Local paper selling my photos on the web

[RickD]

Had one of my images sent in to HCNonline.com to advertise an upcoming event. They gave me credit, but I also noticed that they are also selling my photos.

Is this normal practice for newspapers to sell photos that they don't own or have a release on file? It's one photo, but it's the principle.

[texkam]

Read the terms of use.

--- By submitting material to any public posting areas of these websites, such as any message boards, classifieds, forums, or community publishing areas, you agree that we (including our partners, agents, affiliates and service providers (collectively, 'Third Party Providers'), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose. ---

[PHOTO-DA]

Yeah there are more and more of these terms of use out there that try to take away the rights/copyrights of photographers ( have not heard of any good court cases fighting them either.). There are several Mags out there that run this scam but hide the "terms" deep in their statements and now there are more "contests" out there that even if you never won anything as long as you submitted something the want to grab the copyright and reproduction rights from the shooter.

Several threads here on the site talking about that.

[Ernst-Ulrich Schafer]

Did you sign your rights away when submitting your photo?

[RickD]

Originally Posted by Ernst-Ulrich Schafer

Did you sign your rights away when submitting your photo?

No, I didn't sign anything.

But supposedly the Terms and Conditions covers that, but I though that covers only submissions to their public posting areas, like a forum.

Asked for the paper to explain their policy but they never called. I've heard of this happening, but never to me, so I was surprised to see this.

[FireHeart Photography]

I am watermarking all images and posting a copyright notice on each image I am posting - did you post the image on their site? I would think they could use it - but not sell it... that crosses a line...

Id like to see it can you post a link?

[RickD]

Originally Posted by FireHeart Photography

I am watermarking all images and posting a copyright notice on each image I am posting - did you post the image on their site? I would think they could use it - but not sell it... that crosses a line...

Id like to see it can you post a link?

I usually watermark all online posting, but didn't think you needed it for the paper. I didn't post the image. It was emailed to the paper to advertise the contest. I'm not bent out of shape on this as I chalk this up to lessoned learned - you can't even trust the publishing companies. But here is the link nonetheless.

Marching bands to gather at Friendswood festival Oct. 1 - Your Houston News: News


-rick

[FireHeart Photography]

Okay so if it was me - I would write a letter telling them to stop selling the photos now. If not they will hear from your attorney - they have lots of other images up on the site that are not for sale... wow just irks me knowing they have taken advantage of you. I would also for future reference put into any email going out to any paper etc stating what they can and cannot do with the photo.

[Ernst-Ulrich Schafer]

Agree with Francie. I'd ride their a** until they realize you mean business. Of course you can't write a "Letter to the Editor" ;-) but if need be find other ways to get your point across and maybe some compensation.

[RickD]

Thanks for your encouragement. I did email them a letter yesterday, but they have not responded. May have to do a hard copy. I'll give it another day and see if I want to pursue a next course of action.

[SpeedRacerSlots]

Did you submit it to HCN directly?... or to MyCapture?
Your image is being sold by Second Street Contests and Promotions via their tool called MyCapture.

"With the myCapture photo sharing platform, your photos can provide a sense of community to your online audience. By utilizing our Publisher platform, you can upload and sell your photos online – you choose the items to sell at a price that works for you.

The user generated photos and videos from your audience drives traffic to your site via our Community photo sharing software. Take it from our customers… myCapture is good for your image and a great way to share and sell your photos online"

"about second street - Second Street is the leading provider of white-label software solutions. We enable companies to build audience, databases and generate revenue with solutions for sports, entertainment, user generated content, sweepstakes, daily deals, photo and video management and email integration."

[RickD]

Greg,
It was submitted directly to HCN.

[bigjon0107]

Rick, I am not sure what your relationship with HCN is, or what you hope it to be, but be careful in calling out someone in a public setting when (as it seems) you haven't given them a lot of time to respond. I am not saying they are right, but so much of that is an automated system that it could be a simple misunderstanding/mistake.

It just seems like it is a touch harsh/early to call someone out when it seems as if they were doing y'all a favor and running a press release to advertise your event.

[RickD]

Point taken. As I said, I'm not bent out of shape, nor am I losing any sleep over this (with the exception of having to work late tonight). If I want push it I will, but I have other battles to fight and this one is just a learning experience. I was just too naive to think it wouldn't happen to me.

Thanks all for the advice and encouragement.

[RickD]

Just and update and we can close this thread. The editor and I spoke this morning and they were apologetic about this. By default they do not sell photos. Somehow this got thru the cracks. :-)