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Charging for photos
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So I noticed in a local paper that a local club have used one of my picturers, without my permission, to promote an upcoming event of theirs.
Usually I allow people to use my work, as long as I’m credited, but since I wasn’t asked or credited I want to charge them for using it.
The problem is that I don’t know the going rate for…well anything really! and I know all you wonderful people are in the know ;)So, whats a good price to charge them?
It’s not a very good pic wither, it’s just the principle of the matterHaven’t a clue about charging…but that was a bit cheeky of them to use your pic without even asking you for permission.
I think I’d be more inclined to ask them to print an apology or something in the local newspaper that printed the article and credit you as the photographer. Think that might be worth more than anything you might get in the way of payment.
Just my dime’s worth :D
Robbie
8)This happened to be a while back when a band I used to shoot photos for went ahead and sold a CD at a show using one of my images as the cover sleeve. I was pretty p***ed off that money was made with my image involved without me being asked or given anything for it. It wouldn’t have bothered me if I had been asked before & I wouldn’t have expected any sort of payment. I know the guys in the band though and know they have no money so there was no point in even chasing it. I stopped shooting for them afterwards though, which was probably worse for them in the long run.
Rather than asking for payment, as thats just a one off and a more short term outlook. Ask them to definitly credit you for the image and request that they commission you to shoot other things for them in the near future, for free even. It could be a good way to get a foot in the door so to speak and they may ask you to shoot for them more regularly and you might start to get paid for it.
Congratulations on getting the image published too!
Joker – technically, you could sue for breach of copyright. Practically, this is unlikely to get you anywhere. Maybe your best bet is to talk to the club involved to educate them on copyright and ask them to propose a remedy that is agreeable to both sides.
Pete, that was a rather serious breach of copyright. Imagine the bands reaction if you had told them you were making copies of their CD and selling them for profit without giving them their share of the spoils. I’m sure they would have been furious. :wink: Might have been worth taking it up with their producer/publisher/record company.
This could be tricky.
Was this an advert for the club? Technically, the paper should have confirmed that the club had the right to use the photo.
I was going to say, invoice them. But who do you invoice? The paper will pass the buck to the club and the club will pass the buck to the paper.
I would personally advise you to invoice the paper somewhere between 50-100 euro depending on the image size. It’s up to them to reclaim this money from the club if it can.
At the end of the day, the paper has made the mistake of publishing an image without checking that ther necessary useage rights are in place.
Andy
Thorsten, I totally agree that it wasa huge brach of copyright and I did think of selling copies of their CD at their next show with my image on and not giving them anything from it and mentioned it to them. They thought the idea was ridiculous and how could I think such a thing! I explained that they were selling my artform so why couldn’t I sell theirs? That was a bit irrational though, seeing as they are friends and I didn’t really want to make a big deal about it considering they sold 11 CD’s at ?5 each. They had asked to us emy images before on posters and in music magazines which I had no problem with once I was credited. I guessed they assumed it would alright without asking.
It’s particularly hard when things like this happen with smaller papers. You know the chances of payment are slim to none. Sometimes recognition is the best you can hope for un fortunately.
Just remember, you haven’t gotten the point across under you’ve crushed your enemies, driven them before you, and heard the lamentations of their women…wait, wrong board. I release all my photos under the Creative Commons, but I do get nasty with people who use my works outside my sole requirement of accreditation.
Honestly, show them no mercy.
I was in a similar position with a local newspaper.
Firstly they used one of my pics (downloaded from a local website) in an ad, secondly they used another of my pics from a local sporting event and gave the credit to someone else :evil:I got on to the editor, and very politely pointed out the error of his ways. He was extremely apologetic, offered to print a local landscape of mine in his paper (A6) with my contact details etc and promised unreservedly that it would never happen again. He was obviously terrified that I would sue him for copyright breach and also the downloading of images from the net, without permission.
Since then we have actually built up a very good relationship. He has yet to hire me for anything, but I act as PRO for our local GAA club, and he always prints stories and photos I send in to him, up to double page spreads, and every photo gets accredited to me, very often “words & pics by Kevin Morris” and has even included links to my site on more than one occasion.
It is definitely worth following up with them.
Rgds
Kevin
Thanks for the advice!
I think I’ll go for the nameing rather than trying to get money out of them.
That should help more in the long run, and not sour relations or give me a bad name with other clubs in the area.Joker, how did they get their hands on your photo. Did you send them a photo/file for other purposes, did they download it from your website…. also is it a camera club? If it’s a camera club they should really know better.
Personally I’d get the club or paper to print another image with your contact details on it, so you can maybe get other business from the “advert”.
That’s really great – I think I’ll go into Thorsten’s website and steal a few of his shots put them in my website as my own. I think you have them Joker and certainly should demand something in return for the use of your photographs.
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