What are my rights? - DPChallenge Forums

11/01/2006 01:09:09 PM · #26

they didn't. The band and I are very close friends and have a signed contract that explains the use of the photos. Essentially it says that I let them use the photos, but i own them. I found out about the yearbook pics because the band wanted to know if I gave them out or if they were just stolen from the website.

We look out for each other and make sure credit is given.

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

11/01/2006 01:12:16 PM · #27

Maybe you should let the band (or their attorney) push the matter for you, since it was their (licensed) property which was appropriated from their site.

11/01/2006 01:18:40 PM · #28

its not their property. My contract says I own the images and let teh band "borrow" them. The school stole them from teh bands website.

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

11/01/2006 01:22:23 PM · #29

Originally posted by Jmnuggy:

its not their property. My contract says I own the images and let teh band "borrow" them. The school stole them from teh bands website.

Yeah, that's why I said "licensed." It was the band's space/website which was violated ... imagine you'd lent them a print and it was stolen off their wall -- they'd be the ones filing the police report and to whom the property would be returned if recovered.

I'm just encouraging you to consider hitting the university on more than one front, since they've actually committed multiple violations.

MattO

Nikon D4

Nikon AF-S Nikkor 70-200mm f/2.8G ED VR II

11/01/2006 01:27:42 PM · #30

Originally posted by mcmurma:

I guess my thinking is that it happens everyday, in mostly harmless little ways, and as photogrphers we have to accept that sooner or later it will happen to us. How we deal with it is whats important. And in some cases raising a stink is an important thing to do. In others, it's just not worth raising an eyebrow.

I know what your saying, however just because it does happen everyday doesnt make it right, or make it not worth standing up for whats right. I would pursue this myself if it happened to me.

MattO

Bear_Music

Samsung Galaxy S24 Ultra

Sony 24-70mm F4 Vario-Tessar T* FE OSS

11/01/2006 01:27:47 PM · #31

Universities are in an unusual position in our society because they are (or are presumed to be) in the business of teaching "truth". More than almost any other institution we have, Universities need to be extremely scrupulous in their business dealings because any evidence of unscrupulous behavior eats away at the core of their credibility.

For the university to appropriate images without permission, credit, and/or compensation for any publication at all is not acceptable, and the situation needs to be addressed. They should not be doing this, and it is worth pursuing on moral grounds alone. The question of profit is completely peripheral to this issue. However, it's a fact that yearbooks generate income, usually for the journalism department of the school (who usually produce the yearbook), and this income is part of their funding/expenditures budget.

I would take it for granted that if Jmnuggy chose to demand reasonable monetary compensation, the university's attorneys would recommend settling. In fact, I'd think it would be easier to get money from them than a public apology, since the apology would be an acknowledgment of their wrongdoing, while the monetary compensation would be accompanied by a clause requiring no public airing-out of the issue.

R.

11/01/2006 01:30:39 PM · #32

sorry I misunderstood.

I agree, maybe getting the band involved would help. Im more surprised that a college w/ a journalism dept would make such a flagrant error in judgement. The real question is what is this worth? What should the college now have to pay?

Funny thing is that I would have given them permission to use anything they wanted for free if they had just asked.

Sony 24-70mm F4 Vario-Tessar T* FE OSS

11/01/2006 01:34:41 PM · #33

How does one pursue something like this?

Bear_Music

Samsung Galaxy S24 Ultra

11/01/2006 01:38:44 PM · #34

Originally posted by Jmnuggy:

How does one pursue something like this?

By sending a registered letter to the head of the journalism department (assuming they produced the yearbook) stating your complaint and the compensation you are seeking. Give them a specific period of time in which to respond before you seek other avenues of redress (which in this case would be going directly to University administration or filing a claim in court). A week would be reasonable.

R.

11/01/2006 01:42:35 PM · #35

what is reasonable compensation? Its more the point of the matter than me actually being upset.

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

11/01/2006 01:46:34 PM · #36

Stock image compensation ranges from about $0.25 (microstock) to about $250 (rights-managed for a "small" publication) per image. In this case, maybe something on the order of $25-50/image would be enough to make them take notice to be more careful in the future, without breaking their (probably too small) budget. But then, I am known for underpricing, so I'd suggest getting at least three bids ...

Bear_Music

Samsung Galaxy S24 Ultra

Sony 24-70mm F4 Vario-Tessar T* FE OSS

11/01/2006 01:47:16 PM · #37

Originally posted by Jmnuggy:

what is reasonable compensation? Its more the point of the matter than me actually being upset.

If you're not out to soak them, but just want to make a point, ask for $100.00 and take your significant other out to dinner :-)

R.

Incidentally, I mentioned "demanding reasonable monetary compensation" by way of underlining that you wouldn't be able to soak them for, say, $10,000, you couldn't justify that.

Message edited by author 2006-11-01 13:49:30.

11/01/2006 01:50:36 PM · #38

thats a bit low, I would like them to feel it a little. They also spelled the band's name wrong.

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

11/01/2006 01:52:08 PM · #39

Originally posted by Jmnuggy:

They also spelled the band's name wrong.

Now that might be worth $10,000 ... : )

fotomann_forever

11/01/2006 01:52:52 PM · #40

Originally posted by GeneralE:

About $50 is what I generally charge for such use.

Canon EF 17-40mm f/4.0L USM

11/01/2006 01:55:11 PM · #41

pretty terrible editing on the yearbooks part. The section dedicated to bands that graduated and are doing well, had mispellings in two of the three bands they used, and the other band, the way they put the photos in, 2 band members get cut off from each photo.

HA HA.

LoudDog

Canon EOS-350D Rebel XT

11/01/2006 02:40:58 PM · #42

Just a question, are the photos in question an advertisement for the band? Either a flyer or a poster? Are there any words or the band name on the photo?

Are the copyright rules different for an advertisement? I may be wrong but I think it's okay to republish a public advertisement without permission?

fotomann_forever

11/01/2006 02:51:45 PM · #43

Originally posted by LoudDog:

Are the copyright rules different for an advertisement? I may be wrong but I think it's okay to republish a public advertisement without permission?

Wanna try that with a Coca Cola or Budweiser ad? Put one on a poster, start selling them and let me know how that works out for ya ;-)

Canon EF 17-40mm f/4.0L USM

11/01/2006 02:53:39 PM · #44

the photos are from the live show photo gallery on the website. its not an ad, just photos of them playing various venues.

LoudDog

Canon EOS-350D Rebel XT

11/01/2006 04:29:24 PM · #45

Originally posted by fotomann_forever:

Originally posted by LoudDog:

Are the copyright rules different for an advertisement? I may be wrong but I think it's okay to republish a public advertisement without permission?

Wanna try that with a Coca Cola or Budweiser ad? Put one on a poster, start selling them and let me know how that works out for ya ;-)

After a little digging, yes advertisements are copyrightable.

However: These guys seem to think it's odd to claim copyright to something that you want to freely distribute to as many people as possible (they take 22 pages to state that!). That was my thinking.

But this has nothing to do with the topic...

hankk

Canon EOS-5D

Sigma 24-70mm f/2.8 EX Aspherical DF for Canon

11/01/2006 04:38:24 PM · #46

What's the school's policy on plagarism?

IMO, plagarism and copyright infringement have something in comon.

BTW, did they take a 72dpi web pic and print it at a large size? I'd be concerned about the quality of the photo in print just out of concern for my work. Whichever department head the yearbook team is under should also be concerned with quality control. (Unless its Business Administration :-)

Olympus 12-60mm f/2.8-4.0 Zuiko

11/01/2006 04:49:11 PM · #47

when I was there plagirism got you kicked out of school. I don't want anyone kicked out I just want to be paid.

Finally someone asked about the 72dpi...Here is the story. When I first started giving them photos, I would give them a CD w/ a bunch of images and let them pick which ones to post on the site and which to use for posters. The CD contained all high res photos becaues they may print them. Some of the older galleries, the photos on the site are actually high res. The more recent galleries are 72dpi because I now have a band email and I send them already sized and ready to go for the website.

I know I kind of asked for this to happen eventually, but you still can't steal. I really don't mind that people may have downloaded and printed a photo, but this yearbook is being sold for a profit to the entire student body and they never asked if it was OK to use my images. They also spelled the band's name wrong so they are pissed too.

zanfar

Olympus E-3

11/01/2006 05:08:24 PM · #48

Please let us know how they turned out, I'm seriously curious about the After-Action Report.

violinist123

Canon EOS-6D

Canon EF 24-70mm f/2.8L USM

11/01/2006 05:14:29 PM · #49

Originally posted by Jmnuggy:

I really don't mind that people may have downloaded and printed a photo

High up on the list of things not to publically proclaim when considering copyright infringement litigation against an organization...