Published images not credited

[TootysMom]

I've been doing freelance work for a local community magazine and in the most recent Summer issue, some photographs I did for an the outdoor dining article, were published and my name was not mentioned ANYWHERE. I immediately contacted the editor and she said it was an oversight on her part, she was doing a last minute edit on it late at night and missed including my name. I'm really ticked off. Is there anything I can/should do about this...or should I just let it go? This gig doesn't pay a whole lot, but it's a good way to get my name out there...but if I'm not being credited for the work, then what's the use.

Here's some of the verbage from the contract I signed:
___ Magazine, ____Magazine and ____Magazine (hereinafter known as Company) will pay for original photographs (hereafter, the “Work”) upon publication in our magazines in accordance with guidelines of this document.

The Work will be a work made for hire under the U.S. copyright laws and owned by __ Magazine. You agree to give ___ Magazine the right to publish, reproduce, and distribute the Work in print or in electronic form, or in CD-ROM, online, or similar format. The Work may not be used for any reason hereafter or distributed or sold to any third parties, customers, or subjects for any purpose. If the Work is sold, photographer agrees to compensate company appropriately.

You warrant that the work submitted under this agreement is your original work and that it has not previously been published, and that its publication will not violate any copyright or other right of any third party.

So what are your thoughts on this...what would YOU do? :)

[J Eddington]

Maybe I am missing something. No where does it say they will give photographer credit, in fact if YOU sell the image YOU have to pay the magazine! They own the the work and you give them permission to use.

[TootysMom]

Janice,

You're not missing anything....that's correct, I guess I was just under the impression that even though they owned the image, they still had to give credit to the photographer.

[J Eddington]

Not unless it is in your contract with them.

[texkam]

she said it was an oversight on her part

Maybe she'd be willing to give you credit more prominently the next go around. (larger font, placement of credit line, etc.)

[DavidsStudio]

Originally Posted by TootysMom

The Work will be a work made for hire under the U.S. copyright laws and owned by __ Magazine.
So what are your thoughts on this...what would YOU do? :)

Under the work for hire provision you quoted, they own the image and the copyright. Based on the language you provided, there was no obligation for them to credit you as the photographer. What you got was money for shooting the shot ... in other words, you got what the contract provided for.

Your options are limited in this case because, most likely, there is another provision in the contract that says something to the effect that "this contract sets forth the entire agreement between the parties." If you are going to sign a contract related to your work, never assume that something is included, such as shooter credit, unless it is specifically set out in the document.

It is a hard lesson.

David

[CaptainTom]

This is the real world of the professional photographer. You get paid for your work. If they give you credit, even better. But, I've been published many many times with no credit line.
Just get a tear sheet and put it in your portfolio.

If you require to see your name printed, modify the contract if they will agree.

[TootysMom]

Thanks everyone for your comments and suggestions!