Advice needed!

[jesswhs1323]

I have been working with a person who has recently gotten somewhat of a 'celebrity' status so he has been featured in magazines and such. So I am flipping through a local magazine and I see my images I recently took of him. I was never told this was going to be printed. I was shocked to see them! I was not given photo credits. It only said 'Photo provided by **** Media Group.'

There was never a contract signed(stupid me). It was a very last min. shoot so he could have a couple pictures for his website.

I have no idea how to deal with this situation....

do nothing and take it as a learning lesson?
Confront the Media Group?

[ldelacruz]

I am just guessing that if you did not have a contract then you don't have much room to negotiate if you freely gave the photos and did not specify strictly for the website. You may just want to ask for compensation or if you see a lot of future business coming from this client you may want to write it off and do it right on your next shoot.

[HotHolly]

Who owns the media group? The guy you shot?

And this is past tense, right? Already printed? What type of print was it, size, distribution?

Assuming it was a small ad, I would have said that was a no no. Dont do it again. The media group that took your image should have know better. You should have known better to do something without a contract. That was kinda blunt, but I personally think its too much of a risk to shoot anyone without a contract.

I would have sent a cease and desist letter stating they were in copyright violation and see how they responded. After that, I would have sought out help from the PPA. That's assuming there was a contract. Do you have nothing in writing? No itemized receipt? Nothing at all that states what he purchased?

[ldelacruz]

Originally Posted by HotHolly

Who owns the media group? The guy you shot?

And this is past tense, right? Already printed? What type of print was it, size, distribution?

Assuming it was a small ad, I would have said that was a no no. Dont do it again. The media group that took your image should have know better. You should have known better to do something without a contract. That was kinda blunt, but I personally think its too much of a risk to shoot anyone without a contract.

I would have sent a cease and desist letter stating they were in copyright violation and see how they responded. After that, I would have sought out help from the PPA. That's assuming there was a contract. Do you have nothing in writing? No itemized receipt? Nothing at all that states what he purchased?

I think this would keep them from using your services again. I would learn from this and work on my contract especially if there is a chance for future business from the celebrity or the Media Group..

[jesswhs1323]

He hired this media group to handle publicity for him. The woman that ownes the media group asked me for an image for an article D magazine wanted to do about him. I gave it to her and we talked about photo credits then. She assured me they would be given.

Then I just happen to be flipping through another magazine (not D magazine) and there is an entire article about him with my image. No photo credit this time.

I should have gotten a contract but I had no idea how much publicity he was going to get and only thought I was doing a small favor for nim for his website.

I guess I will just make sure I ALWAYS have a contract no matter what...

lesson learned =)

[ldelacruz]

Originally Posted by jesswhs1323

He hired this media group to handle publicity for him. The woman that ownes the media group asked me for an image for an article D magazine wanted to do about him. I gave it to her and we talked about photo credits then. She assured me they would be given.

Then I just happen to be flipping through another magazine (not D magazine) and there is an entire article about him with my image. No photo credit this time.

I should have gotten a contract but I had no idea how much publicity he was going to get and only thought I was doing a small favor for nim for his website.

I guess I will just make sure I ALWAYS have a contract no matter what...

lesson learned =)

Since it is the Media Group and not the celebrity I would let them know and remind them of your initial agreement. If the Media Group is a legit business they will understand your rights as a Photographer and they will most likely contact you the next time they want to use your image. Stay professional and try to keep them as a client if you feel there is a chance for future business.

[jesswhs1323]

Thanks for the advice! =) I plan on contacting the media group tomorrow to let them know I would like credit next time. Then I will get a contract written up for the client b.c we have another photoshoot coming up.

[HotHolly]

Originally Posted by ldelacruz

Since it is the Media Group and not the celebrity I would let them know and remind them of your initial agreement. If the Media Group is a legit business they will understand your rights as a Photographer and they will most likely contact you the next time they want to use your image. Stay professional and try to keep them as a client if you feel there is a chance for future business.

I have found that to be so not true, it isnt funny. Businesses take what they can get. I had my photos stolen and printed for mass distribution by a wedding vendor I needed to stay on good terms with. Telling them that they are in the wrong is needed. Ive heard of stuff like this happening over and over again - the companies will take what they can, if you let them. Telling them to stop is not the same as threatening to sue them. It doesnt have to be a formal cease and desist letter, but the guts of it are the same - something in writing that says you saw your images being reproduced without your permission - stop it.

If the agreement was made over a phone call, you are pretty much screwed. You need something in writing. It turns into he said she said since you gave them the file.

[ldelacruz]

Originally Posted by ldelacruz

Since it is the Media Group and not the celebrity I would let them know and remind them of your initial agreement. If the Media Group is a legit business they will understand your rights as a Photographer and they will most likely contact you the next time they want to use your image. Stay professional and try to keep them as a client if you feel there is a chance for future business.

I agree Holly. If it is the Media Group let them know.

[Aric C. Hoek]

How did the magazine get the images? Did they scan a photograph, or didi you provide your client with a DVD.

Don't ask the magazine to give you photo credit. Tell them, under no uncertain terms are they to use the image again without photo credit.

Don't you think that the editor of the magazine is expecting a call from any photograph they use from a professional photographer without giving photo credit? They are fully aware of the consequences, they just never get called on the infringement by the photographers because they know the situation of the photographer.

I don't know about you, but I am going to be a professional photographer the rest of my life. Unless you are thinking of shutting your doors soon, you don't have anything really to worry about. But if you are staying in business, then calling the magazine and demanding photo credit for future use may actually show them that you care about your work and land you some business.

[jesswhs1323]

The person 'publicist' that I took the picture for gave the image to the magagazine thinking I would not see it.

I called the magazine editor and they gave me all the correspondence between them [the magazine] and this woman. She obviously has no ethic what so ever and wanted to take the credit for herself.

The magazine apologized because they thought the images were given to the publicist by the tv show my client was on. They gave me credit in this months issue.

I feel the magazine was not to blame here.

The woman was caught in a big lie and hopefully she will not do it again.

[Aric C. Hoek]

I hope not. I know how frustrating that can be! Good luck.

[jesswhs1323]

Thanks Aric =)

I am over it. If thats how she conducts business it will eventually come back to her.

[Aric C. Hoek]

$8000 - $10000+ in camera equipment.
Insurance for equipment.
Education to use equipment.
Advertising to get clients.
Photograph clients.
Edit the images on your $7000 computer system.
Spend time selling to the client.
Produce the image for the client.

Sure, you can use my image with no photo credit. Not a problem.

[Aric C. Hoek]

http://www.photoattorney.com/