Image in local paper - without my permission, sort of...

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Name
Chris
Edit My Images
Yes
Let me start off by saying I've read through the posts on here where people are in a similar position to me but mine has a slight twist on it....

Our local paper runs an article "In Your View" each week where readers submit photos (not them kind of photos naughty!) taken in the local area and one is chosen to be published.

Last Sunday I went to the "Support Our Paras" event at Old Sarum Airfield in Salisbury and took a few pictures.
I decided (as there were press togs there) to not bother sending them pictures for the article I expected they would run, but instead to submit one to the "In Your View"... I explicitly said in my email that it was for this purpose.

Well, the paper was published today and my picture has been printed + credited to me! :clap:

However, it was not used in the "In Your View" article, but instead in the feature covering the "Support Our Paras" event - whats more, its the biggest picture of the lot...

I was not expecting any payment if it was published for "In Your View", but as its used in the article about the event I feel I should do something. I do not want to go in heavy handed.

Advice welcome...

Did I use too many quotes!? :D
 
If you clearly stated it is for the " In Your View " section and it was used elsewhere then send them an invoice.
 
when i sent pictures to my local rag made it quite clear if photos used then copyright remains mine and i wanted acknowlegement for the images. this was done for all four so quite happy.

letter to the editor in chief and then if no joy invoice for say £50

seee if it works.
make sure they are not selling any on throught their site. as my local does.
 
flick5848 said:
If you clearly stated it is for the " In Your View " section and it was used elsewhere then send them an invoice.
Click to expand...

Yes I did. I stated that for this reason exactly....

I'm not sure I feel comfortable sending them an invoice. After all, this was a charity event, so perhaps a donation will suffice. How much do you reckon?

Also, I should mention - they did credit me with the photo.

:popcorn:
 
charity event maybe
but the paper sure as **** isn't!
go for the jugular!:bat:
 
Maybe a polite letter pointing out how you thought the image would be used, and your suprise at how it was used, see how they respond.
 
In the small print for the "In Your View" does it say anything about the use of images ?
might be worth checking before taking any action.
 
All depends on what their rules are regarding "In your view" maybe the reserve the right to publish it elsewhere in the newspaper?? ANd to be fair I would just be happy that they decided to use your pic. Chances are this will be your only picture in a newspaper.
 
I'd email the editor and explain what happened and that as you had been specific about how the image could be used you're interested to hear what their intention is to compensate for the incorrect use. Keep it friendly and see what they offer.
 
Don't get me wrong, I'm happy they published the picture, just a few quid would make me happier... Also all the other photos published with mine were from their own press togs - I'm sure they got paid!

There are no rules stating that it could be used elsewhere in the paper... I checked beforehand.

I think so far, I'm going to take namllihs advice and go the polite route... Its gotta be worth a try..
 
and show us the picture, too!
 
I think you need to think this through carefully…
On the one hand is a possible breach of copyright on the other is a reality check - local papers do not pay big money for photos. If you had submitted your photos for publication at the going rate what would you have got? - £50? Maybe - dig your heels in and take them to court get your £50 with costs in six months time with lots of stress and never work for them ever again...

On the other hand you got a lot of publicity and published work that you can add to your portfolio - a large photo add in a local paper costs...

I would ask for the standard publication rates (price list for publication) - be nice and get paid the fair price with the view to continuing to get further work from them - twist their error to your advantage

Did you ensure that the iptc info was explicit with regard to copyright? - If not ensure that in all future submissions it is including all contact info. If you are unsure do a search on this forum for IPTC
 
Give them a call tomorrow and explain. I did when the same happened to me, they used a pic for a different purpose to the one submitted. I got the going rate for the pic (which was £17) - Local rates may apply - as they did here.

But talk to them. You may, like me, what them to publish pics in the future so be nice :) but firm.
 
Send an invoice with a polite covering letter. Don't in any way put down or apologise for your work or your approach to them. Invoices are usually numbered: you can use a two or three letter acronym for the paper followed by 001. Date of invoice plus due date (give them a month). Include: "I understand and will exercise my statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if not paid by (due date)." If you haven't one already, set up a free business account as a Sole Trader with Abbey, and ask for the payment to be made to Your Name T/A Whatever. Tell the taxman and start making plans for an early retirement.

http://www.londonfreelance.org/feesguide/phregrat.html
 
I have this all the time, and have given up really.
i quite often get emails from ***, asking for a copy (they pay)
One thing i would bear in mind, is your current status, if you are just staring out, then make the local aware that any future submissions should include a credit, maybe to a website. this way, you could get extra work etc and even be asked to cover an event fir the rag if all staffers are out. first step of the ladder etc.

If you are a seasoned pro, then once you have checked the smallprint of the submissions section for "actual use". make them aware that future subs should only be placed in the sections of the paper requested or a fee is payable. but don't "cut your ear off to spite your face" being on the good side of the local rag is always beneficial :)
 
I have my Name & Website in the copyright bit in ITPC. I sent them the image with my name, address, phone number etc. They had all the details...

I'm still favouring the softly approach. Photography is my hobby, but you never know - it could be more...

Keltin Ice Man - good to see it worked for you. Think I'll do the same.

Heres the image....
DSC_2278.jpg
 
emailed the editor first thing this morning with a polite but firm request for payment.
 
Sounds good, from past threads on here that's the approach that pays off best.
 
Local papers often make the photos available for purchase - are they selling your shot? If so that's even worse. I think £50 is a reasonable amount to invoice them.
 
like the pic - well worth a payment!(y)
 
redeyeshev said:
Local papers often make the photos available for purchase - are they selling your shot? If so that's even worse. I think £50 is a reasonable amount to invoice them.
Click to expand...

No, thats the first thing I checked. They do sell their published pictures, but only ones taken by their photographers. Mine is not for sale through their site.

Mind you, I wouldn't mind if it was providing I received some (all/most) of the money.
 
The same sort of thing has happened to me but it was with my work. I took photos of a charity football match and one of my pictures ended up edited in the news letter that is sent out to 80,000 people in the company. i didnt bother trying to get some money for it still working for them could get messy but i was tempted. 10p per person it was sent to please :D:D :LOL:
 
Mate, listen to Sportysnaps advice, if they used it then it was worth paying for. Check the amount of advertising in the paper....rekon thats free?

Also ThisPhotoGuy, 'ANd to be fair I would just be happy that they decided to use your pic' thats the whole reason Editors think they can get away with this sort of thing!!

I know most folk shoot for pleasure on here, which is fine but I also see alot of talented folk that have then relaised that they can make a buisness out of it later. Just remember giving for free will one day catch up with you.

Iain
 
If so then your talking nonsence. Thats how the game works and how papers & mags pay for their content. The chap entered his image in a certain section and stated its terms of use. They used it outwith his terms of use so are liable.

In the original use submitted you could argue that it was advertising his work but the paper laid out the criteria and the image was submitted under that so you argument dose'nt hold.
 
You've misunderstood me.

If you wanted to take out an advertising space in any newspaper or magazine then you would expect to pay for it, whether you're advertising a tv repair service, plumbing services, photography services or whatever. You pay your money, you get your advert.

If you treat the OP's picture that has been credited as an advert, then to get a similar space without a newsworthy image you'd have to open your wallet and take money out.

One could argue that the OP is already getting the better deal as its being used in an editorial position and is credited to the OP, and this in his portfolio could be worth more to him in future business and credibility than arguing over £ 20 and getting a black mark against your name with the newspaper in question.

There are several sides to every argument.

I've submitted some photos to the local newspaper, some of which have been published. These were effectively free, but its opened up a bigger world of networking and opportunities, and having these pictures in my portfolio of published work has opened bigger and better doors and I'm now able to charge. This month I've got photos in two newsstand magazines, next month certainly 3, probably 4, all of which I've been able to charge for.
 
Assuming it was the Salisbury Journal that used the picture, I am amazed that they actually got it attributed correctly and in the right article ;)

Nice pic by the way and I hope you get the paper's mind right.

B.

p.s. I grew up in Salisbury, hence know the standards of the Journal, but escaped to Dorset and now have an even worse local paper :)
 
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