict liability, i.e. it doesn't matter whether the infringer was aware the copied work was protected under copyright or not.

There is a lot of misinformation in this thread, all of it from non-lawyers. Most reputable intellectual property lawyers will provide a free consultation as to how to address infringement concerns, and whether it is worth pursuing. I'd suggest you call one, rather than relying on anonymous advice on Reddit (or anywhere else on the internet).

You told them they could use the images. You got in free. If they chose not to use them after the fact does not change the agreement. Either way, from what you posted, they are free to use them or not. It is up to them how they use them in the yearbook. Maybe it doesnt match up with what they are going for this year. If they have for sure said they will not be using any of your images, then you have a right to ask them to delete them from their archives and not use them at all. But in the end, it doesn't matter if they dont use them. You got good images for your portfolio and that's what you were after, right? Well done!

Keep shooting and hope things change in the future. Personal advice, it's not worth a lawsuit if they decide to use them or not. You will be blackballed in the future as someone that is difficult to deal with. And you don't want future paying clients to hear that.

Sue the fuppers

To answer your copyright question, yes, you own the copyright on every picture you take. The only exception is if you’re explicitly doing work for hire and a condition of the contract is transfer of copyright. You are not required to have registered anything with anyone beforehand, though some people will tell you that it must be registered with the copyright office to be valid. (Not true.)

If you don’t want them using your pictures for any reason, I would send them a certified letter plainly stating that they don’t have permission to use your pictures, and if there was any implication or expectation of such that they can consider it withdrawn. Make sure you keep at least two copies of the letter with clear dates. Notarize it if possible. If they do it anyway, you will have an easy case for a lawsuit.

So, without more information it’s hard to assess this specific situation, and anyone who says otherwise is not a lawyer.

What are you trying to protect, and how important is it to you? If you want to pay a lawyer $300/hour or more to get to the bottom of it, that’s certainly your right. So is bulk registering your photos as unpublished, sending them a letter saying you do not give them a license to use your photos, and making a demand if they do. But that’s more likely to net you some bad PR than a payday, and it doesn’t sound like you were ever in it for the money. It sounds like you want an outlet for your frustration with this person. We hear you and sympathize, and agree that the other guy is a jerk.

It’s probably not worth picking a fight. You’re the adult now, and the other person is a high school kid you don’t really know, so the best advice I can give you is to be the bigger person and let it go.

Do you have a signed contract?

Sounds like you had a falling out with someone at your old school about the yearbook and now you are talking about lawyers. Really? I would say to be the bigger person. Your photos likely don’t have any financial value. You were planning to donate them to the yearbook before the falling out. This is for your alma mater. It is for the students. I would forget about it, or send them something that says they have permission to use your pictures in the yearbook but nothing else. Maybe you could ask for a credit mention, but it’s likely to be a mess and life is too short. Be happy that the real benefit is people enjoying your work.

Totally depends on the release and agreement you signed. If they're a client, it's their right to utilize the photos... generally not for profit. If for advertising, social marketing, etc, that's a different fee... But make sure you cover yourself with the ability to use the images that are taken that day foe your purposes as well.

If it's a student t or teacher, you're gonna have to threaten/sue the school rather than the individual.

Source: Me, who tried to sue a principal.

hey yearbook staff member and photographer here! how it works for our school is if ur a student photographer u take photos, edit them, and submit them to us. we would pick whichever photos to use AND give photo credit to them. we credit everyone to photo by’s, photo courtesy’s, graphic by’s, and page by’s. there is no way for them to be considered copyrighted useless u go out of the way to copyright them urself as far as i know. if u no longer feel comfortable letting them use ur photos u need to tell them asap. something like “i no longer feel comfortable letting u use my photos” or “i don’t feel comfortable letting u use my photos without the proper credit by photo”. i also don’t know how ur yb is like, do they usually not give photo credit? is there a reason for u to think u won’t get the credit u deserve? if it’s bc she’s new or rude, maybe just make sure u get credited by talking to whoever is in charge of the yearbook or it’s staff. feel free to pm me if u have questions!

Also if you took the photos under a work for hire agreement the photos belong to the school.

If you are a American sue them 😀

Honestly, with the little details provided about the situation, this sounds like a petty argument/disagreement with someone you feel sour about.

I'm sorry you are being treated in a way that feels hurtful in some way, but in my 36 years of wisdom on this earth and being involved in events/groups, it's best to move on from this one. Reflect and learn where you went wrong to better protect yourself in the future. By that I mean to better position yourself.

Hire a lawyer. Have the lawyer send your former high school a cease and desist letter. The letter must threaten the school with a lawsuit for copyright infringement.