Posted by Luke Ormand on September 25, 2009 at 12:14 AM
As some of you know, I recently discovered some salamanders which I could not identify. I sent the photos, using my government work e-mail address, to several local experts, including one who writes a nature column in a local paper. I spoke with this individual on the phone about the salamanders, but at no point did this person mention wanting to use the photo I sent along, or did he mention wanting to write an article about it. Well, at some point he decided it would be a nice column, used my photo (with credit) and mentioned how I had found these animals.
I'm dumbfounded that this person didn't contact me (He has my phone number, e-mail address, and knows where I work) to at the very least inform me that he was using this photo(let alone ask for permission). While I did send the e-mail from a government e-mail address, it was clear that I took the picture with my equipment, on my time, for my personal use. I am wondering what the best way to address this issue would be. He is someone who I respect, and who I would be happy to provide photos too if he asked and gave me a headsup about it - but I want to get the point across that he cannot simply take a photo I send seeking a professional opinion for his articles without discussing it with me. He is also a published author, so I would assume he would know a thing or two about copyrights and how to go about getting permission for these types of things. The link to the article is below. Thank you in advance.
I'm sure that since he got the photos over your government email address and you probably called during work ours, he assumed the photos were public domain. He gave you credit in any case, which is credit to him. That doesn't always (read:seldom) happen. The most you would get is Photo Courtesy of USFWS or whoever. Call him on your own time and use your own email address, and I'm sure it would have been clear which hat you were wearing. Unless I'm missing elements of the conversation and email where you told him they were not work-related and were your own property?
Sounds like a basic misunderstanding, and if you call him about it, he'll be mortified.
Posted by Jim Erhardt on September 25, 2009 at 5:12 AM
I agree with Hank. I would take the constructive apporach and see if there is opportunity for further collaboration.
Posted by Ron Bielefeld on September 25, 2009 at 8:41 AM
I agree, with the first two comments. I am a state wildlife biologist and I am usually very careful about seperating my work photographic activities from my personal for this and other reasons. State of Florida law makes everything done on State time or with State equipment public domain. I would call him and thank him for the article and photo credit and during the conversation bring up the idea that in the future you would welcome being notified ahead of time when he wants to use your images and information for a column. I would use this opportunity to talk to him about getting regular exposure of your work in his columns. What a great opportunities to promote what you do.
Posted by Luke Ormand on September 25, 2009 at 10:51 AM
Thanks for the advice. After sleeping on it, and reading what you have said, I think that is the best approach and I should take some blame for not seperating work with personal interests. Thanks to all for helping me deal with this tactfully, and yes, hopefully it will lead to being featured in the paper regularly.
It occurs to me that there's a perfect entre for you with the writer/authority about using your photos:
I'd call and thank him for crediting you personally for the photo, rather than your agency. That creates the opportunity to talk about your personal photo interests and lay the groundwork for future uses and features of your personal work. Win-win all around.
Posted by Stan Rose on September 25, 2009 at 9:38 PM
Yeah, i agree with the others. In the past i had a few photos hanging around work, and i soon discovered that anything floating around a govt work space quickly becomes public domain! So, as Ron mentioned, its wise to keep things separate.
Posted by Lon Overacker on September 26, 2009 at 12:35 AM
Luke,
I agree with the other comments and I probably don't need to pile on... but I would chalk this up to lesson learned. Worst case, using your position as a government employee and promoting personal work... well in the private sector would be grounds for dismissal. Ok, so you work for the government so you're probably safe unless someone is following you with a video camera... (sorry... stick to the point Lon..)
Congrats on the publication though! Contact this guy off hours thru your personal email and try and work it for some potential future business. But don't give your work away!
Discussion
7 repliesI'm dumbfounded that this person didn't contact me (He has my phone number, e-mail address, and knows where I work) to at the very least inform me that he was using this photo(let alone ask for permission). While I did send the e-mail from a government e-mail address, it was clear that I took the picture with my equipment, on my time, for my personal use. I am wondering what the best way to address this issue would be. He is someone who I respect, and who I would be happy to provide photos too if he asked and gave me a headsup about it - but I want to get the point across that he cannot simply take a photo I send seeking a professional opinion for his articles without discussing it with me. He is also a published author, so I would assume he would know a thing or two about copyrights and how to go about getting permission for these types of things. The link to the article is below. Thank you in advance.
http://www.27east.com/story_detail.cfm?id=233884
Sounds like a basic misunderstanding, and if you call him about it, he'll be mortified.
- Luke
I'd call and thank him for crediting you personally for the photo, rather than your agency. That creates the opportunity to talk about your personal photo interests and lay the groundwork for future uses and features of your personal work. Win-win all around.
I agree with the other comments and I probably don't need to pile on... but I would chalk this up to lesson learned. Worst case, using your position as a government employee and promoting personal work... well in the private sector would be grounds for dismissal. Ok, so you work for the government so you're probably safe unless someone is following you with a video camera... (sorry... stick to the point Lon..)
Congrats on the publication though! Contact this guy off hours thru your personal email and try and work it for some potential future business. But don't give your work away!
Good luck,
Lon