p.2 #1 · My photos published in school yearbook without permission!!!
JohnBrose wrote:
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....Show more →
I would talk to the principal. Better still, some elected official on the School Board. Elected Officials are more responsive.
p.2 #2 · My photos published in school yearbook without permission!!!
No Glort, she does not have the same right to make incorrect assumptions! That is why we have copyright laws.
She used someones intellectual property without obtaining the rights to do so. The op is not required by law to educate them about it for it to be a violation!
If he doesn't call this to their attention, they will continue to think that it is OK. Maybe next time they will use some pics off of your website.
Jun 03, 2013 at 07:27 PM
glort Offline • • • • [X]
p.2 #3 · My photos published in school yearbook without permission!!!
rodmcwha wrote:
No Glort, she does not have the same right to make incorrect assumptions!
Ah, yes, she does. She is as entitled to make a mistake as anyone else.
Given the op's lack of care and due diligence, it is entirely understandable.
If the shooter made an incorrect assumption regarding the use of his property, the person he gave it to has the same human rights as he does.
That doesn't mean what she did as right, that's secondary to her god given right to be human and make mistakes.
That is why we have copyright laws.
She used someones intellectual property without obtaining the rights to do so. The op is not required by law to educate them about it for it to be a violation!
Laws are all well and good but I bet you don't know every one of them.
Wether she knew the law or not, the OP did nothing to protect his property or take the time and effort to find out where it was going to be used.
It's all well and good to blame the other person for doing the wrong thing as is so fashionable these days but if you were slack and irresponsible in the first place, then you share the responsibility.
That's a well established law particularly in the US.
I realise in this day and age that doesn't go down well and people like to think it's always the other persons fault but that's a complete moral cop out even if it's not a legal one.
You can leave your wallet on the front seat of your car with it unlocked and all the windows down and if someone takes it, they have committed a crime. That doesn't mean you weren't a bloody idiot for leaving it there in the first place though nor that any reasonable person would think you were in part responsible for it being taken.
People need to take responsibility for their own actions, as much as an unpleasant ideal that is to so many these days.
If he doesn't call this to their attention, they will continue to think that it is OK.
Did anyone say he shouldn't make them aware of it?
I didn't.
Maybe next time they will use some pics off of your website.
Firstly the pics weren't stolen off a website. The OP handed them over without question or showing any regard for what the pics would be used for or where they would end up. He had every opportunity to control their use and didn't do a thing to prevent what he is now unhappy about.
Totally and completely different thing to having them stolen off a website so that's a poor suggestion to make.
Secondly, unlike so many, I don't plaster hi res pics all over the web and then cry when someone steals them.
Again to me, in many cases that's like leaving your wallet on the front seat of an open car. Anyone with half a brain knows it's going to happen and if you do nothing to prevent it, then you share the responsibility for the problem.
I realise some pics get taken off sales sites but that's generally not what gets used commercialy. Those pics are small, low res and often watermarked and are not going to end up on a mag cover or on advertising.
And before you get upset again, I'm not saying it's right for anyone to steal pics, I am saying that people should put due diligence and effort into doing their part to prevent their images stolen rather than just bleating after the fact.
If I was on a Jury looking at this case, I'd say yes, the teacher did the wrong thing. That is not in question.
In awarding damages however I'd take into account the shooter freely handed the pics over without any question or enquiry as to what was going to be done with them.
HE could have prevented the problem in the first place whether the teacher made an honest mistake or knowingly did the wrong thing with one simple question, "What are you going to do with them?".
That is the most basic and simple effort to make in protecting the use of your work by any stretch.
p.2 #4 · My photos published in school yearbook without permission!!!
I would be so happy that 'my' pictures were in my kids yearbook. you can always crack it open 5 or 10 years from now and remember you shot those images. what could be better, especially as a photographer? heck, he might someday show his kids that book and say grandpa took those killer shots.
yeah, the teacher 'should have' given you credit and sent you an email requesting usage. but the profit, if any, from the book likely will go to the school so no big deal. you might even take the high road and shoot her an email and say that you appreciated them picking them for the book and in fact, are giving them formal usage rights.
p.2 #7 · My photos published in school yearbook without permission!!!
picboy wrote:
I would be so happy that 'my' pictures were in my kids yearbook. you can always crack it open 5 or 10 years from now and remember you shot those images. what could be better, especially as a photographer? heck, he might someday show his kids that book and say grandpa took those killer shots.
yeah, the teacher 'should have' given you credit and sent you an email requesting usage. but the profit, if any, from the book likely will go to the school so no big deal. you might even take the high road and shoot her an email and say that you appreciated them picking them for the book and in fact, are giving them formal usage rights.
p.2 #8 · My photos published in school yearbook without permission!!!
Cineski nailed it in saying that the world believes that the image is without value and that the publishing of it is its own reward.
Having said that, I don't think you are in any position to go all "aggrieved pro" on her. Both of you are uninformed as to what is the proper procedure for an actual commercial transaction. Had you been, you would not have made a casual hand off of the photos to her. They are not professional clients and never will be. They don't understand the language and are convinced that anyone speaking about copyright and usage and fees is an arrogant jerk.
Learn from the situation and resolve to do it differently next time.
