invoice them .
this post was submitted on 27 Oct 2023
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Photography
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No
If it's online issue a DMCA takedown request.
https://www.copyright.gov/dmca/
You can do it yourself. For free.
Send the paper an invoice first. They used to just pay them. If they don’t, send the DMCA.
I'd send both. Then allow them to post them IF the invoice is paid.
Can't. OP gave the band the photos, so OP has zero rights as long as the band credited them in their communication with the paper. The band could complain, but OP could not.
LOL, that's hilarious. OP has not relinquished their copyright, and are fully able to issue a DMCA takedown. Doesn't matter that he supplied the pics to the band, he's still in full control of the photo. Furthermore, when he supplied the pic, it was with the express condition he be cited for his work, he was not thus....he's fully within his rights as owner to pull them back.
Next.
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.
It's bad analysis but also most likely outcome. I've been through this a bunch of times, and I was way more buttoned up about rights management than OP. Unless you're going to actually file a lawsuit, the most likely outcome is that they will feel bad and take them down and stop responding.
The above is likely what happened. Yes, they transferred a right they didn't have. But most people are pretty ignorant. Especially with small market local stuff.
I've done the fight, I've sent C&Ds, I've sent demand letters. My financial outcome from that is negative. Unless this is a major outlet it's not worth it. And even then, FOX basically told me to fuck off because they have more lawyers.
If I were OP, I would try to flip this into a positive and educate the paper and try to say "hey, going forward if you'd like this type of coverage I'll happily freelance for you. My rates are ____."
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.
This analysis is, indeed, reality.
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.
Depending on country and legal system, the photographer may also have moral rights which cover the right to be credited for their work.
The paper is just going to say that the band provided them and allowed their use. Sent the paper and invoice but be prepared for them to ignore it because the band provided the photos. Unless you can prove the band told them that they had to provide a credit, you may not have a leg to stand on. But the paper may still pay a realistic invoice to avoid negative press.
OP said they want credit, not payment.
Realistically, the print edition is out and done. But I'm sure they'll add a photo credit to the story online.
Try to reach the photo editor if the paper has one. They'll be more sympathetic since they'll be from a photography background and work with photographers. I'd be nice (and include a link to your work/portfolio). It's actually a good way to come to their attention.
Eh you got some edumacation to cook
Unless you can prove the band told them that they had to provide a credit, you may not have a leg to stand on.
Presumably, since OP has the copyright on those photos, it would be on the band to prove that they had the right to sublicence the images in this way, not on OP to prove that they did not (since that’s the default), no?
They're not OP's photos anymore; they're the band's. The band can complain to the paper, but OP can't.
Forget credit, I would want to get paid.
To be clear, and to build on what others have said, your options are:
- Send the paper a message/letter asking for credit/payment
- Blindly send an invoice, they have already used the photos, so are a bit stuck
- DMCA the online services, facebook etc all have a reasonable form for this
The most likely and reasonable would be to send a letter/invoice or message and requested amount, and if met with an unsatisfactory response, DMCA take down request the photos.
An unsatisfactory response could be the paper saying the photos were provided by the band as is, and allowed their use. You don't have to prove anything, you have copyright, DMCA that shit.
No
If you have a contract with the band stating whats said in OP all further communications should be through your lawyer. No contract, you're screwed.
sounds petty, a town paper and local band, lucky if anyone reads the article never mind reads the credit on the photo, id keep the copy of the paper for a momento and move on
OP I'm curious, what is your end goal? Are you an amateur hoping to get a little recognition?
Always send an invoice first.
OP could well get that if they reach out to the writer or editor with a little diplomacy. What I was responding to were the suggestions they demand to be paid after the fact and threaten to file a DMCA request otherwise. As you pointed out that wouldn’t accomplish anything and potentially burn those bridges as well.
So has anyone ever got business or notoriety from a byline? Like someone saying I saw your picture?
It's not hard to get your picture in the newspaper. No one who matters really cares.
I assume it depends on the laws in your country. And then it also depends on the contract you've made with the band. You have made a contact, haven't you? The permission you gave them was written down somewhere? How did you send them the files?
You might contact the newspaper and tell them they didn't have any rights to use the photos without crediting you and demand a reimbursement or something (depending on the laws in your country).
You might also contact the band and ask them how the communication with the newspaper went and why they didn't credit you. The newspaper is probably going to put the blame on the band anyway, so you might as well talk with them first.
All copy and photo editors implicitly know that they have to give attribution. Period.
Invoice them
The paper is a professional business and knows they need to credit photographers. Some have just become lazy, and no one bothers them anymore, so they get away with it. They get to use your stuff to make money.
Send them a bill. If it isn't paid, then small claims court. No newspaper wants to be seen as the bully and ripping people off.
You can share on social media the post and with a statement how they used your photos without permission or credit.
Just remember, you own the copyright, and you give usage license under terms. The terms were not met, so you have legal rights to compensation.
Send a bill
As someone who runs a print publication this is very unprofessional. This is the reason we have journalists and photographers. If we use any outside media it's mandatory to ensure proper permissions are in place.
And this is what happens when you try to be nice and fail to protect your work. Whether you are a hobbyist or make money from your work, if you care about what happens to your photos once you give them to someone, then put things in place to protect it. Don't do verbal agreements. Put everything in writing down to what can and can't be done with the photograph and definitely state that copyright is NOT transferred by the sale or use of the photos.
Theres a lot of bad advice in this thread and some stupid advice that comes up a lot that says you should demand payment. Honestly here is a practical way to move forward without wasting resources and take it as a learning experience. Email the editor. Explain the situation and just ask for credit in any future uses of the photo and a correction to any online/social media postings.
In the future, just include a small watermark on the corner if you are going to give them out. Give the band the option to buy the photo(s) for a fee if they want it removed. That way you don’t miss out on credit. Make it a nice watermark too not the shitty ones that try to be center stage, or are laid over the entire image.
Get it in writing. Period. Never trust that your instructions will be carried out, even if you text, or email them. Also make sure the meta data on your images is up to date with all your contact information. Never release an image with the words, "use them however you want". Hard way to learn a valuable lesson. Trust no one.