Pics in Magazine-??

[Briones1208]

I am a rodeo photographer and I sell my pics to the bull riders, bull owners and arena owners. I just found out that a magazine has been using a few of my pics. They did put my name on the pics but isn't that wrong? I have no idea where they got my pics? Don't they have to get permission unless they get them from a stock place?

[andyz]

Similar:
http://www.texasphotoforum.com/forum...highlight=limo

http://www.texasphotoforum.com/forum...ight=rodeo+DMN

They shouldn't be using them without the owner's permission. When you sell the photos to those you mentioned, are you giving them complete rights where they may have submitted them to the magazine, or do they have limited rights to have that one photo but can't reproduce it?

[Briones1208]

I put my copyright on the pictures. The riders buy the pictures for themselves and the bull owners and arena owners buy the pictures for their own advertisements. They do not have permission for anything else.

[Craig]

Have you contacted the magazine? Sounds like copyright infringement to me.

[David_3]

Send then a bill!!

[andyz]

Originally Posted by Briones1208

I put my copyright on the pictures. The riders buy the pictures for themselves and the bull owners and arena owners buy the pictures for their own advertisements. They do not have permission for anything else.

My underlying question is, do they understand the agreement that way? Call or contact the magazine and ask them who provided permission. I'd also look to see in one of the issues if the magazine allows user submissions so when you speak with them you understand what they solicit and what they require to submit a photo.

[CaptainTom]

Ask them how they gained access to the photos.
It is probably from someone you sold the pictures to, and they submitted them to the mag.
They may have digitally sent them in, and your copyright wasn't visible.
If this is the case and you are worried that it will happen again, you need put a watermark on your photos. This can be done, but usually lessens the value for sales.
If they used it knowing full well it was copyrighten, they deserve the lawsuit.

[DEMDeepEllumMusic]

Do a search on the Mellenium Copyright Act here on TPF.

Since it is a commercial usage the restitution that you can get is a lot higher, are we talking about publications that have circulation in the 100K+ range? (You can get those numbers usually in one of the issues or contact one of the audit bureau companies that verify circulation numbers for advertisers). Since they put your name with the pics they know who the photographer is and am suprised that they have not contacted you for release to use.

[Briones1208]

Well, I am trying to find out what magazine it is. I am located in Houston and the magazine is somewhere in Dallas. The guy who saw it was on vacation so he doesn't remember what magazine it was. I am hoping I can find a way to get hold of it.