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Archive 2014 · I don't want to be the guy to sue the Tuskeegee Airmen

  
 
swordfishphoto
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p.1 #1 · p.1 #1 · I don't want to be the guy to sue the Tuskeegee Airmen


I really don't. And I won't be. At least I don't think so.

BUT

Last year I went to an air show and took a picture of a Tuskeegee Airman standing in front of the display P-51 Mustang they fly all over the country for their mobile museum exhibit. By "their," I mean the Commemorative Air Force, an exhibit that is a tribute to the Red Tail Squadron from WW2.

Anyway, I took the picture, and then printed it out and gave it to the pilot, who loved it and also signed a copy for me. I showed the people that were running the exhibit and they loved it too, and wanted me to send it to them to put on their website. Sure, great, no problem. they have a large gallery of photos sent in by people. Hooray, publicity.

Just today I get an email asking me for my address, as they decided to put it in their calendar and they wanted to send me a complimentary copy of it. Hm... Ok. Interesting. I assumed they would be selling the calendar, and I didn't give permission to make money off my images (since I don't make any money, I don't really think anyone else should either), so I went to their website and looked. Yes, my image is on a page (although it's not the main photo, it was in a collage). There is a main photo and two smaller ones. Photo credit is given for two images. But there is no credit given to me on the page, from the little thumbnail I'm looking at.

So I email the woman, and she says that yes I was given photo credit and that's why they want to send me a calendar. So ok. But... I mean... It's on their website. There is some Scott Plummer/airshowvids.com and Maxwell AFB Alabama Archives. But no me. Maybe it's listed... like on the back of the calendar? I don't know. I'll see when it gets here.

So on the one hand, cool, I got published, made it into a calendar and wasn't even trying. But on the other hand, people are using my image to make money and sell stuff without my permission or possibly even without credit given.

What would you do, Internet?



Sep 17, 2014 at 08:10 PM
BluesWest
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p.1 #2 · p.1 #2 · I don't want to be the guy to sue the Tuskeegee Airmen


So on the one hand, cool, I got published, made it into a calendar and wasn't even trying. But on the other hand, people are using my image to make money and sell stuff without my permission or possibly even without credit given. What would you do, Internet?

What I would have done (note the past tense) is made sure usage of the photo was well-defined --in writing -- before giving it to anyone.


John



Sep 17, 2014 at 11:29 PM
DanBrown
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p.1 #3 · p.1 #3 · I don't want to be the guy to sue the Tuskeegee Airmen


Judging by your avatar, you are a communist. Karl Marx argued that intellectual property is part of society. The individual has no rights to intellectual property (nor other property), so the issue seems to be clear. Let them use your photograph however they want.




Sep 18, 2014 at 09:58 AM
swordfishphoto
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p.1 #4 · p.1 #4 · I don't want to be the guy to sue the Tuskeegee Airmen


DanBrown wrote:
Judging by your avatar, you are a communist. Karl Marx argued that intellectual property is part of society. The individual has no rights to intellectual property (nor other property), so the issue seems to be clear. Let them use your photograph however they want.



Lol that's not what that means at all. My avatar I mean.

But I mean, great. Thanks for your sarcastic and unhelpful trolling. No wonder you have so many posts with so few likes



Sep 18, 2014 at 10:04 AM
DanBrown
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p.1 #5 · p.1 #5 · I don't want to be the guy to sue the Tuskeegee Airmen


swordfishphoto wrote:
Lol that's not what that means at all. My avatar I mean.


Apparently, at least when you buy it on a hat or a shirt, it is considered to be a communist related symbol.




Sep 18, 2014 at 03:23 PM
Sarsfield
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p.1 #6 · p.1 #6 · I don't want to be the guy to sue the Tuskeegee Airmen


Lol that's not what that means at all. My avatar I mean.

Ummm, perhaps you should do a little research on communist symbols. That is certainly one of them and it would deter me from using your services, if they're offered. I don't think Dan would make that assumption/accusation without historical reference to back it up.



Sep 18, 2014 at 03:51 PM
swordfishphoto
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p.1 #7 · p.1 #7 · I don't want to be the guy to sue the Tuskeegee Airmen


I'm not going to argue with a couple of.... never mind. Thanks for your contributions, again. So wonderful and to the point.


Sep 18, 2014 at 05:32 PM
EB-1
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p.1 #8 · p.1 #8 · I don't want to be the guy to sue the Tuskeegee Airmen


Lol that's not what that means at all. My avatar I mean.

Sarsfield wrote:
Ummm, perhaps you should do a little research on communist symbols. That is certainly one of them and it would deter me from using your services, if they're offered. I don't think Dan would make that assumption/accusation without historical reference to back it up.


The first answer was really the right one. Personally, I'd just let it go as charity for a good cause.

Judging by both swordfishphoto's and Dan's avatars, several billion people would be offended by one or the other.

EBH



Sep 18, 2014 at 09:19 PM
surreywharf
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p.1 #9 · p.1 #9 · I don't want to be the guy to sue the Tuskeegee Airmen


Let it go, without the sacrifice that these guys made you might just be speaking German today.

Jim




Sep 20, 2014 at 07:41 AM
swordfishphoto
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p.1 #10 · p.1 #10 · I don't want to be the guy to sue the Tuskeegee Airmen


Should I at least inform them of their error?


Sep 20, 2014 at 12:18 PM
Jefferson
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p.1 #11 · p.1 #11 · I don't want to be the guy to sue the Tuskeegee Airmen


swordfishphoto wrote:
Should I at least inform them of their error?


... IMHO ...

They should send you a bill for the time the “Airman” spent as a model … less the cost of your copy of the calendar (your fee unless you otherwise stated contractually) + publishing fees they deem reasonable …

Jefferson ...



Sep 20, 2014 at 02:49 PM
15Bit
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p.1 #12 · p.1 #12 · I don't want to be the guy to sue the Tuskeegee Airmen


I'm curious - what exactly did you expect to happen when you sent them an electronic copy of your image?


Sep 21, 2014 at 08:25 AM
Danpbphoto
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p.1 #13 · p.1 #13 · I don't want to be the guy to sue the Tuskeegee Airmen


swordfishphoto wrote:
Should I at least inform them of their error?


YES YES YES..I agree let it go and the bad vibes that went with it here...chaulk it up to experience.
Dan



Edited on Sep 23, 2014 at 07:54 AM · View previous versions



Sep 21, 2014 at 03:59 PM
swordfishphoto
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p.1 #14 · p.1 #14 · I don't want to be the guy to sue the Tuskeegee Airmen


15Bit wrote:
I'm curious - what exactly did you expect to happen when you sent them an electronic copy of your image?


For them to put it on their website, like all the rest, like they said they would do.



Sep 22, 2014 at 05:54 PM
BenV
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p.1 #15 · p.1 #15 · I don't want to be the guy to sue the Tuskeegee Airmen


I'd just let it go, too late to do anything now. And for the work it would take to 'possibly' get something in return wouldn't be worth it. I'd suspect they'd just say sorry, and remove your image.


Sep 22, 2014 at 09:20 PM
Danpbphoto
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p.1 #16 · p.1 #16 · I don't want to be the guy to sue the Tuskeegee Airmen


BenV wrote:
I'd just let it go, too late to do anything now. And for the work it would take to 'possibly' get something in return wouldn't be worth it. I'd suspect they'd just say sorry, and remove your image.


+2.... Been there did that...not worth the energy to fight it....




Sep 23, 2014 at 07:56 AM
unclemikey
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p.1 #17 · p.1 #17 · I don't want to be the guy to sue the Tuskeegee Airmen


Personally, as a working professional I would be proud to have that photo in their calendar and would buy 20 more for my family.


Sep 25, 2014 at 04:01 PM
Danpbphoto
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p.1 #18 · p.1 #18 · I don't want to be the guy to sue the Tuskeegee Airmen


unclemikey wrote:
Personally, as a working professional I would be proud to have that photo in their calendar and would buy 20 more for my family.


Good point Mike!!!




Sep 26, 2014 at 08:23 AM
binaryvision
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p.1 #19 · p.1 #19 · I don't want to be the guy to sue the Tuskeegee Airmen


unclemikey wrote:
Personally, as a working professional I would be proud to have that photo in their calendar and would buy 20 more for my family.


Sure, you can be proud, but it doesn't change the fact that fundamentally, they did the wrong thing.

The thing is, I'm sure it wasn't malicious - they just didn't know, and they're never going to know unless someone tells them. So while I completely agree with the above comments indicating you should probably chalk it up to a learning experience, make sure it's also a learning experience for them: tell someone that you sincerely appreciate your photo appearing in their calendar, but that for future reference they should make sure to request permission before printing something they'll be offering for sale.



Sep 26, 2014 at 11:16 AM
loykastj
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p.1 #20 · p.1 #20 · I don't want to be the guy to sue the Tuskeegee Airmen


Are you sure they are selling it in the pure sense of "for-profit"?
I imagine the Tuskegee Airmen commemorative exhibit is selling calendars to support their exhibits and costs associated with it. I highly doubt they're trying to rip you off. I doubt they hired anyone to do the majority of their photos, they probably rely on people like you to help support them.
Like Mikey wrote, I would be proud to have a photo in a Commemorative Air Force calendar.



Dec 28, 2014 at 10:37 PM
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