What would you do?

[ChristopherCoy]

Setup:
-I like chickens
-I used to raise chickens
-I belong to a chicken club
-I'm a pet photographer

Here is the situation.

Last fall I went to a friends farm and photographed some of her birds. Around January I got an email from an officer of the American Bantam Association, which is the governing national organization for bantam chickens, (liken it to the AKC.) Long story short, they were updating the Silkie chicken information and wanted to know if I had any good Silkie pictures that I could contribute, and wanted to see examples. So I sent them an example or two of my work to see if they liked it and the next thing I know....

It shows up on their home page.... American Bantam Association

I let it go then, but it was brought back to my attention today, and its kinda buggin me, especially because it was sent to them as an example, and nowhere did I expressly grant them permission to publish/post it.

Would you:

A. - Bring it to their attention and ask that they remove the photo from their website, and/or pay a licensing fee for its use?

B. - Bring it to their attention and ask that they at least put a caption with a link to your website so that proper credit is given to you the photographer?

C. - Take it as a compliment, consider it free advertising, and overlook it since you are a new entrepreneur?

[dlanter]

It sounds like they were looking for a donation in the first place so you probably won't receive any payment for them, but I do agree that they should have at least asked you before posting the shots and at least given you credit for them. I think if it was me I would do your option B maybe with a stern warning to deter them from trying it again.

Will your photos be used in the book they are selling? If so then you should definitely demand compensation.

[oldfotopro]

Remind them that You are the owner of images and they are using YOUR images in their advertising. You understand that there may have been a misinterpretation of the intent on both their part and the photographer at the beginning.
They SHOULD do one or more of the following: 1- pay you standard rates 2- credit you for the image 3- pull the image. I would also remind them that further reproduction of you image will be invoiced according to you standard rates.

[ChristopherCoy]

Originally Posted by dlanter

Will your photos be used in the book they are selling? If so then you should definitely demand compensation.

I dont know. The book hasn't been published yet, to my knowledge. And if they've been included for publishing, I wouldn't know it until it was said and done anyway. I didn't see this until another friend of mine sent me the link and asked if I had seen it.

[Steelsun]

Maybe say, "since you are using my photos without permission and for free, I propose a trade: give me lifetime membership and 10 copies of the book in exchange."

[texkam]

I would politely educate them on the whole intellectual property business and how that applies to photography. Then see if and/or what they are willing to work out. Explain to them this is the way you make YOUR living.

[Dobick]

What were your original compensation expectations when you sent them the samples?

I would probably base my future dealings on the best case expectations from the initial contact. If you expected that they might pay a license fee, but you would have been willing to accept photo credit, then I would shift everything higher since they decided to force your hand on the issue.

as an aside -- is there anything in the past communications when you sent them the samples that could be somehow understood that you were letting them use those images?

[ChristopherCoy]

Originally Posted by Dobick

as an aside -- is there anything in the past communications when you sent them the samples that could be somehow understood that you were letting them use those images?

No. In the email that these low res images were attached to, it stated that "I've attached a couple examples of my work as requested."

The reason that I sent them the example images to begin with was because they were looking for specific style images to exhibit the confirmation and colors of the birds. I explained that I didn't really have any 'show type' shots that could be used for confirmation, and most of my stuff was more 'spontaneous', and not formally posed. The last I heard, they had missed the March 1st deadline and would be looking to finish in the coming months, but I hadn't heard anything else.

[brad]

If you like them, go with option B ... otherwise option A. Option C should *never* be in the running.

If they are selling the book, then Option A, but the alternative to pulling them off their website is "suing them for damages" since they have neither a release from you nor the chicken's owner.

[brad]

Oh.. and if they don't want to give you the credit and link in Option B, their only alternative is to take it down.

[iCe]

Well I'll be darned... I agree with Brad 100%. Fancy that

Just explain it to them. They probably have no clue. Many don't.

[texkam]

Just explain it to them. They probably have no clue. Many don't.

+1. Hopefully a nice explanation and a willingness to be reasonable with this image will lead to respect for what you do and more paid work in the future. : )

[J Eddington]

and next time, make sure that email has your copyright information and put proof across the photo!

[janikphoto]

Originally Posted by ChristopherCoy

C. - Take it as a compliment, consider it free advertising, and overlook it since you are a new entrepreneur?

Heck NO!!!!!! Didn't you say they don't have a proper byline/cutline with the photo, stating that you took it? The only I saw was your watermark. That is hardly any advertising at all. But, I guess you get what you pay for, and you paid nothing for that advertising.

Originally Posted by ChristopherCoy

B. - Bring it to their attention and ask that they at least put a caption with a link to your website so that proper credit is given to you the photographer?

Yes, probably. I don't think they are a "for profit" entity, so I wouldn't have a problem with this solution under this specific circumstance. But, I would also let them know that you sent those pics as "samples to review" and that you never gave copyright permission to actually use them. Then let them know that you are now giving them permission, as long as they give proper credit with a link. THAT is free advertising...

Originally Posted by ChristopherCoy

A. - Bring it to their attention and ask that they remove the photo from their website, and/or pay a licensing fee for its use?

For any "for profit" entity, this is EXACTLY what I would do. If you don't use this tactic, you'll never make any money from your camera, because anyone can just steal your work and not pay. If these people are profiting from the website that has your pic, you should be, too. However, read the answer to B first (if you haven't already). If they are a non-profit or not-for-profit group, I wouldn't immediately demand payment or removal.

[PeteQ]

I don't understand why folks feel that when dealing with "non-profits" they should essentially give away their work for a photo-credit or deep discount or something along those lines. Do you think the plumbers/ad agencies/food service/utilities/web hosts/etc give them their products for free? Non-profit does not me an they have no money...

What if this was the American Cancer Society? They are a non-profit yet in 2008 the Deputy CEO for ACS made over $1 million bucks. Obviously he felt he should be compensated for what he brought to the table. You should be as well. Obviously the American Bantam Association is not the ACS but surely they can do something. Perhaps you could have donated an image and taken the value as a full value write-off? (Consult your accountant obviously).

Make your business decision however you like but I think that the non-profit vs the for-profit comparison is a poor yardstick. If I am going to donate or discount my work it will be for a use/company that I feel I will get something from in return (and agreed upon BEFOREHAND). And it's not all about money, it may just be goodwill and a warm fuzzy feeling, but I don't base it on a 501(c)(3) status, but that is just me...

Two things about photo credits to remember:

1. You can't buy a cup of coffee with them.
2. Only photographers pay attention to photo credits. Try it, ask two or three non-photographers within earshot who took any famous photo, or better yet, any current shot out of one on their favorite magazines. Maybe you will get lucky and someone will hit you with Ansel Adams or noted fashion photographer Nigel Barker (tongue in cheek for the ANTM crowd). After that I doubt anyone can give you a name or even notices the credits are there.

Good luck with your decision.