Copyright and pricing issues.

[JMI]

'Round the end of October I did a bunch of shots for Theresa, one of the on-air personalities for KTBZ 94.5, The Buzz. Now, I'm going to double-check my contract this evening but I'm damn sure I didn't sign away any commercial rights. It was my understanding that, in addition to her prints, the images would be used on her MySpace and MyBuzz social networking sites. In other words, noncommercial use.

It's just come to my attention that at least one of them is being used in banner ads for Texas Direct Auto that appear on KTBZ's website. Specifically, the Hottie Posse pages. There are two banners at
http://www.rodryan.thebuzz.com/pages...ieposse2.html#

If you click on the Hottie Posse photo shoot link there's a third, smaller banner, that appears in the ad rotation in the pop-up window.


I don't want to be an ass but I believe some compensation is due me for the commercial use of my work. Unfortunately, I'm kind of at a loss on how to price it. I'd appreciate any guidance or suggestions.

Thanks

[Titaniumblade]

I was about to post this in it's own thread, but I saw this and figured it would be good to add here.

http://www.scottkelby.com/blog/2008/archives/1645

They talk about Copyright, Property and Model Release with an attorney. Seems like good information for all to see and hear. But it is limited in what they discuss in the interview so I am sure there are other areas of the law in which you have rights.

Good luck!

[ka5txl]

I noticed the banner is titled " Do what Theresa did"

[JMI]

Hehheh, yeah. To be clear, I don't believe Theresa has acted with fraudulent intent but rather out of ignorance or misunderstanding. And I don't know, yet, the extent of her involvement. I'd be willing to bet that someone else created the banner.

[JMI]

The image being used for the Texas Direct banners is:


But I just noticed that the station itself is using this one for their "Listen Now" banner while Theresa's mid-day show is on. I don't presently have a higher res version of this one at my fingertips because I considered it unusable due to the hair almost totally obscuring her right eye.

[Bruce M. Morris]

Jase, you might just start by a call the their legal dept and ask them what contract agreement they have that said that they have rights to the image for that use. bug in the ear kind of thing.

[JMI]

I think my first option is to talk to Theresa to see what the situation is. There was talk, at one time, of doing more work for the morning show. I don't want to sour the relationship if I don't have to.

[Aric C. Hoek]

Originally Posted by Bruce M. Morris

Jase, you might just start by a call the their legal dept and ask them what contract agreement they have that said that they have rights to the image for that use. bug in the ear kind of thing.

Ask them to fax what they have on file to you.

[CaptainTom]

You can say that you are flattered that they are using the image you shot on the banner, and that your contract with your client does not provide for this particular usage. But, you are open to negotiate the value they have already received by using your image, and for future consideration.

Most people have no idea that the photographer owns the rights to the images they take. They just assume that any picture of them is theirs forever and ever.....educate, then negotiate.

[msabas]

Originally Posted by CaptainTom

You can say that you are flattered that they are using the image you shot on the banner, and that your contract with your client does not provide for this particular usage. But, you are open to negotiate the value they have already received by using your image, and for future consideration.

Most people have no idea that the photographer owns the rights to the images they take. They just assume that any picture of them is theirs forever and ever.....educate, then negotiate.

This sounds the best to do.

[ShaneKislack]

Tom is right, seems the most diplomatic way.

However, I have to laugh that a member of the "hottie posse" might be unaware of photographer's rights! Lie down with dogs....

[JMI]

heheheh... No, Theresa isn't a hottie posse member. She's an on-air personality. It wouldn't surprise me at all if a hottie posse girl didn't understand copyrights. (They're not posse members because of their brains, after all. ) But Theresa is in the music industry. You can't tell me they're unaware of copyright issues.

[LanceHaynie]

I am kind of surprised they didn't know that they do not own the copyright. If you look at the URL to the banner in question

http://content.clearchannel.com/cc-c...1212682416.jpg

Its Clear Channel, they are freakin huge.