DanPower
TPF Noob!
- Joined
- May 7, 2012
- Messages
- 81
- Reaction score
- 6
- Website
- www.danpower.co.nz
- Can others edit my Photos
- Photos OK to edit
Hi guys,
Please excuse my vagueness when it comes to names and stuff, but I'm trying to protect myself in case something actually comes from this. Please do no ask who the companies or individuals are, what the photos are of or to see them, as I will not oblige.
The basic story is I licensed a bunch of images to a company who then sent the images as samples to several publications. The copyright conditions I placed on the images when I sent them to the company were as follows:
Now I gave explicit permission for the company to send the images to publications as samples which they did, and they included a similar copyright clause stating that they were to be consulted before use and given proof copies so I could check athlete names. One publication asked to use them, we said yes, got proofs, etc etc. No others expressed an interest.
Today I get an email saying another publication has printed my image as a full 2-page headline image for an article about the company I licensed the images to, without our consent, without my proofing the article, and without crediting the rider. The colour cast in the image is HORRIBLE enough that I would have requested they change it or re-edited it for them (although reading the article it may have been done on purpose to illustrate a point) and they even got the location wrong. The company I licensed the images to is concerned and apologetic although it's still publicity for them so I don't know how worried they really are about it. I'm waiting on a response from the first publication who we actually gave license to use the images about how they feel about being poached as their issue is coming out soon and this one has already hit the shelves.
I imagine someone here has been in a similar situation before, can you suggest a course of action and whether this is worth chasing? I gave the images to the company for free for my own reasons however if a publication has poached them for their own use then I want to be compensated as any other photographer would. Should I be taking it up with the publication directly, or should the company I licensed the images to be taking it up with them? And yes I plan to discuss this with a lawyer once I have collected all the evidence and information, I just want to know what the forum thinks of the situation.
Finally could someone give me a very rough estimate on what a 2-page image in an A4 publication with a reach of 100,000-150,000 would generally be worth?
Thanks very much.
Please excuse my vagueness when it comes to names and stuff, but I'm trying to protect myself in case something actually comes from this. Please do no ask who the companies or individuals are, what the photos are of or to see them, as I will not oblige.
The basic story is I licensed a bunch of images to a company who then sent the images as samples to several publications. The copyright conditions I placed on the images when I sent them to the company were as follows:
As the owner of these images I retain full copyright but I give *insert company name* free, unlimited use in any and all media including websites, written publications, advertisements, or promotional videos on the condition that the photographer credit is given to 'Dan Power Photography,' athlete credits are given to the individual in the shot and that *insert company name* doesn't distribute the original image files to anyone without my prior written consent.
Now I gave explicit permission for the company to send the images to publications as samples which they did, and they included a similar copyright clause stating that they were to be consulted before use and given proof copies so I could check athlete names. One publication asked to use them, we said yes, got proofs, etc etc. No others expressed an interest.
Today I get an email saying another publication has printed my image as a full 2-page headline image for an article about the company I licensed the images to, without our consent, without my proofing the article, and without crediting the rider. The colour cast in the image is HORRIBLE enough that I would have requested they change it or re-edited it for them (although reading the article it may have been done on purpose to illustrate a point) and they even got the location wrong. The company I licensed the images to is concerned and apologetic although it's still publicity for them so I don't know how worried they really are about it. I'm waiting on a response from the first publication who we actually gave license to use the images about how they feel about being poached as their issue is coming out soon and this one has already hit the shelves.
I imagine someone here has been in a similar situation before, can you suggest a course of action and whether this is worth chasing? I gave the images to the company for free for my own reasons however if a publication has poached them for their own use then I want to be compensated as any other photographer would. Should I be taking it up with the publication directly, or should the company I licensed the images to be taking it up with them? And yes I plan to discuss this with a lawyer once I have collected all the evidence and information, I just want to know what the forum thinks of the situation.
Finally could someone give me a very rough estimate on what a 2-page image in an A4 publication with a reach of 100,000-150,000 would generally be worth?
Thanks very much.
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