No photo credit

[Pearly]

Hi all, I was asked if a newspaper could use one of my photos for an article with the offer of giving me photo credit.

I said yes, but the newspaper did not credit me on the photo. What should I do?

Has this happened to any members before? I feel very cheated.

[kiwi]

Not sure there is much you can do. As I understand it, quite common

Its not as though they will

a) offer you compensation (I assume it was a $0 free submit)
b) print a retraction/photo again

They may say sorry

But really, if you think that a credit will give you exposure and is worth anything other than a nice momento that youve had something published, well, not.

[Pearly]

All I wanted was the credit for as you put it, a momento.

I didn't submit the photo to anyone. They asked me via third party. That's why I feel cheated because they asked me if they could use my photo in exchange for a credit.

[Longshots]

Well actually there is plenty that can be done about it.


Dont be put off by that suggestion


Welcome to the business of photography - reporter promises a credit, photographic editor or editor maintains that they cant/dont/wont do it.

While its not new, its these days more, and more common. However, papers are run by professionals who understand what and how their business is run. Newspapers cost money to fill the pages - and in return, the better the fill, the better value the newspaper gives to the advertisers. So a broken promise means little to them. A bill does.

Now before you take this advice, I note that you were asked via a "third party" - so did the 3rd party promise you a credit, or did the newspaper directly offer you a credit. It makes a considerable difference. If it was the 3rd party, they may have convinced you on a promise that was not theirs to give. However if you or they have that distinct agreement, then you have something to chase and there will probably be no argument.

My personal advice is based on my personal experience. Its happened to me much earlier in my career, and quite recently.Simply send them a bill for the cost of using your image. I will happily offer you a suggestion of wording on any invoice which should make it successful without further debate by the newspaper. So feel free to contact me direct. My contact details are on my website.

[Speedway]

I had the same problem with our local paper and now send this with the photos. My name is always there now and it also stops them onselling my images without prermission



Non-Exclusive licence to use photographic image(s)
1. Parties
Insert your details here (the “Licensor”)
and
Enter name here (the “Licensee”)

2. Ownership of copyright
The Licensor is the owner of copyright in the following supplied image(s) (“the Work”):
Enter file names etc. here

3. Grant of rights
The Licensor grants the Licensee a non-exclusive, non-transferable licence to use the Work solely for Enter for use in here. The Work licensed by this agreement may be used only for the purpose specified and may not be sold, reused or otherwise dealt with without the written permission of the Licensee. This licence shall not transfer any title, copyright or ownership of the Work to the Licensee.


4. Licensee’s obligations
The non-exclusive licence granted in clause 3 is conditional upon the Licensee ensuring that the following attribution and copyright notice appears on all copies of the Work:
Photograph by Your name. Copyright © your name and year taken

5. Duration of licence
This licence is granted in perpetuity.

6. Territory
This licence and use of the Work subject of this licence is limited to the territory of Australia

7. Acceptance
Any use of the Work subject of this licence by the Licensee shall be taken as acceptance of the terms of this licence.



Keith.

[Longshots]

it also stops them onselling my images without permission



Keith.

Thats a very good point Keith, dont miss this BTW - many newspapers will offer prints of images used in their paper for sale to their readers, plus they will onsell them if possible.

[ricktas]

Good replies in this thread. Appreciate the responses here. Shows we have some great members on AP who are willing to give out details freely, not just for the benefit of the member who posted the question, but for all who read the thread. THANK YOU!

[Pearly]

Thank you kindly for your responses. Very informative.

I never communicated with the paper myself, they asked through a friend and I said yes to my friend. So I guess the promise was from my friend, but I trust that they would not have said it without the paper offering to give me credit.

Regardless, the paper has used an image that belongs to me without any written consent from me. A simple print of my name under it would have sufficed, but alas here we are.

The idea of just simply sending them a bill for my image had crossed by mind, but I wouldn't have a clue where to start with that.

William, I will contact you via your website details.

Cheers,

Warren

[kiwi]

I think you need to ask your friend whether he said that a photo credit was required.

[Pearly]

She did state that. She also stated the journo apologized to her for forgetting the photo credit.

[mongo]

Always get it in writing FIRST !

Secondly, you need to be sure that your third party actually made the deal you think they did. Your case rests largely on your ability to prove through the third party that they actually negotiated and had struck an agreement with the newspaper to have your credit on the image as part of the deal. You had better question your third party pretty thoroughly.

Longshots' advice seems one of the most experienced and maybe take William up on his advice.

[Tony G]

A lot of great advice in this thread. Thank you to all for clarifying what many would take for granted.
Regards
Tony