Can I request payment?

Discussion in 'Digital Photography' started by SayCheese, Nov 12, 2009.

  1. SayCheese macrumors 6502a

    Joined:
    Jun 14, 2007
    Location:
    Thame, Oxfordshire, England
    #1
    Hi all,
    I have a query. I took some images last weekend of a fireworks display and then after editing them, contacted the local papers to see if they would be interested in them.
    Funnily enough the papers said yes they would be.

    I told both papers when I spoke to them that I would be happy to provide the images for free as long as I got a photo credit. Now one of the papers has used the images with a photo credit, no problems there.
    The other paper, which came out this morning, published two of the images I submitted to them without any photo credit or mention of my name whatsoever.

    I am going to ring the journalist who has used the images and express my great displeasure. However am I also within my rights to now demand some form of payment for the images?
    The exact text included in my email along with the images was "I am happy to provide these images in exchange for a photo credit".
    As I see it, no photo credit, no images should have been used. They have used them, so payment of some form should be due.

    Opinions please.
     
  2. GoCubsGo macrumors Nehalem

    GoCubsGo

    Joined:
    Feb 19, 2005
    #2
    I don't know the legal aspects of demanding payment in exchange for not honoring your original deal, however, I think that not crediting you can be seen as being damaged. Meaning, your work is published and under normal circumstances you would have been paid whether it was monetarily or not. Some form for "payment" was expected. My guess is the editor doesn't know of the issue and the journalist screwed up. Most likely they'll offer a correction in tomorrow's paper. It is not nearly as effective but it's what they can do.

    Are you within your rights to demand payment? Sure, everyone has a right to make a demand. Whether you get it or not is another story. My guess is you won't see a dime as a correction on page 10 is cheaper.
     
  3. Doylem macrumors 68040

    Doylem

    Joined:
    Dec 30, 2006
    Location:
    Wherever I hang my hat...
    #3
    The only words of yours that anyone heard were "for free" (local newspapers are having a tough time right now...). I'd put this instance 'down to experience'; next time negotiate a fee before use (even if, as is likely, it won't be very much). You can spend $$, but not a photo credit... ;)
     
  4. davegregory macrumors regular

    Joined:
    Jul 7, 2009
    Location:
    Burlington, Ontario
    #4
    I don't know the laws in the UK. But, in Canada, even if you give someone the right to publish your work for free and give up your copyright to the image. You still ALWAYS have moral rights to the work. Your moral rights dictate that you are entitled to be associated with that image for ever. You cannot give up your moral rights to your photographs. Does this mean you're entitled to damage compensation? Could be. However, if you haven't filed the work with whatever governement agency is in charge of copyrights in GB then it will be a tough case. I would simply ask the paper to print a correction stating that you were the photographer of the image used on such and such a date. Then don't ever publish a photo with that paper again. Only with the other local paper.

    For future reference. Get everything in writing (i.e., what your expectations are for having this published, and what has been agreed upon), it's just easier.
     
  5. Doylem macrumors 68040

    Doylem

    Joined:
    Dec 30, 2006
    Location:
    Wherever I hang my hat...
    #5
    This isn't really about 'moral rights'; it's about three overworked people crammed into a tiny office, trying to put another issue 'to bed', in the knowledge that the paper might go bust at any moment.

    Instead of giving them a hard time, and going to the Court of Human Rights, use this as an opportunity to chat to the editor about some future paid projects. He owes you five minutes of his time... :)
     
  6. SayCheese thread starter macrumors 6502a

    Joined:
    Jun 14, 2007
    Location:
    Thame, Oxfordshire, England
    #6
    I think I might just do that. If I can get a future paid project out of it then it would be better all round.

    I'm just more than slightly annoyed that there is no photo credit in with the images. I have supplied this paper in the past and they have always honoured the agreement before.
     
  7. joro macrumors 68020

    joro

    Joined:
    Jun 11, 2009
    Location:
    NOVA
    #7
    I agree here. You do indeed have a right to pursue damages for them using your photo incorrectly; however, honestly the time and possibly money spent to get a relatively small judgment most likely won’t make sense for you. I think, as doylem said, strike this up as a learning lesson, move on, and keep taking awesome pictures! :)
     
  8. Consultant macrumors G5

    Consultant

    Joined:
    Jun 27, 2007
    #8
    Standard way of publications are to include photo credit. Unusual.

    I would also put things in a written form next time.
     
  9. FrankieTDouglas macrumors 65816

    Joined:
    Mar 10, 2005
    #9
    I'd get over it. Be happy your images ran in the paper, put it on your resume, and keep shooting for more stuff to be published. I've had photos run front page on newspapers and in international magazines. For the newspaper, unless the photo was for an article actually pertaining to me, I got a credit maybe 50% of the time. Besides, honestly, even if you didn't get a photo credit for one image in a newspaper, if you polled 100 people who read the paper and asked them if they saw a credit, many wouldn't even know it was or wasn't there because no one reads that text while browsing a newspaper for the article text they're actually interested in.
     

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