My December Free Study is in the paper :-)

Pentax D-FA* 70-200mm f/2.8 ED DC AW

01/09/2009 08:04:14 PM · #1

I sent in some of my series of shots to the local paper for our town of about 155,000. The paper invited readers to submit their favourite wintertime photo, so I sent in my FS entry, but also several of the others from the series.

I had no idea they were going to run it, and they even liked them enough to not only print one, but refer readers to another page in the paper with more of my shots. So I got over half a page to myself, including a nice write-up and my name mentioned three times, I think.

Things are going to start happening now! (...one of my favourite lines from the movie, "The Jerk")

But now, much to my chagrin, looking at their website... photogallery... photos 6 to 9, I see they are selling digital copies of my photos and reprints for $20 each. So I'm pretty pissed now. There was no notice of this to me in any way. I simply wrote in to the editors email address which was given to send the shots to. Frack!

K3Master

Pentax K-3

01/09/2009 08:06:18 PM · #2

Originally posted by Strikeslip:

Oh, aye. You have to be very careful to research the copyright issues when you send photos into any publication.

Canon EF 24-70mm f/2.8L USM

01/09/2009 08:30:35 PM · #3

Ugh. It's probably some automatic script to offer any shots they have up for sale.

I emailed him asking politely that they refrain from selling my work. Of course, I miss-spelled copyright as copywrite and didn't realize it until after I hit Send. I'm such an idiot! :-D

Ivo

01/09/2009 08:53:27 PM · #4

So if I buy the photo from them for $20 each and then resell them back to you for say .....$30, do I ask your permission or theirs to do so?? ;-)

smurfguy

Canon EOS-5D Mark II

01/09/2009 09:04:13 PM · #5

I'm gonna buy a digital copy and start selling it on Alamy. =D

Actually, I saw a sweet video of some guy who actually did this.

Nikon D200

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

01/09/2009 09:05:22 PM · #6

Yay! Then boooooo.

LadyK

Canon EOS-5D Mark II

Canon EF 24-70mm f/2.8L USM

01/09/2009 09:28:34 PM · #7

NO way are they selling your photos. go pitch a huge fit right now!!!
i would be soooo freaking pissed

Message edited by author 2009-01-09 21:28:45.

JimiRose

Nikon D90

Nikon AF-S DX 18-105 f/3.5-5.6 ED VR

01/09/2009 09:48:07 PM · #8

Originally posted by smurfguy:

Actually, I saw a sweet video of some guy who actually did this.

That is a SWEET video.

Nikon AF-S DX Zoom-Nikkor 18-55mm f/3.5-5.6 ED

01/10/2009 04:01:32 PM · #9

This is disturbing to me because a similar shot I posted about here a while back was the one a calendar company paid me $320 for the one-time printing rights.

Who's going to pay me $320 when they can buy the file from The Post for $20?

BeeCee

Nikon D40

01/10/2009 04:19:25 PM · #10

Mainly, congrats on the coverage. That's exciting! :D

But now you need to quit telling people about being able to buy it from them. If nobody knows they'll still pay you the big bucks instead of paying them the small change.

I'd definitely scour everything to see if there was any fine print you missed before you submitted the shots. I know the reason they sell shots is so that mom and dad can get the picture of junior playing soccer, but there must be limits, right?

eta; I just read the agreement that our local paper requires be signed and it gives the usual that you give them permission to use it in any of their publications, online or in print, as they wish, but doesn't say anything about giving them permission to sell it to anyone else.

Message edited by author 2009-01-10 16:39:32.

GinaRothfels

Olympus OM-D E-M5 Mark III

Olympus 8mm f/1.8 M.Zuiko Digital ED Fisheye PRO Lens

01/10/2009 04:28:00 PM · #11

Originally posted by Strikeslip:

But if they buy the file from The Post, does that give them the right to use it commercially? That surely can't be the case.

fixedintime

Canon EOS-350D Rebel XT

Tamron AF 18-200mm f/3.5-6.3 XR Di II for Canon

01/10/2009 04:33:47 PM · #12

Good photos. The way I read what I could find at their site they only ask you to submit your photos. I did not find anything one permissions to use, although I suppose you have to assume you are giving them permission to post the image in the area the requested the images.

I think you have two quick option. The first you have already done, and that is the email to them letting them know they cannot sell your images. The second is to contact the ISP where their site is hosted and let them know that they are selling your images without your approval and ask that they, the ISP, take down they take appropriate actions until the situation is corrected. It is likely that based on your experience that the paper is doing wholesale copyright violations with most of the images they are selling. I would also be asking the paper for the money to cover the price you would have sold your images for - that is don't let them get away with whatever profit they have already made from your images.

fixedintime

Canon EOS-350D Rebel XT

Tamron AF 18-200mm f/3.5-6.3 XR Di II for Canon

01/10/2009 04:41:59 PM · #13

Originally posted by BeeCee:

From what I could find they only tell you that if you want to submit a photo e-mail them a copy and that it has to be of some minimum size. You can certainly say that gives them permission to post the image, but it a stretch for anyone to claim they can turn around an sell copies.

BeeCee

Nikon D40

Nikon AF-S DX Zoom-Nikkor 18-55mm f/3.5-5.6 ED

01/10/2009 04:55:53 PM · #14

I had to pretend to want to buy a print to get taken to their legal page.

"MATERIALS PROVIDED TO NiagaraThisWeek.com- Metroland West Media Group OR POSTED AT ANY NiagaraThisWeek.com- Metroland West Media Group WEB SITE

NiagaraThisWeek.com- Metroland West Media Group does not claim ownership of the materials you provide to NiagaraThisWeek.com- Metroland West Media Group (including feedback and suggestions) or post, upload, input or submit to any NiagaraThisWeek.com- Metroland West Media Group Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting NiagaraThisWeek.com- Metroland West Media Group, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. NiagaraThisWeek.com- Metroland West Media Group is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in NiagaraThisWeek.com- Metroland West Media Group's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions."

I don't see the word "sell" in there... though I guess using the word "including" allows them to claim that they haven't EXcluded the possibility, just didn't list all possibilities of what they're allowed to do...?

Mephisto

Nikon Coolpix A

Panasonic Lumix G 14mm F2.5 ASPH

01/10/2009 05:10:20 PM · #15

Originally posted by BeeCee:

I don't see the word "sell" in there... though I guess using the word "including" allows them to claim that they haven't EXcluded the possibility, just didn't list all possibilities of what they're allowed to do...?

i think the word "distribute" means "sell" in their means.
these f$§%!kers tricked you good...

LadyK

Canon EOS-5D Mark II

Canon EF 24-70mm f/2.8L USM

01/10/2009 05:28:43 PM · #16

Originally posted by Mephisto:

Originally posted by BeeCee:

I don't see the word "sell" in there... though I guess using the word "including" allows them to claim that they haven't EXcluded the possibility, just didn't list all possibilities of what they're allowed to do...?

i think the word "distribute" means "sell" in their means.
these f$§%!kers tricked you good...

and produce. that could mean they can print to sell. man that really sucks, id be furious

fixedintime

Canon EOS-350D Rebel XT

Tamron AF 18-200mm f/3.5-6.3 XR Di II for Canon

01/10/2009 08:34:27 PM · #17

The stuff may all be on the legal page, however there is no link to that page from their homepage, from the page they show and sell the images, or the page they ask for the upload. So I suspect any halfway decent lawyer would have a field day with them. It would be very difficult for them to argue that you agreed to any legal terms when they are well hidden and you are never presented with them without a concerted search. The page where they show the images and frequently ask for uploads simply states that you should email them a copy of a certain size, nothing more.

jtlee321

Nikon D300

Nikon AF-S DX Zoom-Nikkor 17-55mm f/2.8G IF-ED

01/10/2009 08:50:53 PM · #18

Has anyone bought a copy yet? I am wondering if the "Digital Copy" is a PDF file of the article that ran in the paper. I would also guess that a "Reprint" would be a hard copy of the Article that the images ran in. It is just a possibility to throw out there IMOA.

Judi

Canon EOS-5D Mark III

Canon EF 17-40mm f/4L USM

01/10/2009 08:55:25 PM · #19

Whenever I supply images to the paper (upon their request) I always include a file stating that under no circumstances are these images to be reproduced or shared in any form without prior written permission from the photographer. They know that I will not hesitate in legal action if they do.

I often send in people to their office check this is being adhered to.