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| p.1 #4 · Newspaper ran a photo without permission |
Newspaper was provided the photo by the subject. This happens all the time. Your issue is with your client, not the paper. The image is credited, it was provided by Briana Payne. The reporter knows nothing about you, the photo editor knows nothing about you. The reporter did a story on a local singer in a music contest, and the girl provided the photo to the reporter. The photo editor probably thought "great, one less image to send a staffer/freelancer to get." The paper doesn't ask about usage rights or any of that nonsense because those laws don't apply to newspapers when it comes to distribution of information. And they likely assumed if the subject provided the photo then they had every right to, and if they didn't, their issue, not the papers. This was a story in a local paper, not a feature in Rolling Stone.
All you can do is take the issue up with your client and sue for breach of license agreement. You can also call/email the paper and ask that they change the credit to "photo provided by Imagine Photo AZ."
If you have them pull it, you'll look like a dick, and the singer will likely spread the word that she got a feature article and you pulled the use of photos that she likely only got just for the purpose of PR, exactly this kind of thing. The paper won't pay you anything, papers don't work that way. They only pay for commissioned assignments, not for reader submitted material.
Edited on Jun 19, 2012 at 02:29 PM · View previous versions