I openeded Facebook earlier to an article from my town’s local newspaper with at least 5 of my photos from a local music festival included in the article without any credit. I gave the band permission to use my photos however they would like, as long as I’m given credit. They used my photos to promote a show they’re doing, in the newspaper, and they told the newspaper who I was. But then the newspaper printed off copies without crediting me there, nor online and I’m not sure what to do. I tried to contact them and they said I could “leave a message” and they never got back to me. I don’t know if there’s anything I can do.
Get it in writing. Period. Never trust that your instructions will be carried out, even if you text, or email them. Also make sure the meta data on your images is up to date with all your contact information. Never release an image with the words, “use them however you want”. Hard way to learn a valuable lesson. Trust no one.
If it’s online issue a DMCA takedown request.
https://www.copyright.gov/dmca/
You can do it yourself. For free.
Can’t. OP gave the band the photos, so OP has zero rights as long as the band credited them in their communication with the paper. The band could complain, but OP could not.
LOL, that’s hilarious. OP has not relinquished their copyright, and are fully able to issue a DMCA takedown. Doesn’t matter that he supplied the pics to the band, he’s still in full control of the photo. Furthermore, when he supplied the pic, it was with the express condition he be cited for his work, he was not thus…he’s fully within his rights as owner to pull them back.
Next.
Send the paper an invoice first. They used to just pay them. If they don’t, send the DMCA.
I’d send both. Then allow them to post them IF the invoice is paid.
The paper is just going to say that the band provided them and allowed their use. Sent the paper and invoice but be prepared for them to ignore it because the band provided the photos. Unless you can prove the band told them that they had to provide a credit, you may not have a leg to stand on. But the paper may still pay a realistic invoice to avoid negative press.
Unless you can prove the band told them that they had to provide a credit, you may not have a leg to stand on.
Presumably, since OP has the copyright on those photos, it would be on the band to prove that they had the right to sublicence the images in this way, not on OP to prove that they did not (since that’s the default), no?
Realistically, the print edition is out and done. But I’m sure they’ll add a photo credit to the story online.
Try to reach the photo editor if the paper has one. They’ll be more sympathetic since they’ll be from a photography background and work with photographers. I’d be nice (and include a link to your work/portfolio). It’s actually a good way to come to their attention.
They’re not OP’s photos anymore; they’re the band’s. The band can complain to the paper, but OP can’t.
OP said they want credit, not payment.
Eh you got some edumacation to cook
Forget credit, I would want to get paid.
To be clear, and to build on what others have said, your options are:
- Send the paper a message/letter asking for credit/payment
- Blindly send an invoice, they have already used the photos, so are a bit stuck
- DMCA the online services, facebook etc all have a reasonable form for this
The most likely and reasonable would be to send a letter/invoice or message and requested amount, and if met with an unsatisfactory response, DMCA take down request the photos.
An unsatisfactory response could be the paper saying the photos were provided by the band as is, and allowed their use. You don’t have to prove anything, you have copyright, DMCA that shit.
No
If you have a contract with the band stating whats said in OP all further communications should be through your lawyer. No contract, you’re screwed.
sounds petty, a town paper and local band, lucky if anyone reads the article never mind reads the credit on the photo, id keep the copy of the paper for a momento and move on
OP I’m curious, what is your end goal? Are you an amateur hoping to get a little recognition?
Always send an invoice first.
OP could well get that if they reach out to the writer or editor with a little diplomacy. What I was responding to were the suggestions they demand to be paid after the fact and threaten to file a DMCA request otherwise. As you pointed out that wouldn’t accomplish anything and potentially burn those bridges as well.
So has anyone ever got business or notoriety from a byline? Like someone saying I saw your picture?
It’s not hard to get your picture in the newspaper. No one who matters really cares.
I assume it depends on the laws in your country. And then it also depends on the contract you’ve made with the band. You have made a contact, haven’t you? The permission you gave them was written down somewhere? How did you send them the files?
You might contact the newspaper and tell them they didn’t have any rights to use the photos without crediting you and demand a reimbursement or something (depending on the laws in your country).
You might also contact the band and ask them how the communication with the newspaper went and why they didn’t credit you. The newspaper is probably going to put the blame on the band anyway, so you might as well talk with them first.
All copy and photo editors implicitly know that they have to give attribution. Period.
Invoice them
The paper is a professional business and knows they need to credit photographers. Some have just become lazy, and no one bothers them anymore, so they get away with it. They get to use your stuff to make money.
Send them a bill. If it isn’t paid, then small claims court. No newspaper wants to be seen as the bully and ripping people off.
You can share on social media the post and with a statement how they used your photos without permission or credit.
Just remember, you own the copyright, and you give usage license under terms. The terms were not met, so you have legal rights to compensation.