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If a online magazine wants to publish my photo, should I just say yes?

I upload all my photos through flickr so that's where they are hosted and I have set the default licence to "Attribution-NoDerivs Creative Commons" which I hope means that it can be be used commercially and non comercially but not altered and credit always has to be given to me.

This appears at the bottom of the right sidebar next to my image so hopefully that is enough?

I would probably never have some of the exposure that your photo's have been getting recently but it is worrying that there is essentially nothing that can really be done!
 
acearchie said:
I upload all my photos through flickr so that's where they are hosted and I have set the default licence to "Attribution-NoDerivs Creative Commons" which I hope means that it can be be used commercially and non comercially but not altered and credit always has to be given to me.
Click to expand...

I put a photo set on Flickr and within a day I found many of my photos ripped off and reposted on another Flickr page and more. I sent complaints and got replies back that went something like "I don't know what you're complaining about, but I'll give you credit if it'll make you feel better!"
 
Sorry to hear what's happened mtbdudex.

I have the opposite problem. I wanted to use a picture I found on the web in an audio-visual presentation I'm doing locally. It's up with Visual Photos but when I looked, with a view to licensing it, it said "RESTRICTED this image is NOT available for licensing in your country." :(
 
mtbdudex said:
...
Should I:
  1. send them a cease email?
  2. try and get a few $ from the 64 un-authorized downloads? ($0.50/each, $32 total??)
  3. Not worth time pursuing?
.....
Click to expand...

if you don't want them using your photo, then definitely tell them to stop.

But consider registering your copyright with the copyright office before sending them the "cease and desist" letter. Besides telling them you're the owner of the copyright and that they are to remove the image immediately, remind them that the copyright laws include statutory damages for copyright infringement of registered works.

Your actual damages in this case are pretty minimal so the threat of going after statutory damages can be more effective.........of course you could not register the photo and just bluff them :D

After that, it becomes a matter of how much time and money do you want to put into getting them to stop.
 
I found the image in question on Photoverse today. It's an iPad app that is sort of a digest of links to photo blogs and the like. The link that published the shot is called Peta Pixel. It is credited to <real name> mtbdudex. The source is the photo group Astronomy Photo of the Day (APOD). Full credit is given to the photographer and it is stated that it is used with permission. With what I read here, I wanted to get this into the discussion.

Here's a link to the App page at Apple

Dale
 
Designer Dale said:
I found the image in question on Photoverse today. It's an iPad app that is sort of a digest of links to photo blogs and the like. The link that published the shot is called Peta Pixel. It is credited to <real name> mtbdudex. The source is the photo group Astronomy Photo of the Day (APOD). Full credit is given to the photographer and it is stated that it is used with permission. With what I read here, I wanted to get this into the discussion.

Here's a link to the App page at Apple

Dale
Click to expand...

Thx Dale, I "ok'd" Mike Z to post that on his site specifically in email just this morning after 1 week of back-forth, http://www.petapixel.com/2011/08/19/beautiful-long-exposure-shot-of-fireflies-and-star-trails/
and there's a link for getting people who are interested in buying prints / licensing the image.
(my email for now, shortly Photographers Direct + other)
I'm trying for win-win with these people, those that ask me.
That did NOT allow other tagged links...

Those show me credit, but no link on how to contact me?
Not happy...:(

I'm so cheap, that app is $0.99, not free......
 
Went back to my iPad after my earlier post and realized the your image is my home screen... I got from the APOD app that I check about every day for new images for my home or lock screens.

Sheepishly yours,

Dale
 
I thought interest in my NASA APOD image died, a few days ago I got email from The WSJ saying they wanted to use it.

After emails back/forth, and phone discussion earlier today, it will be ran in this upcoming Saturday WSJ paper(Nov-19) and online that day, $100 USD for limited usage.

I need to send them W9 form.
My 1st sale!
Dinner for the family!

I asked for their std terms/contract, and got this response, what are my risks in proceeding based on the below?
Hi Mike. I don’t have a formal contract but below the standard terms:

You grant us one time, non-exclusive use for your photograph to run in all WSJ editions with the book review on astronomy. The image will run ¼ page or smaller on an interior page in our Review section in the Saturday, Nov. 19 edition.
For this use we will pay you a $100 license fee.

Regards,
K
Click to expand...

I like the simplicity of it.
They use it once for $100 USD, print and online.
 
Last edited:
Thx Dale, I'm doing some PP on the image and submitting tomorrow.
Also, tweaking "agreement" between WSJ and myself, here is the latest
(this may help others)

Michael Rosinski grants the WSJ a one time, non-exclusive use for the photograph “A Summer Night's Dream” to run in all WSJ editions (paper and online) with the book review on astronomy “xxx xxx xx the xxxxx Sky” by xxxx xxxxxxx.
The image will run ¼ page or smaller on an interior page in the WSJ Review section in the Saturday, Nov. 19 2011 edition.
For this use WSJ will pay Michael Rosinski a one time $100 license fee, with the words “Image Credit & Copyright: Michael Rosinski” next to the photo.

Other:
1. Payment terms – Check mailed to Michael Rosinski within 7 days after usage.
2. Copyright - Michael Rosinski retains all copyright and only gives permission for use as stated.

Can we also agree:
The online image will be kept secure and non downloadable, and displayed at 1024pix max size.
(to deter un-authorized usage)
Click to expand...

anybody have fresh eyes on the above?
 
mtbdudex said:
Thx Dale, I'm doing some PP on the image and submitting tomorrow.
Also, tweaking "agreement" between WSJ and myself, here is the latest
(this may help others)



anybody have fresh eyes on the above?
Click to expand...

Looks good to me- I'm surprised they don't want to be able to use it for archives too. Good deal.

Paul
 
compuwar said:
Ask them to send you a copy.

Paul
Click to expand...

Hey Paul, I got one from Starbucks (they sell it nationwide), my wife snapped this via iPhone/facebook.
It was actually bigger than I thought it would be.
381347_2684462319002_1909031203_n.jpg


For the record, I did additional PP on this image:
-removed 40-ish hot red/green pixels spots
-tweaked the image via curves

it has more pop than the original NASA APOD did, that was a quickie dump the 370+ images and process them overnight thing.
 
Last edited:
mtbdudex said:
Hey Paul, I got one from Starbucks (they sell it nationwide), my wife snapped this via iPhone/facebook.
Click to expand...

Awesome! Now practice saying in a snooty accent "Oh, I only submit to the Journal." Use that voice that people who can't light a candle with a flamethrower use to say "I only shoot in natural light!" ;)

Newsprint sucks for longevity- I'd get another copy to preserve if you're going to keep it long-term.

Paul
 
Fascinating read, congratulations! I think it's fair and fitting that if you produce good work (photos etc.), you are suitably compensated. But this is definitely a relevant topic for those of us that are looking to make a financial return on our art - a sticky would be great.

Again though, that's awesome getting your image printed in the Wall Street Journal!
 
Wow, congratulations on the sale! This is something you'll remember all your life, that's really awesome.
 
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