WOAI (SA) used photos w/o permission...

[Doug]

I have a rather delicate situation that I found out about last night. I was shooting a basketball tournament last week and in the days following one of the players died during practice. I know many of the families and players on the team (not this boy) so I had no issue with sending them photos of him playing to use on a memorial website.

Last night the lead story on the local NBC affiliate here in San Antonio was this boys death. They used 4 or 5 of the photos in the story. I could not tell if they were just shot with the video camera off the computer or edited in. Regardless, there they were.

Now, first off...I'm glad he was able to be recognized for the great life he led if even for a short time. I'm not out to profit off his death either. I have given away many prints to his friends for them to make an ablum for his family, I shot some photos of his funeral (family requested this) at no charge, and will be giving his family every photo I have of him at no charge. So I hope that removes any suggestion I'm out to profit off this tragedy. I do however want to hold the news agency accountable. There is a chance the school may have said they have the copyright on the photos, but I doubt that because they acknowledged to me the photos were copyrighted and asked if I wanted to protect the photos on the memorial page by turning off right click (I let them leave it on so "friends and family" can take advantage of them being there).

I have the name and number of the news director and will be calling her later to discuss this. I'm not out to make money off a person's death, but I also don't want photographer's rights trampled. How would you handle this? What would you want...if anything? There is a memorial fund set up for his family, I could ask for money to be sent there. Its a delicate situation so any advice is appreciated.

[shutterflypro]

Originally Posted by Doug

I also don't want photographer's rights trampled.

Your situation is delicate and understandable. What I am most glad to hear is what you posted above. We all must be dilligent in not just the protection of our own photographs but also others' copyrights. One person can erode all of our hard work.

[DEMDeepEllumMusic]

Since they didn't acknowledge your work in their story but just shot your work I would ask for a reasonable fee, what you would charge for shooting a portrait setting or covering an event, and then donate that to the fund that you mentioned.

I also would go to the stations website and be sure that they are not using the photos there. If they are then I would increase the amount asked for to double or more!!

If they balk just mention lawsuits and the Melenium Copyright Act, they are familiar with it and if she is not their staff/retained lawyers would be.

[SaundraU]

I guess all I would ask is that if they put the photos on their website or in the paper (if the story has been run they can run a correction) they give you credit and leave it at that.

[Doug]

Originally Posted by SaundraU

I guess all I would ask is that if they put the photos on their website or in the paper (if the story has been run they can run a correction) they give you credit and leave it at that.

there is a photo on the website (looks like a screenshot from the video).

[Twilight Imaging.net]

I am sorry about the circumstances surrounding this...the Chronicle did the same thing awhile back as well. It took a bit to convince them they were wrong in taking the images...in the end it worked out but you do need to call them on it. They need to be held accountable.