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Archive 2015 · Local Paper used my image without attribution or consent

  
 
Pyrat
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p.1 #1 · p.1 #1 · Local Paper used my image without attribution or consent


Ok, so this is a first for me. I shoot (spec, not contract) for a local Semi-Pro football league, and one of the players got himself in some serious legal trouble, for which he was sentenced, etc. I have other issues with the story (Paper led the article with "Worcester County Wildcats Wide Receiver Jose Manuel Abreu-Elicier Sentenced To Prison For Role In Stolen Identity Refund Fraud Scheme" - the team had nothing to do with the individuals activities), but also used my image as the lead for the article.
I own the image (no rights were given to the team or league), and was not contacted. So, I will be contacting the paper to request compensation and attribution - but is that the right way to go about this? What other rights do I have?

http://worcesterherald.com/2015/11/worcester-county-wildcats-wide-receiver-jose-manuel-abreu-elicier-sentenced-to-prison-for-role-in-stolen-identity-refund-fraud-scheme/



Nov 23, 2015 at 11:08 PM
schlotz
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p.1 #2 · p.1 #2 · Local Paper used my image without attribution or consent


Yes, contact the editor immediately. Assume you had all the correct info imbedded in the photo, i.e. Copyright etc...


Nov 23, 2015 at 11:44 PM
Pyrat
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p.1 #3 · p.1 #3 · Local Paper used my image without attribution or consent


I did on the original, but the kid had peeled it off my site and posted it to his facebook page- so, not certain what was retained when the image was pulled.



Nov 24, 2015 at 12:41 AM
thebmrust
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p.1 #4 · p.1 #4 · Local Paper used my image without attribution or consent


You could contact Caryn Wright Photo Attorney.

Also, register the game images with the copyright office.



Nov 24, 2015 at 03:02 AM
schlotz
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p.1 #5 · p.1 #5 · Local Paper used my image without attribution or consent


As I said, contact the editor. Them getting your photo from a third party doesn't matter, you can prove the photo is yours and they are the one who published a photo without verifying they had permission.


Nov 24, 2015 at 09:48 AM
Pyrat
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p.1 #6 · p.1 #6 · Local Paper used my image without attribution or consent


Ok, I reached out to the editor, who got back promptly. They pulled the image down, and all is good. Might even have worked out a freelance agreement with them for future coverage. Lesson to me was to do a stronger job of watermarking images - tks. all.


Nov 24, 2015 at 12:08 PM
schlotz
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p.1 #7 · p.1 #7 · Local Paper used my image without attribution or consent


I suspected you would get a quick response. "...and all is good", you sure about that? You indicated they took it down, assuming this is in reference to their website but what about the paper it was published in? I would be asking the paper to compensate you for that photo at minimum, the same rate they do for other photographers. I would also demand they re-publish that photo in the next addition with an apology and credit reference to you.

While there never is a sure thing, you had a case that could have forced the issue to a more painful level, and they most likely knew it.



Nov 24, 2015 at 04:01 PM
Littleguy
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p.1 #8 · p.1 #8 · Local Paper used my image without attribution or consent


Let me guess - the kid used your photo as his profile image?

I see news organizations pull off profile pics from FB for news stories all the time - I think they are relying on the fair use defence and it was news worthy and related to the story at hand.

Of course, in your case, the kid never owned the license to post it on FB in the first place but news reporting activities usually provide a good defence for fair use...it would have been questionable how the court would have ruled if you had the resources to take it that far.

I think you did good in getting a new contact for future work.



Nov 24, 2015 at 04:27 PM
hotdog12
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p.1 #9 · p.1 #9 · Local Paper used my image without attribution or consent


How did they get the image? If you shot it in a work for hire situation for another client, you have no claim. But if you own the rights, contact the editor right now.

Don't yell or get upset or snarky--odds are the editor has no clue where the image originated. They should pay you a freelance rate typically of $25-$150 for the one-time use depending on the circulation size.



Nov 24, 2015 at 05:49 PM
gschlact
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p.1 #10 · p.1 #10 · Local Paper used my image without attribution or consent


Littleguy wrote:
Let me guess - the kid used your photo as his profile image?

I see news organizations pull off profile pics from FB for news stories all the time - I think they are relying on the fair use defence and it was news worthy and related to the story at hand.

Of course, in your case, the kid never owned the license to post it on FB in the first place but news reporting activities usually provide a good defence for fair use...it would have been questionable how the court would have ruled if you had the resources to take
...Show more

I agree the editorial Web and newspapers easily coast with the Fair Use rights under not needing to license Copyrighted content.

To learn a bit more, why and when do they ever pay for photos anyway?




Nov 24, 2015 at 11:20 PM
cocodrillo
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p.1 #11 · p.1 #11 · Local Paper used my image without attribution or consent


Calm conversation leading to future paid work.... sounds like an excellent outcome.


Nov 27, 2015 at 09:51 PM
glort
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p.1 #12 · p.1 #12 · Local Paper used my image without attribution or consent


cocodrillo wrote:
Calm conversation leading to future paid work.... sounds like an excellent outcome.


-IF- said work comes off and is paid that is.

Myself, I would have been nailing that agreement down. Work in the next month, payment when it happens etc.

Yeah, might sound over the top but I have been appeased by promises that never amounted to anything too many times now to get caught again.




Nov 28, 2015 at 03:29 AM





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