Re: [Leica] WE WUZ ROBBED!

[henry <henry@henryambrose.com>]

About unauthorized use of photos:

When you do some "publicity photos" for someone, do you have anything 
written on paper explaining use? Do you have a contract with them? If 
not, you are going to have these things happen. Lots of people don't 
understand that they couldn't use the photo you made any way they wish. 
If you have an agreement on paper then it can be made clear.

DOING YOUR PAPERWORK IS A PROFESSIONAL WAY OF DOING BUSINESS

If it is a "publicity" photo then your client is probably going to want 
to use it for publicity. That would include press releases which would 
include use in the newspaper or magazine that picked up the story. That 
use is part of the deal. (unless you specifically state something else) 
In this instance the newspaper doesn't owe you a thing. Your client has 
paid you for that use. 

If you want credit lines then state that in the agreement. Additionally, 
to make it more likely to happen, produce the print with your information 
on the front that states acceptable use and the requirement for credit.

From a business standpoint, I would want my client to have lots of use 
from the photos I made for him. Make it clear what the uses can be and 
charge accordingly. Then you and the client both have a good deal - they 
get to use the pictures as they need and you get paid fairly.

Also remember to temper your reactions on this publicity thing. If its an 
act for a major label thats one thing, if its some guy playing gigs 
living out of his car, well you might want to offer him more gentle 
treatment and pricing. But whatever the deal, put it in writing.

Outside the above scenario, if the newspaper is using your photos without 
paying for them, thats another matter. Send them a letter stating your 
objections. In that letter state that they are violating your copyright 
and send them a bill for the use. Expect them to pay it! Demand that they 
pay! If they do it again, take them to court. 

Andrew, how did they get your pictures? Who gave them the pictures?


Henry



>
>> > Last year, an article about this fellow appeared in the local paper with
>> > some of my pictures.  I then fussed at him and reminded him that the B&W
>> > work I did for him was for use in his fliers only.
>> >
>> > On Friday, I called the magazine.   They must be used to this:  they put 
me
>> > through to the publisher, who was polite, took my information, and stated
>> > he had to speak with the author and would be back in touch with me on
>> > Monday (tomorrow, as I write these words).
>> >
>> > I suspect the magazine will apologize and offer a token payment.
>
>The Portsmouth Herald here in NH published not once, but twice, photos of
>mine without credit, against my specific instructions.  I was naive enough
>to accept it as a mistake the first time, but when it happened the second
>time I did everything from leaving voicemail (unanswered), talking to
>people on the phone, and I even went into the office in person -- and
>STILL got the "so what?" attitude.  I finally went up the chain of command
>right to the executive editor, who at least had the decency to listen to
>me, though he seemed really eager to get off the phone.
>
>Once I had hopes of working for that paper, and the photo editor even told
>me to send in a resume (which I admit doesn't necessarily mean much), but
>since then I never submit my work to them, and if I give anyone else my
>work that has a remote chance of ending up in a paper, I specifically
>instruct them to not pass it on to that paper.
>
>Ironically, the editor that made the two blunders had the nerve to
>write a column on the same day my photo ran, saying something to the
>effect of how she (and others at the paper) worked soooo hard for soooo
>little but they stuck to it because they loved the job.  Hmm....
>
>I don't like to cut off possible avenues of getting my work out there but
>there is a limit.
>
>--Andrew
>NO ARCHIVE
>
>
>