Didn't give me credit when they said they would...

Discussion in 'General Shop Talk' started by Cinka, Oct 2, 2008.

  1. Cinka

    Cinka TPF Noob!

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    A photo of mine is currently featured in the Pasadena Weekly. While I was told I would get credit, I did not. Credit was the only reason I conceded to let them use it. I gave written consent to the person featured in the article, (the person the picture is of) and he told the writer of the article. I know this is a backwards way of doing it, but if I was told I'd get credit and didn't...do I have any recourse? I'm about to write a letter. Do I have the right to be upset and ask for retribution?

    ~K
     
  2. Phranquey

    Phranquey TPF Noob!

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    You gave written consent to use the photo, but did you get your part of the agreement of credit in writing? If not, there isn't much you can do. I know it sucks, but NEVER trust a verbal agreement. Chalk it up to experience, and you won't make the same mistake next time.
     
  3. Cinka

    Cinka TPF Noob!

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    Well, it goes like this:

    The person in the photo is the person the feature is about. He sent off the photo and his interview answers to the paper with a caveat that I should get photo credit.

    I guess I should have gotten real confirmation, but how can they publish something when someone asks for credit and they don't give it? If credit was asked for, they should oblige. Isn't that copyright infringement? You'd think a newspaper would know better.
     
  4. Stranger

    Stranger TPF Noob!

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    verbally asked for from a 2nd party and in a written contract are completely different. You would HOPE they gave you credit if it was done verbally, but you cant really do anything. You can try, but "That was never said" makes it his word against yours which voids the claim.

    Like mentioned, take it as experience and never forget the power of the pen and paper
     
  5. Cinka

    Cinka TPF Noob!

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    No, I get that my bases weren't totally covered, but the end result is that technically, the paper used my image without permission. Isn't the paper's job to ask for permission? If they used the interviewee to get permission, it's their fault for not covering THEIR bases. Wouldn't you think? At the very least, I'll still write them a letter and convey my distaste for their poor practices. I'll get it off my chest anyway.
     
  6. John_Olexa

    John_Olexa No longer a newbie, moving up!

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    I would! Tearsheets are importent to a photographer! At the very least they should put a "correction" in the next issue.
    Good luck!
     
  7. Phranquey

    Phranquey TPF Noob!

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    I'd probably do the same. Let yourself cool down, though. Make your letter concise, but don't be rude or nasty (i.e. - "your paper sucks for jacking me over", etc). State the facts as you have here. You never know what may happen.

    Good luck.
     
  8. craig

    craig TPF Noob!

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    Did you put your credit, keywords, caption etc in the File Info of the photo (assuming it was digital)? If not; why? I would say you have no reason to get upset and do not ask for retribution.

    Arguably; bylines, copyright and terms and conditions are all solely the photographers responsibility. Personally I feel that if a byline or whatever gets lost I only have myself to blame. I think the client would like to bend over backwards to help, but they just do not have the time or interest.

    Love & Bass
     
  9. Cinka

    Cinka TPF Noob!

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    Good advice. I'm actually a pretty good letter writer and will indeed remain calm. But wouldn't it be great if I could just go off..."OMG! WTF! You totally F@*cked me! U FAIL! DIAF!" Ahhh, if only.
     
  10. Renair

    Renair TPF Noob!

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    Hi Kristen, was there any credit at all or just no credit what so ever? I often get stuff published in papers but usually they dont give credit to freelances, it's not the norm, unless A, you have signed a contract with them to do so as you are a regular with them and B, if you look at most papers, the only credits really given are for big agencies like Getty etc etc. It's tough I know, but it's also good to keep a cut out of the publishing for your collection, at least if someone wants to know your published, the paper can at least acknowledge it in a letter to you or verify it for a future employer.

    By the way, love your site.
     
  11. Cinka

    Cinka TPF Noob!

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    None whatsoever. I know it's my fault for assuming the paper was admirable. They're a pretty small paper, so I guess I figured they wouldn't act like a big paper.

    Eh, lesson learned. Credit or not, I can still say I'm published in a paper. Something, if very little.

    Renair, thanks for the compliment on my site :)
     

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