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Archive 2013 · My photos published in school yearbook without permission!!!
  
 
mes2424
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p.1 #1 · p.1 #1 · My photos published in school yearbook without permission!!!


So, i'm taking photos of my sons school football game. Another parent, also watching her son play, asks me if she can get copies of some photos. I assume she wants photos of her son playing so I say ok. I put some photos on a dvd and give to my son to give to her son at school.

I didnt know that she was a teacher in the school and in charge of the school yearbook. A few months later, a few days ago, the yearbooks come out. My son brings his home saying my photos are in it. I look and find that my football photos are gracing the sports photos, actually 11 of the 16 photos were mine. They are selling the yearbooks. My name or credit to me is not posted anywhere. Should I be upset? My wife surely is. Should I have been compensated in any way?

I should have been told where my photos were to be used and for what. I am honored they liked my photos enough to use them but no credit is given to me.

I should have least gotten a free yearbook for my son. They sold for $25 each.

How does anyone feel? What would you do?

I'll leave it up to everyone as to what I do



May 29, 2013 at 11:58 PM
Dudewithoutape
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p.1 #2 · p.1 #2 · My photos published in school yearbook without permission!!!


At the very least, credit should be given to you. A free yearbook would've been nice and payment would be a cherry on top (not sure how much money a school has for this last one though)


May 30, 2013 at 12:01 AM
gilead
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p.1 #3 · p.1 #3 · My photos published in school yearbook without permission!!!


It's hard to believe that being a teacher she wouldn't have at least mentioned why she wanted the photo's.
Not really sure what I'd do.



May 30, 2013 at 12:08 AM
mes2424
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p.1 #4 · p.1 #4 · My photos published in school yearbook without permission!!!


She didnt mention anything about publishing in the yearbook. I didnt even know she was also a teacher. I knew her son played football but nothing more.


May 30, 2013 at 12:16 AM
pjbuehner
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p.1 #5 · p.1 #5 · My photos published in school yearbook without permission!!!


You gave them to her...pretty much end of story in my opinion. Schools don't pay for yearbook photos and none that I have seen even credit the photographer. The easiest thing to do is to say "lesson learned" and move on.
In the future, don't give them away without some sort of contract. either you are professional or you aren't. If you are, treat every photo you take that way and you will avoid issues. If you aren't, then be happy to see your photos in print.
Selling yearbooks to high school seniors and their parents is very different then using your photo in an ad for Nike or some other commercial endeavor.

On the other hand, you could make a big stink and demand money, sue the school, and maybe get some compensation. Will that have an impact on your ability to shoot school events in the future?
Lots to think about before you move forward. Good luck.



May 30, 2013 at 12:45 AM
mes2424
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p.1 #6 · p.1 #6 · My photos published in school yearbook without permission!!!


great advice pjbuehner.....lesson learned!!!


May 30, 2013 at 01:19 AM
Kenneth Farver
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p.1 #7 · p.1 #7 · My photos published in school yearbook without permission!!!


Hopefully your son will brag to all of his friends about how your photos made the yearbook and if he or his friends aren't Seniors, people will be asking for your photos next year.


May 30, 2013 at 01:32 AM
mes2424
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p.1 #8 · p.1 #8 · My photos published in school yearbook without permission!!!


Kenneth Farver wrote:
Hopefully your son will brag to all of his friends about how your photos made the yearbook and if he or his friends aren't Seniors, people will be asking for your photos next year.



I never thought about it that way Kenneth. That would make this ok if it turned out that way. I think everything you said might be more likely to happen if they would have posted my name and givin me credit in the actual yearbook.



May 30, 2013 at 10:38 AM
cineski
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p.1 #9 · p.1 #9 · My photos published in school yearbook without permission!!!


This is the new social norm of the US consumer and in an ever increasingly way, the commercial world. Photos aren't worth anything when people have been conditioned to think they're free. I hear 10x more stories of how companies lifted photos from google to use in an advertising spot than I do photographers describing how they're shooting for companies. In the wedding industry, magazines expect free image use in exchange for credit (even though an ad in these mags is a lot of money). Same goes for blogs which also generate money for the owners.

gilead wrote:
It's hard to believe that being a teacher she wouldn't have at least mentioned why she wanted the photo's.
Not really sure what I'd do.



Edited on May 30, 2013 at 01:22 PM · View previous versions



May 30, 2013 at 01:18 PM
cineski
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p.1 #10 · p.1 #10 · My photos published in school yearbook without permission!!!


Lesson learned: You should have asked what they're needed for. Even if I'm doing a portfolio shoot, the participants get copies of the photos. It's stipulated that the photos cannot be used or given away to anyone or any commercial use.

mes2424 wrote:
She didnt mention anything about publishing in the yearbook. I didnt even know she was also a teacher. I knew her son played football but nothing more.




May 30, 2013 at 01:20 PM
 

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mikepmcs
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p.1 #11 · p.1 #11 · My photos published in school yearbook without permission!!!


As said before, hopefully the kids will see them and decide that they need senior photos done or you could pimp your son out as your marketing guru and have him go around to everyone and say hey, look what my dad can do.
Water under the bridge at this point but hopefully it gets you some follow on if that is what you are looking for.
Get a yearbook from the school for free and use it as a tear sheet to get gigs at the University of Miami
Not the end of the world.



May 30, 2013 at 01:41 PM
friscoron
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p.1 #12 · p.1 #12 · My photos published in school yearbook without permission!!!



I disagree with the others.

I had three kids in the same elementary school this year, and was approached by the person in charge of the yearbook if I would take pictures. I'd already been shooting for the principal and the school, so this made sense. I volunteer my time and they constantly credit me over and over, and now a year later, pretty much every parent at the school knows of my professional photography services.

In return, I got three copies of the yearbook, and credit in the book as well.

I think you need to say something to the lady in charge of the yearbook who used your pictures. I don't think you should demand compensation or anything like that, but make sure she knows that you weren't aware that she wanted the pictures for the yearbook. Just let her know it could have been handled better from her end. What she did is just plain not right, and if you don't talk to her about it, she will continue to do that to other photographers. She probably already did with others, not just you.



May 30, 2013 at 04:20 PM
glort
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p.1 #13 · p.1 #13 · My photos published in school yearbook without permission!!!


mes2424 wrote:
So, i'm taking photos of my sons school football game. Another parent, also watching her son play, asks me if she can get copies of some photos. I assume she wants photos of her son playing so I say ok. I put some photos on a dvd and give to my son to give to her son at school.


The end result of " assume" strikes again.
Most likely the teacher assumed that since you didn't ask where the pics would be used and gave them away freely, she assumed you wouldn't mind them being published and in fact would get a kick out of it?

Maybe she assumed seeing it was for the school, as a community minded parent you'd be happy to help out?
Maybe she assumed since you gave her copies of a number of kids that you knew who she was and what she would use them for?

She has as much right and ability to make incorrect assumptions as you do and in the absence of any instructions opposite, these assumptions on her part would be entirely reasonable and fair IMHO.


I should have been told where my photos were to be used and for what.


Should you have not asked where they were to be used or told the parent they were for Private use only and not for publication without permission?
Given the pics are your property, I'd say the onus on where they end up is more your responsibility than anyone elses in this case.
You served them up to her literally on a Silver platter. It's not like they were stolen off a site or taken without your knowing or permission. As such, you were in a position to completely control their end use and publication.

I should have least gotten a free yearbook for my son. They sold for $25 each.

Again, I think the "Should"'s apply both ways.

You seem annoyed that someone else didn't do their side of what you didn't bother to do yourself.
Cuts both ways I think.



I'll leave it up to everyone as to what I do


Seems last time you did that, you were very unhappy with the outcome.
Perhaps it may be wiser to take charge and do what you think is right for you rather than what some randoms on the net would do.




May 31, 2013 at 07:47 AM
David Baldwin
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p.1 #14 · p.1 #14 · My photos published in school yearbook without permission!!!


I would try to make something constructive out of this. Advise the teacher that you would be happy to submit images for her to use in next year's book, but that it is customary for photographers to get a credit. Then next year you will have kept good relations with the school, and maybe get some good publicity for your business.

We all live and learn, try not to let it get to you. Perhaps the teacher just needs a little low key guidance as to how to treat you right next time.



May 31, 2013 at 08:06 AM
mes2424
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p.1 #15 · p.1 #15 · My photos published in school yearbook without permission!!!


David Baldwin wrote:
I would try to make something constructive out of this. Advise the teacher that you would be happy to submit images for her to use in next year's book, but that it is customary for photographers to get a credit. Then next year you will have kept good relations with the school, and maybe get some good publicity for your business.

We all live and learn, try not to let it get to you. Perhaps the teacher just needs a little low key guidance as to how to treat you right next time.



This is the route I plan on taking. Thanks everyone.



May 31, 2013 at 10:33 AM
Game Changer
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p.1 #16 · p.1 #16 · My photos published in school yearbook without permission!!!


I never deliver images without asking for a signed permissible use agreement. Even when I am providing free images, I always ask for the signed permissible use agreement in return. You clearly state your usage terms and all the "provided that" legal stuff lawyers love.


May 31, 2013 at 11:30 AM
mdude85
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p.1 #17 · p.1 #17 · My photos published in school yearbook without permission!!!


I agree with David Baldwin. I would also send an email or arrange a telephone call with the yearbook's staff advisor. There's really no telling how many times those photos changed hands before they ended up on a yearbook page, but the advisor should bear the responsibility for this mistake and promise to correct it in the future.

I'd like to add that most yearbooks cost way more to print than what they sell for, and in the long run their value is mostly sentimental, not monetary. As for your son's football photos, I'm sorry to say that they are not that valuable either. Maybe there is some silver lining here as now your photos can be enjoyed for many years or even generations to come instead of sitting on some CD somewhere, or on your hard drive where you will probably forget about them.

signed,
a former yearbook staff member.




Jun 03, 2013 at 11:21 PM
JohnBrose
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p.1 #18 · p.1 #18 · My photos published in school yearbook without permission!!!


The value of the images is not the problem here, the use/publication without asking permission and without credit etc. is the problem. I have a portrait studio in a small town and shoot the schools T&I images and shoot at most of the home games and other school events. The school's yearbook editor/teacher asks to use some of my images from time to time and typically gives me photo credit. I have no problem with that and look at as kind of a community service/studio promotion situation. I think the OP should bring it up to the teacher that they should have asked for permission or just tell them what they would like happen in future situations. It's highly doubtful that they would ever pay or compensate a person for images. They might trade you for an ad or something though if you have a studio to promote.


Jun 03, 2013 at 11:48 PM
JohnBrose
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p.1 #19 · p.1 #19 · My photos published in school yearbook without permission!!!


It's nice you keep telling people that their work isn't worth any money. And typically there is a teacher that is in charge of the yearbook-that is the teacher I was suggesting the OP to talk too.


Jun 04, 2013 at 12:10 AM
lukeb
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p.1 #20 · p.1 #20 · My photos published in school yearbook without permission!!!


cineski wrote:
This is the new social norm of the US consumer and in an ever increasingly way, the commercial world. Photos aren't worth anything when people have been conditioned to think they're free. I hear 10x more stories of how companies lifted photos from google to use in an advertising spot than I do photographers describing how they're shooting for companies. In the wedding industry, magazines expect free image use in exchange for credit (even though an ad in these mags is a lot of money). Same goes for blogs which also generate money for the owners.



+1



Jun 04, 2013 at 12:21 AM
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