my work was published, but i have some ?'s

09/28/2006 01:16:19 AM · #1

The band was on tour and I ended up snagging an off day with them and shoot promo pics just for the hell of it. I thought, maybe they would put them on their myspace or something. I edited the pictures, and sent them to them. I didn't think much of the pictures at the time, but it turns out, they loved them, and they ended up getting used onSPIN.com, AP Mag (online), and they are going to be printed in the new issue of AP (alternative press magazine} that comes out in four days.

Now don't get me wrong, I am super stoked that they are being used, however, the band sent me a message saying that the pictures in the magazine were not credited, and when I looked at the websites, and they were not credited either, I was a little bit bummed. All this work? no credit? shuxxxx

Now, my questions are what can I do to make sure my work is a) credited b) not taken for free by a magazine ( that i am sure pays money for other pics) and c) used without my knowledge.

I hope that wasn't too confusing

fotomann_forever

09/28/2006 01:21:41 AM · #2

Originally posted by Elmakias:

Now, my questions are what can I do to make sure my work is a) credited b) not taken for free by a magazine ( that i am sure pays money for other pics) and c) used without my knowledge.

I hope that wasn't too confusing

Not confusing at all. The simple answer is that you need to have a written contract with the band for any photos you shoot of them stating your "demands".

As far as this band goes, it may not be too late to get them to work with you to make sure future use of the photos is creditted, payed, etc.

09/28/2006 01:23:34 AM · #3

Thanks man, sounds good, that was easy enough

Edit: Do i make the contract? Or is there like a set one...how do i go about obtaining a contract?

Message edited by author 2006-09-28 01:24:04.

09/28/2006 12:44:47 PM · #4

You have a copyright on the images (unless you explicitly gave it up). You may not have registered that copyright, so there is some limitation to how much you can recover.

Contact the magazine's legal department immediatly and disclose the infringement of your copyright. Then ask for what you want (money? credit? etc).

Also, it may not be too late to register a copyright on the images. It costs $45 -- see //www.copyright.gov/register/visual.html

Physics_Guru

Canon EF 28-135mm f/3.5-5.6 IS USM

09/28/2006 01:26:20 PM · #5

You can register for the copyright at anytime but since the photos have already been publically displayed you cannot win any money from legal action. However, you can win an injunction against them using the photos in the future and things of that nature... just no money can be awarded because you didnt file the copyright before the infringement.

That being said... you own the copyright unless you signed something giving up that right. This means that the magazine and band can be told to stop using the images or meet your criteria for their use or you have legal grounds for making them stop using them.

I would send the band, the magazine, and the websites a nice letter, in writing, that they are in violation of your copyright on the photos and that you are requesting that they stop using the photos immidiately OR meet the following criteria: (list your criteria here).

Personally, I would ask that credit be given under the photo for every place that it is used and if it appears in album covers that your name be listed in the credits. If you have a website I would also ask for that to be included as well.

MAKE SURE THAT YOU STATE IN THE LETTER THAT EVEN IF THEY MEET YOUR CRITERIA THAT YOU STILL HOLD THE COPYRIGHT!! Something to the effect of, "I shall continue to hold the rights to these images under this agreement and am granting you limited useage rights to the images as follows: (define what they can and cannot do with the images here)."

If they ignore you and continue using the images then you can retain legal council and file a legal case against these parties to make them stop using the photos or conform to your criteria... but again, no money can be awarded since you didnt file the copyright in advance so you're paying for the lawyer out of pocket.

Hope this helps...

PSUlion01

Canon EF 24-70mm f/2.8L USM

09/28/2006 02:47:01 PM · #6

Does this mean that one needs to drop $45 for each image they want to copyright? Does this need to be done, or does one naturally (and legally) own the rights to their material without the government copyright filing? Just trying to understand the legal issues here in the event that images are ever sold (i.e. prints at an art show, stock photos, photojournalism for newspapers, etc).

Canon EF 70-200mm f/2.8L IS USM

09/28/2006 05:22:57 PM · #7

Check out //www.copyright.gov/circs/circ40.html

You can register two or more works as a collection.

Note that the docuement states that "A public display does not of itself constitute publication."

In any case, you said the magazine had not yet come out (the pics were on a web page).

I'm not a lawyer, so take this with a grain of salt (and contact your lawyer if your in doubt). If you want to do this "on the cheap" and just want recognition, I suggest registering your collection and contacting the magazine's layer (look at the masthead of the magazine for this info) by phone, follow up with a fax. You can tell them that you have registered the collection with the copyright office (you don't have to say when you did it :-) If you want money, or the recognition is worth a lot to you, have your laywer call thier lawyer--this will make you seem serious.

Message edited by author 2006-09-28 17:24:46.

C-Fox

Canon EOS-20D

09/28/2006 05:34:59 PM · #8

On the bright side you can add these pictures as published picture to your photo profolio. You did the work for free, and it is getting seen by more people then you expected. An easy way in the future to avoid this problem is to put a little "@Name here, date" on the bottom of your pictures, and people (being most lazy) will either a) leave it on, or b) if they don't want the copyright find another picture to use, or c) contact you.

dacrazyrn

Nikon D300

Nikon AF-S DX NIKKOR 18-200mm f/3.5-5.6G ED VR II

09/28/2006 05:40:51 PM · #9

Originally posted by hankk:

Check out //www.copyright.gov/circs/circ40.html You can register two or more works as a collection.

IE: Hundreds at a time.

GeneralE

Canon PowerShot S3 IS

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

09/28/2006 05:53:19 PM · #10

Besides the Copyright Office (previously-linked) you might want to get a book on copyright from Nolo Press.

If you submit a batch of originals on DVD (e.g. a month's worth), any subsequent (edited) versions of those images will *probably* be protected by reference and not have to be re-registered individually.

In this case, I don't think you have too much grounds for infringement, since you sent them the images unsolicited and without preconditions attached.

Maybe you can make up new copies with a discreet credit/copyright line added and send them those and see if they'll substitute the images. That way no one has to recode the website, just re-upload the images to replace the first ones.

Physics_Guru

Canon EF 28-135mm f/3.5-5.6 IS USM

09/28/2006 07:15:43 PM · #11

You can copyright multiple photos as a collection as a previous poster said. However, if you submit all of your photos from 2005 under a single group and one of them is used without your permission, you have to convince the judge that the one photo being used violated the ENTIRE collection. If you are a simply family photo guy then this is not a big deal. However, if you are doing more series amatuer photography, semi-pro, or pro work then this is a BIG deal. I was told the safest things for me to do legally is to send in all my photos as one huge collection AND to send in the best ones that I plan on displaying, selling, ect. as a smaller collection so that it is easier to justify the violation of the smaller group than the larger. If you end up getting 'THE' shot then you want to submit that one by itself for maximum protection.

The fact of the matter is that protecting yourself legally with officially filed copyrights is important if you make your living doing photography. In some cases the licesing of a single photo can be detrimental in a photographers ability to provide food for his family. In other cases the loss of revenue from a violation of copyright has no real affect on the photographer at all. You just need to determine to what level your photography is and how much you have to lose if your work is violated.

All of the information I am providing came to me from my lawyer. If you are seriously in need of getting credit for those pictures I would contact a lawyer soon. If not then I would go the route I suggested above. Either way, you cannot receive any money by suing or other legal action since you did not file an official copyright on them prior to the violation occuring. You can threaten and try to strong arm them if you blow off your initial letter but if they know the law then they know the most you can do is get the legal system to make them stop using the images... unless of course they do not know that you didnt file officially and then you have a lot more bargaining power. :)

10/01/2006 08:36:11 PM · #12

First off, this is all new to me, i never even knew you had to copyright images, I guess im jsut a little behind the gang.

however, now i have a few questions

Originally posted by GeneralE:

If you submit a batch of originals on DVD (e.g. a month's worth), any subsequent (edited) versions of those images will *probably* be protected by reference and not have to be re-registered individually.

why only probably?
I guess i dont really understand on how you can write a whole book on copyright?
But from what im getting through this thread, you just have to send photos in and they copyright them?

maybe ill just buy the book...
well any and all comments are welcome
thanks guys

10/02/2006 05:03:08 PM · #13

Originally posted by GeneralE:

In this case, I don't think you have too much grounds for infringement, since you sent them the images unsolicited and without preconditions attached.

The OP sent them to the band, the band distributed them to the magazines.

Sigma 30mm f/1.4 EX DC HSM for Nikon

10/02/2006 05:08:05 PM · #14

Originally posted by Elmakias:

First off, this is all new to me, i never even knew you had to copyright images, I guess im jsut a little behind the gang.

however, now i have a few questions
Originally posted by GeneralE:

If you submit a batch of originals on DVD (e.g. a month's worth), any subsequent (edited) versions of those images will *probably* be protected by reference and not have to be re-registered individually.

why only probably?

the edited version would be considered a derivative work, which (I think) would be covered under the original copyright. If there's a lot of editing, including adding things, etc, it may become an original in its own right.

Originally posted by Elmakias:

I guess i dont really understand on how you can write a whole book on copyright?
But from what im getting through this thread, you just have to send photos in and they copyright them?

maybe ill just buy the book...
well any and all comments are welcome
thanks guys

One book is probably not enough to completely explain copyright law. But its a start.

AFIK, you have a copyright as soon as you take a picture (in the USA). You can sue for infrigement, but are limited as to what you can recover. If you register the copyright, you can sue for more money, including costs.

From //www.copyright.gov/fls/fl124.html

Cautions about group registration: If infringement of a published work begins before the work has been registered, the copyright owner can obtain the ordinary remedies for copyright infringement (including injunctions, actual damages and profits, and impounding and disposition of infringing articles). However, the owner cannot obtain special remedies (statutory damages and attorneyâ��s fees) unless registration was made before the infringement commenced or within 3 months after first publication of the work.

This seems to say that even if you haven't registered your copyright, you can ask for impoiding and disposition of the infringing articles (ie the magazines).

Message edited by author 2006-10-02 17:18:03.

ShaneBlake

Nikon D7100

10/02/2006 05:09:00 PM · #15

if what you're really after is a little credit, one easy way to get it is through the band. they have a website linked... have them put up an announcement that the photos in spin were taken by you...

then, anyone interested enough in who took the shots could easily find you...