An article written by a blogger and republished/plagiarized by a reporter is very different from a paper running a feature article on a person and that person submitting an image of themselves to go along with it. As I said the paper doesn't have much liability here. If anyone is at fault it's the client for giving the paper a photo she never had permission to give away.
Newspaper was provided the photo by the subject. This happens all the time. Your issue is with your client, not the paper. ...
As I said the paper doesn't have much liability here. If anyone is at fault it's the client for giving the paper a photo she never had permission to give away.
This is incorrect.
In the US, the publisher of a photo is liable for copyright infringement. The publisher may be able to recover from a submitting party who falsely claims to have rights to the photo, if forced to pay for the infringement. The submitting party (your client) has no liability to you, because she didn't publish the photo.
In many cases, simply submitting an invoice to the newspaper will get you paid. The invoice would consist of a claim of ownership (description of the job, a copy of the agreement, etc.), a statement that no rights were solicited or given, and a charge for a reasonable, standard publication rate (i.e., consider the circulation of the newspaper, the location/prominence of the photo in the newspaper, and the size of the photo). It is more likely to succeed if you are very professional, polite, and matter-of-fact, and not in any way accusatory. Do not refer to your client other than to indicate that you took photos, which you still own, for that client. Don't talk about the client's actions. Just address the newspaper, which has unwittingly established a relationship with you by infringing your copyright.
The newspaper may then attempt to subrogate by recovering the fee from the person who submitted the image, but this is fairly unlikely if the fee is small and/or the submitter didn't explicitly agree to indemnify the newspaper.
In the unlikely event that you registered your image collection in the US Copyright Office prior to publication, you have additional options with regard to both the newspaper and the client, but probably the best route is simply to invoice the newspaper in a professional, routine manner.
p.2 #11 · Newspaper ran a photo without permission
This is editorial news content, not advertising. You likely wouldn't win anything even if you fought it, they will likely claim "fair use". The only thing you have to gain is a bad rep. I don't think it would be bad to email them and ask them to place the proper credit just out of respect.
p.2 #12 · Newspaper ran a photo without permission
It's not fair use. For a fair use defense to apply, the article would actually have to evaluate or discuss the photo itself -- e.g., it would be a critique of the photograph, or a discussion of the image because the image itself -- aside from the content of the image -- was (or had become) newsworthy. EDIT: and whether it's editorial content or not is irrelevant to whether the paper had rights to publish the photo.
This use merely augmented the piece by providing a useful visual. Newspapers pay for rights to print photos all the time. As publishers, they bear the responsibility of ensuring they have the rights to print the images they run, and they (better than almost anyone else) know to ask "did you TAKE this photograph." Most papers will refuse to run images if the submitter does not affirm that she actually took the photo, because most laypeople don't grasp the complexities of copyright.
It's not douchebaggery to send a professional invoice or to insist on standard-rate payment for an infringing act. Just remember, in your communication with the paper, that they didn't mess with you on purpose. They probably either just messed up by not clearly establishing ownership, or else were the victims of misrepresentation.
p.2 #14 · Newspaper ran a photo without permission
sboerup wrote:
This is editorial news content, not advertising. You likely wouldn't win anything even if you fought it, they will likely claim "fair use". The only thing you have to gain is a bad rep. I don't think it would be bad to email them and ask them to place the proper credit just out of respect.
