SpoonyDan
15-05-2014, 2:39pm
Firstly, I'm no pro-photographer, at the moment I do it for fun and experience. Making some money out of it in the is something I have considered however (I guess I have already, a dog photo shoot and a large wall print of the image discussed below).
So at Easter I shot this photo of a mate at Manar Park (largest camping, 4x4, dirtbike park in QLD).
https://farm8.staticflickr.com/7172/13989350361_2a94579c9e.jpg (https://flic.kr/p/njc5tT)DSCF4282 v2 (https://flic.kr/p/njc5tT) by SpoonShots (https://www.flickr.com/people/121288486@N08/), on Flickr
I'd thrown a stack of images, including this one on my Facebook for friends who went that weekend to see. He posted it on Manar Parks Facebook page, and a period after they contacted him, asked him when it was taken, he also told me they did ask who took it and if the photographer had any other pics and hi-res ones.
Hearing this I figured, oh they must be interested in more pics, awesome, so I waited a few days expecting to be contacted. By this time I'd found out they'd used the Facebook version of the image (which was under exposed and not PP correctly) in their bulk email newsletter with zero reference too me (it's still can be accessed from their page currently http://www.manar.com.au/newsletter_may2014.html .
They also now have this poor version of this image as their Gacebook cover photo https://www.facebook.com/pages/Manar-Park/119427388069886?fref=ts .
Now I'm flattered they the obviously like the image this much, however I found it a bit rude that they then went on to use it after contacting my mate without getting in contact with me to first ask, or at minimum at least provide credit to. As far as I'm aware it's also a breach of copyright when used for promotional use?
Not wanting to cause a big fuss, but also hearing they seemingly were keen on other images I sent off an Facebook message (unprofessional I know) expressing concern but also putting forward a mutual proposal. I didn't hear back so followed this with an email. Basically I politely stated my disappointment of not being credited for the image nor being contacted for it's promotional use. I also mentioned that I would be back up at their park during the June long weekend and perhaps we could sort a mutual arrangement suitable to both parties, suggesting use of my existing photos and some others I would take while up there again, mentioning opening up shooting to other riders I'd likely get better pics again. For this I'd get the long weekend (4 days) camping and riding for free, so really a non cost to them.
I received a phone call this morning, from a staff member, not the owner (who was away). He seemed very blase about it all with comments like 'mate heaps of people send us pics all the time and we just share them out'. I said that's fine, as with my mate posting it on their page, no issue, but I did say it's one thing for people to share pics on their page, another to use them in promotional material (ie as a cover photo and bulk newsletter etc). He didn't seem to phase and said, look I'll take it down then. At that point I bought up my other suggestion about acquiring more photo's, he sort again mentioned 'oh we get heaps anyways', I did then say I'd browsed their sight and facebook, and most are v.average, he agreed sort of. (not blowing wind up my own, but it is the truth haha).
He said only the boss could make a call on exchange of services and said he'd talk to her (not so confident). He did then suggest perhaps sending another email highlighting this option, he thought my original was 'confrontational' (it was super politically polite even by nanny state standards haha).
While it seems I'm perhaps making a big deal out of nothing, His thought's about using anyones images that it wasn't a big deal, I did point out that there are people that shoot for a living, and questioned how they'd feel if a neighboring property let the public ride for free.
So what to do:
Option 1: Give them the correctly adjusted image (low res for web) with my name watermarked on it for use on Facebook with the view to be in communication with the owner and hopefully achieve a good outcome.
Option 2: Tell them to take all images down immediately (bad blood?)
Option 3: A friend suggested perhaps asking to be the accredited photographer when there and shoot for riders not for the park. Ie take many shots of riders and be allowed to card them, sell images (and larger prints perhaps through my work, it's what I do for a living) . I would have the agreement link to images from the weekend via their website and facebook so people can find them easy also. In exchange for this the park would get use of some of the images.
Keen to hear thoughts on this. Cheers :)
So at Easter I shot this photo of a mate at Manar Park (largest camping, 4x4, dirtbike park in QLD).
https://farm8.staticflickr.com/7172/13989350361_2a94579c9e.jpg (https://flic.kr/p/njc5tT)DSCF4282 v2 (https://flic.kr/p/njc5tT) by SpoonShots (https://www.flickr.com/people/121288486@N08/), on Flickr
I'd thrown a stack of images, including this one on my Facebook for friends who went that weekend to see. He posted it on Manar Parks Facebook page, and a period after they contacted him, asked him when it was taken, he also told me they did ask who took it and if the photographer had any other pics and hi-res ones.
Hearing this I figured, oh they must be interested in more pics, awesome, so I waited a few days expecting to be contacted. By this time I'd found out they'd used the Facebook version of the image (which was under exposed and not PP correctly) in their bulk email newsletter with zero reference too me (it's still can be accessed from their page currently http://www.manar.com.au/newsletter_may2014.html .
They also now have this poor version of this image as their Gacebook cover photo https://www.facebook.com/pages/Manar-Park/119427388069886?fref=ts .
Now I'm flattered they the obviously like the image this much, however I found it a bit rude that they then went on to use it after contacting my mate without getting in contact with me to first ask, or at minimum at least provide credit to. As far as I'm aware it's also a breach of copyright when used for promotional use?
Not wanting to cause a big fuss, but also hearing they seemingly were keen on other images I sent off an Facebook message (unprofessional I know) expressing concern but also putting forward a mutual proposal. I didn't hear back so followed this with an email. Basically I politely stated my disappointment of not being credited for the image nor being contacted for it's promotional use. I also mentioned that I would be back up at their park during the June long weekend and perhaps we could sort a mutual arrangement suitable to both parties, suggesting use of my existing photos and some others I would take while up there again, mentioning opening up shooting to other riders I'd likely get better pics again. For this I'd get the long weekend (4 days) camping and riding for free, so really a non cost to them.
I received a phone call this morning, from a staff member, not the owner (who was away). He seemed very blase about it all with comments like 'mate heaps of people send us pics all the time and we just share them out'. I said that's fine, as with my mate posting it on their page, no issue, but I did say it's one thing for people to share pics on their page, another to use them in promotional material (ie as a cover photo and bulk newsletter etc). He didn't seem to phase and said, look I'll take it down then. At that point I bought up my other suggestion about acquiring more photo's, he sort again mentioned 'oh we get heaps anyways', I did then say I'd browsed their sight and facebook, and most are v.average, he agreed sort of. (not blowing wind up my own, but it is the truth haha).
He said only the boss could make a call on exchange of services and said he'd talk to her (not so confident). He did then suggest perhaps sending another email highlighting this option, he thought my original was 'confrontational' (it was super politically polite even by nanny state standards haha).
While it seems I'm perhaps making a big deal out of nothing, His thought's about using anyones images that it wasn't a big deal, I did point out that there are people that shoot for a living, and questioned how they'd feel if a neighboring property let the public ride for free.
So what to do:
Option 1: Give them the correctly adjusted image (low res for web) with my name watermarked on it for use on Facebook with the view to be in communication with the owner and hopefully achieve a good outcome.
Option 2: Tell them to take all images down immediately (bad blood?)
Option 3: A friend suggested perhaps asking to be the accredited photographer when there and shoot for riders not for the park. Ie take many shots of riders and be allowed to card them, sell images (and larger prints perhaps through my work, it's what I do for a living) . I would have the agreement link to images from the weekend via their website and facebook so people can find them easy also. In exchange for this the park would get use of some of the images.
Keen to hear thoughts on this. Cheers :)