I googled myself just a few minutes ago and to my utter shock discovered one of my photos is being used in a special travel & tourism advertisement for Missouri in a Columbia newspaper - without my authorization. The photo is contained on my web site (with a copyright watermark) but is also contained on my blog without one - BUT with a big notice on the page that all photos & text are copyright and may not be used without permission.
The photo does credit my name but I certainly was never contacted and asked for permission for this use.
I'd call the newspaper and talk directly with the publisher. If unavailable, talk to the editor. Both take a very dim view of this. I'd also track down the source of the ad and talk directly to the boss there.
Don't waste your time talking to the GA or ad department in either venue. They'll only be interested in covering their hinies. Better to enlist their bosses in spanking those bare hinies.
Talk to the Managing editor of the newspaper; if the flappers on the telephone don't want to put you through, tell them it's about the copyright infringement in their advertising. If they still won't put you through, tell the M.E. can talk to your or your lawyer.
When you get the M.E., ask for payment of your usual fee for that use of a photo. If the M.E. tries to blame the advertiser, point out that's between the newspaper and the advertiser, that the newspaper used it by publishing.
Don't be rude, but don't feel like you have to be especially polite, either.
By the way, you don't have to register a copyright to make it effective. It's just a little more convenient if you want to hire a lawyer and sue for infringement. Read this if you don't understand how the system works.
Posted by Daniel Ewert on May 17, 2010 at 11:18 PM
Angela, I think that Jim's advice is good. I am a lawyer who has started to work a bit in the copyright field and you definitely have grounds for a copyright infringement claim. If you have not registered your work may not be able to recover attorney's fees (which is a big draw in getting an attorney to take your case), but you still have a claim for your actual damages. I would send them a hefty bill if I were you.
This is ridiculous, it's not like some hole in the wall off beat magazine (not that it'd be OK) but an actual state ad... and they think they can just take and it's OK? Absolutely bill 'em, the ink is already on paper, they owe you. That's pretty nervy of them. I would call and simply say "I see you used one of my photos in your publication, therefore I need the address and contact person to send the bill to for photo usage." If they hem and haw, I would simply state, "With all due respect Mr. (fill in name), the price in my bill that is rightfully owed for you using my photo will be astronomically less than the lawyer's fees and fines incurred from copyright infringement and theft on your part. Now what was that address?"
Sorry, this one's got my hackles up...
(BTW, Buck, the link works, it's just that clicking on it is appending the NPN URL, but if you delete everything left of the www in the addess bar in your browser, the PDF will then load...)
I my experience, newspapers are some of the biggest thieves out there. I know for a fact that the newspapers in my area do this frequently. One buddy of mine shoots alot of covers for skiing and biking mags. On one occasion he opened the local newspaper to find his cover reproduced without the masthead (they cropped the masthead). He recovered WELL over a thousand dollars without a lawyer, just with the threats.
Step one - register the image immediately, by itself. No other images in the registration. Call the newspaper and talk loudly about a lawyer.
Do NOT let them off cheap. They do this often. Used in ad makes the damages RISE. My buddy recovered what he did for a mere unauthorized use in the paper. An ad is an order of a higher magnitude. Stick it to 'em. Do NOT be deterred by promises of future publication. Every time I've done work for a newspaper, that have tried to stiff me - that is - not pay until I harass them for 6 months. And I mean every time. With every newspaper.
PPS registering the copyright makes you eligible to collect punitive damages. Their lawyers will know this. So talk loudly about your copyright. I wouldn't settle for a dime less than 2500 if it were me.
Angela, your name is under the photo on there though? Did you send in any photos to MO tourism our any contest of that sort? Sometimes under the fine print in MO contests, they state they can use for their advertising.
Also; Jack Swartz; Advertising Director, Dan Potter, General Manager, Susan Richinson, Creative Services Manager; Number at the Missourian: Creative Services phone: 573-882-5714
The same thing happened to me last year, only the newspaper got the image through our local Chamber of Commerce (who did have permission to publish some of my images). 8x12 size image on the front page of a travel section. When contacted, the newspaper apologized for the graphics editor's error, then asked how much they owed me.They said they usually pay $25 (really????), but because of the unlawful use, I received what I asked for.
Mike, yes my name is under the photo, which is how I found out about this whole debacle. I did NOT send this photo ANYWHERE for any type of contest or other publication. They pure & simple stole it from either my posting here at NPN or my blog. Thanks for the names & info. I work at a law firm so I'm getting some help on what to do next.
I agree with the above advice of sending them a bill along with a letter (not email) about the situation. Be professional. I think once the editor sees what has happened they will figure their cheapest option is to just pay it.
I guess my next question is, how do I determine what is owed? I've never sold to a newspaper or for an ad and am not familiar with all the terminology used on the stock calculator (I have used stockphotopricecalculator.com as a guestimate for other things I've submitted). Is this considered an ad insert? It also asks about number of insertions? I have no clue so anyone's advice is appreciated. You can send me a private message if you want to.
Angela, this happened to me as well and the photo was on a very controversial website. I contacted the owner who assured me that taking it was legal? Anyway back and forth back and forth we ended up leaving the photo with a caption that i was in no way associated with the sight but allowed use of my pic and he also put a link to my sight for more traffic. Was it what I wanted, NO but I really was over dealing with the &%$#@!!!
Angela, sorry this happened but I'm glad you found out! Please keep us posted. The Houston Chronicle (both paper and web) still owes 5 grand from a long, long time ago. I was one of MANY whom they stole from...the editor finally got canned but the $ is still MIA.
Pathetic how much theft goes on...this stuff definately gets the blood pressure climbing.
Best of luck...get 'em!
~Mike
Posted by Fred Stearns on May 19, 2010 at 12:02 AM
Michael, Doesn't this fit into the same arena as when a private citizen does not pay their bills? They turn the bill over to a collection agency, why can't you do the same thing. I have never done this, but it would seem that you could charge them for the collection agency's fees as well.
Discussion
18 repliesThe photo does credit my name but I certainly was never contacted and asked for permission for this use.
Here's a link to my google search. It's on p. 8 of this supplement. There is a link to it from their main web site as well.
www.columbiamissourian.com/files/57/special-sections/tourism-2010/
What steps should I take?
Call me niave but I never thought this would happen to me...
Don't waste your time talking to the GA or ad department in either venue. They'll only be interested in covering their hinies. Better to enlist their bosses in spanking those bare hinies.
I hope you registered your copyright.
When you get the M.E., ask for payment of your usual fee for that use of a photo. If the M.E. tries to blame the advertiser, point out that's between the newspaper and the advertiser, that the newspaper used it by publishing.
Don't be rude, but don't feel like you have to be especially polite, either.
By the way, you don't have to register a copyright to make it effective. It's just a little more convenient if you want to hire a lawyer and sue for infringement. Read this if you don't understand how the system works.
http://www.columbiamissourian.com/media/multimedia/files/2010/05/Tourism_Final.pdf
Sorry, this one's got my hackles up...
(BTW, Buck, the link works, it's just that clicking on it is appending the NPN URL, but if you delete everything left of the www in the addess bar in your browser, the PDF will then load...)
Step one - register the image immediately, by itself. No other images in the registration. Call the newspaper and talk loudly about a lawyer.
Do NOT let them off cheap. They do this often. Used in ad makes the damages RISE. My buddy recovered what he did for a mere unauthorized use in the paper. An ad is an order of a higher magnitude. Stick it to 'em. Do NOT be deterred by promises of future publication. Every time I've done work for a newspaper, that have tried to stiff me - that is - not pay until I harass them for 6 months. And I mean every time. With every newspaper.
PPS registering the copyright makes you eligible to collect punitive damages. Their lawyers will know this. So talk loudly about your copyright. I wouldn't settle for a dime less than 2500 if it were me.
Also; Jack Swartz; Advertising Director, Dan Potter, General Manager, Susan Richinson, Creative Services Manager; Number at the Missourian: Creative Services phone: 573-882-5714
Good luck
The same thing happened to me last year, only the newspaper got the image through our local Chamber of Commerce (who did have permission to publish some of my images). 8x12 size image on the front page of a travel section. When contacted, the newspaper apologized for the graphics editor's error, then asked how much they owed me.They said they usually pay $25 (really????), but because of the unlawful use, I received what I asked for.
Kent in SD
They took it from my flickr account! I have reached out to them, but if things does not happen soon, I would have to escalate the same!
Pathetic how much theft goes on...this stuff definately gets the blood pressure climbing.
Best of luck...get 'em!
~Mike