Newspaper printed my picture, problems ensue.

Nikon AF Nikkor 50mm f/1.4D

08/09/2008 06:48:20 AM · #1

I'll cut to the chase:

You know Big Brother? The reality show where a bunch of strangers share a house and it's filmed 24/7? Well, I know one of the guys who was in there (not any more) because we both worked for the same wrestling company for a while (i did all their promo shots and he was included). One of these shots was picked up by News Of The World and printed daily, ranm on their website as part of a banner ad and was used on posters for the paper too.

Good news, but I haven't been credited. This was all arranged under the premise of the CEO of said wrestling firm handling everything, being paid by the newspaper for "exclusive content" and divvying out money between me and some other guys who have pictures of him with the lion's share coming to me.

So: a few things have me puzzled and I have asked the CEO but with no reply as of yet and i'm not in the country.

1) I'm sure he has no right to offer "exclusive content" on something he does not have copyright to or of.

2) No money has appeared.

3) If i took this further and made a legal case of it (which i'm 90% certain I will unless there's some damned good mitigating circumstances), is the paper to blame, or the CEO for supplying the images?

BUT so you know: My friend called me up whilst in India and said if i email him the pictures ASAP, he'll send them to the CEO and then pay me from the money from the paper SO i handed over the pictures voluntarily which might cause some problems in hindsight.

What do you think?

Sorry if this is a bit scattered but i haven't slept in a long time :(

rossbilly

Nikon D200

08/09/2008 07:16:58 AM · #2

wait for the CEO to respond.

good = put money in bank
bad = contact lawyer

While you're giving it thought, consider alternate forms of compensation. Is there anything the CEO might be able to offer, besides money, that would make you happy? Example - local company needs 200 people photographed as they are boarding a river cruise boat. They couldn't offer cash, but found a way to offer us gift certificates to some outstanding local restaurants! Same value to me, and now I get to treat the family to some places we wouldn't normally afford.

best of luck; let us know how it turns out?

citymars

Nikon D700

Nikon AF-S NIKKOR 24-70mm f/2.8G ED

08/09/2008 10:12:56 AM · #3

Hey, Tez -- long time no see. Sorry to hear about your trouble. You might find it easier to deal with when you return home, unless that's too far in the future. I recommend not going on the attack (threatening legal action) unless all else fails. Btw, do you have proof that you took the photo? Is your friend trustworthy? How long has it been since they first used the photo?

Anyway, troubles aside, congrats on having your photo used!

- L.

08/10/2008 06:53:33 AM · #4

Larry :) Good to hear from you man, yeah it's been a while since i've been online here since i havent been able to contribute to anything...

Anyways, thanks for the replies.

Ross- the company can only offer me 1 of 2 things: merchandise (which I designed) and tickets (which i don't need) so no i dont think they can offer me anything. The work was done for free but the profits are shared so thats how i get commissioned for it so 'alternate forms of compensation' are hard to name. Your example was nice but not very relevant to my current situation but thanks for the thought!

Larry- i have proof since I have the raw file on my computer, i think its on my website and I have numerous saved versions of the original file with different edits so i have proof enough I think as the original file has time/date etc in the metadata, PLUS, I was asked for the pic... why ask me if someone else had it? And i wont return home for another year or so so thats looking a bit bleak too.

My friend is trustworthy, the CEO i'm not so sure of and it has been about 6 or 7 weeks since the photo was first used.

We'll see what happens: I sent an email to the CEO asking what was going on. I don't want to step on any toes or burn any bridges but i am prepared to play hardball since I know i'm in the right... we'll see how it goes though right?

Thanks again guys.

Imagineer

Canon EF-S 17-85mm f/4-5.6 IS USM

08/10/2008 11:49:51 AM · #5

I'd look upon this is 'good trouble' rather than 'bad trouble'! It's positive because you're in dispute over a loss of gain rather than an actual loss, so I'd stay out of court which always turns out to be a money pit. There's a wealth of routes to exhaust prior to going litigious â�� mostly simply letters stating your case. The CEO won't want to bother with legal stuff either so this is almost certain to result in a simple solution. I think you'll have to make very clear your points of contention (with relevant proof), state your desire to keep this amicable and point out how clear-cut it all is.

If necessary, you'll have to give a deadline to respond (7 days is normally fair) before you are forced to pursue it. You could then send a solicitor's letter which will cost a lot less then going for the legal jugular.

08/11/2008 08:37:38 AM · #6

Hi,

i totally agree- this is pretty good in the way that I was published, but im still wondering about the whole copyright issue with the paper printing one of my pics i did not give them permission to print.

I spoke to the CEO today and he said he would send me some money, which is a bonus I suppose, and I dont want to come across as greedy, but i thought it would be a lot more giving the extensiveness of the paper's usage of the picture.

But thanks for your thoughts and taking the time to post and i'll let you know what happens. I think it's a matter of if i want to pursue this further for potentially decent money, or let sleeping dogs lie and be happy with what i'm getting.

Its a tough life.

Prof_Fate

08/11/2008 07:13:53 PM · #7

Just because you took the photo doesn't mean you kept all the rights, exccusive or otherwise. You obviously gave some rights to the CEO to use the images for the wrestling, right? Is it in writing? If not it needs be- to the Nth detail - what can be done with the images, for how long, and at what price. If you gave them rights to use the image 'for promotion of the wresting organization' then giving the image to the paper could be considered just that and you're due no extra compensation.

Newspapers and other 'news' media don't pay much for images for news stories, and often nothing at all (they just give credit to the source of the image). Since you didn't give permission to the paper you don't know what was asked by them or said by the CEO.

Canon EF 100mm f/2.8 USM Macro

08/13/2008 05:18:18 AM · #8

well, youre right about nothing being in writing. It was a verbal, witnessed, agreement between us before this all started that i kept ALL the rights for the pictures and if anything was to be used, it would need to be with ym permission. This includes the pics on the ad posters, the merchandising etc and we arranged a split of the profits that seemed fair to both of us. Amicable like it should be. I suppose in legal terms we got around the copyright problem because of my verbal permission to use it for posters and for merchandise.

And since the CEO signed a deal 'for exclusive content' with a 3rd party that he hd no business signing for, that's where i get a little confused with everything. And i'm aware they don't pay much, but they didnt credit me either, nor did they ask MY permission to print it and nothing was ever signed (by me at least). So i was wondering if there is any copyright issue here i should be aware of.

Prof_Fate

08/13/2008 07:19:12 PM · #9

The newspaper probably got something from teh CEO that he had the right to give them the image so they're off the hook - the CEO is the one that's breeched your agreement, as you see it. He may not see it that way. You understand (and value) copyright, he may not.
I doubt he intentionally is out to hurt you in anyway. Perhaps you need to explain to him usage rights and have an agreement, in writing, that spells it all out. Not having things in writing is what causes more issues than you can imagine. It's not what you said, it's what he heard or thought you said or his understanding of it was such and such. Putting it in black and white for all to see solves this problem. It's to protect both parties.

Spork99

OM System OM-1

08/13/2008 08:49:38 PM · #10

Originally posted by Tez:

Well, you know what they say about verbal agreements: They're not worth the paper they're printed on.