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Archive 2015 · Photo On Cover without Notice or Credit

  
 
Boss302
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p.2 #1 · p.2 #1 · Photo On Cover without Notice or Credit


Another suggestion might be they could do a "feature story" on you and your small business (how you started in the community, working as a small business, etc.) to cover the monetary costs and provide you publicity - an example story headline "Last month's cover image and how we got it..."


Jun 02, 2015 at 12:34 PM
Nikon_14
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p.2 #2 · p.2 #2 · Photo On Cover without Notice or Credit


TTLKurtis wrote:
By the way you guys would be surprised how clueless a magazine's owner can be about copyright law and how things should be done. Having worked closely with a local wedding publication for about six years, it is downright shocking how clueless they are.



...or how much they learned from acting class in college on how to feign surprise when they're caught doing something they knew was wrong.

You know, it all depends on what the definition of 'is' is.



Jun 02, 2015 at 12:58 PM
TTLKurtis
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p.2 #3 · p.2 #3 · Photo On Cover without Notice or Credit


Nikon_14 wrote:
...or how much they learned from acting class in college on how to feign surprise when they're caught doing something they knew was wrong.

You know, it all depends on what the definition of 'is' is.


Trust me. There are liars and snakes... And there are people who just have no clue what the hell they're doing. There are plenty of photographers that don't even understand their own rights. Just saying, a lot of people are ignorant, even in positions where you think it's impossible that they could be.



Jun 02, 2015 at 01:18 PM
amonline
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p.2 #4 · p.2 #4 · Photo On Cover without Notice or Credit


Contact your lawyer.


Jun 02, 2015 at 03:27 PM
Future Man
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p.2 #5 · p.2 #5 · Photo On Cover without Notice or Credit


this might be a dumb question but I don't think ohsnaphappy addressed it...

do you have something in your contract stating that you hold reproduction rights on the photos you take at a wedding? I'm not a wedding photographer, but I guess something like that is pretty standard? do you explicitly go over that portion of the contract every time you are hired for a wedding? If so, client is looking pretty shady for sharing your work like that.



Jun 02, 2015 at 03:53 PM
ohsnaphappy
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p.2 #6 · p.2 #6 · Photo On Cover without Notice or Credit


Lawyer said not discuss anything online. Someone delete this thread for me, haha!


Jun 02, 2015 at 06:20 PM
DigMeTX
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p.2 #7 · p.2 #7 · Photo On Cover without Notice or Credit


Let us know what happened once it's all done and you can talk again!


Jun 02, 2015 at 07:06 PM
glort
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p.2 #8 · p.2 #8 · Photo On Cover without Notice or Credit



I'll be real interested in what the lawyers fees are Vs what you get in compensation.

I really question the value of the publicity. I can't see any couple booking you over anyone else just because you were put on the cover of an olline mag. If you are doing your marketing right and covering your area well, People in your market should have already seen and heard of you so the amount of people reached through a credit in the mag would be a lot less than one would think I reckon.

I don't see much value in this monetarily or promotions wise myself but I do hope you get just compensation out of them and they have to pay up to teach them a lesson even if you don't get to pocket much out of it.

That said, they have probably been down this road before, know how to play the game and calculated the cost Vs risk/ penalty equation and decided to go with it anyway.



Jun 02, 2015 at 08:20 PM
ohsnaphappy
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p.2 #9 · p.2 #9 · Photo On Cover without Notice or Credit


You know every market is different, so I never know what's going on in other parts of the country. But brides have become more aware of amateurs posing as pros, at least in my market. So the trend is for the bride to ask for a list of all published works. I know of brides who've walked from a photographer because they've never been published. So right now, in my market, the fact that we've been on regional magazine covers is very appealing.


Jun 03, 2015 at 12:45 AM
Micky Bill
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p.2 #10 · p.2 #10 · Photo On Cover without Notice or Credit


As we all know copyright infringement is a federal issue and any case must be filed in a federal court. So from what I have learned in the multiple times similar things have happened to me is that unless you have the $10,000 retainer for an attorney and the infringement is done by a deep pocket company it's more practical to treat it as a mistake and bill them. Figure out the realistic fee ($1400 was mentioned) then double or triple it as a penalty for getting caught stealing.




Jun 03, 2015 at 02:38 PM
rw11
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p.2 #11 · p.2 #11 · Photo On Cover without Notice or Credit


slay12345 wrote:
I agree with Tony, but I'm coming from the stock photography world. Send them an invoice to be paid within 30 days then turn it over to an attorney. I'm estimating this cover would license for over $1400 on sites like Getty.


agree, but an attorney - not just any attorney but one who specializes in copyright law (or IP law) - needs to be involved

your attorney may specialize, but not discussing your case online is good advice

the basics are that you already own the copyright w/o having to do anything at all; if you register the work with the US Govt. then certain types of damages are assumed

part of the settlement (whether you go to court or not) can be that they do a piece on you, or they publish in a later issue that the photo was yours - the former will be more effective but they may be less likely to do that (unless an attorney makes it "worth their while")



Jun 03, 2015 at 02:51 PM
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