National Newspaper used my photograph without permission

[manaheim]

^^^ that's certainly a good point, but I really don't think there's much harm in calling them up and making a "Whoops, I know you probably weren't aware, but..." type of statement in a nice way.

Good point on the friend though- worth checking with him first. If he provided the shot, then you'll need to sue his butt instead.

YES I'M KIDDING.

Sue me instead. I'm bored and haven't been sued in years.

 

[chrisburke]

i gotta be honest, i would be thrilled if this happened to me.. my photos have been in lots of papers here, but nothing as big as the sun

 

[tsaraleksi]

Easier choice. Send them an invoice. I think that they probably pay at most $100-150 for a picture, assuming they're a newspaper and not a magazine. Find out who you should bill, then send it. Couldn't hurt and it'd be a hell of a lot easier than getting lawyers involved (who will cost you more than you could even dream of getting for this image.)

 

[Flash Harry]

bill them, there's a site which gives guidlines for image size/prices, as its already published there's little you can do but you can get payment, you could see your solicitor but as advised it would probably prove more costly than its worth. I'd also tell your mate what they did to save you any bother. H

 

[bwlergh]

Easier choice. Send them an invoice. I think that they probably pay at most $100-150 for a picture, assuming they're a newspaper and not a magazine. Find out who you should bill, then send it. Couldn't hurt and it'd be a hell of a lot easier than getting lawyers involved (who will cost you more than you could even dream of getting for this image.)

I was about to say the same thing. No need to start a war over it. Legal costs will exceed what you will get out of the whole thing. It will drag on for months and in the end, media will do it again and again to someone else.

Send them an invoice addressed to to the accounts department, requesting that the invoice be paid within 30 days of the date of the invoice.

 

[manaheim]

Keep in mind, folks... consulting a lawyer does not equate to suing someone. Stop being so binary. Consulting a lawyer is an intelligent idea just to understand what your legal rights are. Knowledge is power. Going into even a basic conversation without understanding whether or not the paper has even done anything wrong would be potentially setting yourself up for some embarrassing moments.

Any private citizen suing a newspaper over something as trivial as this is really kinda insane. I would never suggest that.

 

[brettfoster]

First investigate how exactly they -could- have got that image. It would be crucial to know how exactly they got it. Was it obtained from your friend, another hosting location where it is legal to borrow or use the image, etc.

If it turns out they are completely wrong, send them a bill and a certified letter. Give them a deadline to respond that is reasonable. A week maybe.

If no reply, contact a competing newspaper and offer them the story how a competitor has stolen a copyrighted image and offer them the proof. I am sure the SUN has a few enemies out there....

 

[Michael P. Harker]

Model releases are usually mandatory when the image is used for advertising, but there is a category of known as "editorial usage" where the image is part of an article of news worthy importance. Newspapers could hardly meet deadlines if everyone in the photos had to sign releases.

This is also known as "public domain" images and especially in America, freedom of the press guarantees photographers the right to take photos of people in public. The paparrazis make their living doing it.

But the main thing is that once you have taken the photograph, it is copyright protected (in the US anyway). The reality of digital media and the internet is that people anywhere in the world can download your photographs and use them without you knowing about it or them caring about your copyright.

I discovered a website in Cambodia that had used one of my images and because it was not written in English, I had no way of knowing whether I was even given credit. Of course they never bothered to query me for permission.

I am sure the editor of the Sun would respond to you in a positive way if you send him a letter politely discussing the situation. Like everyone has said, ask to be paid and ask if you could work for them as a stringer. Being available as a freelance photojournalist has great potential for leading to a fulltime position once they get used to working with you.

Michael