Newspaper publishing photo. Help!

Lauren Fitzgerald · Apr 27, 2009

I had a client come in today for business headshots. It turns out, he needs them for the Washington Post and the Baltimore Sun. How do I do this? I can give him a limited copyright release to the photos but shouldn't I be credited somewhere if they are being published in a newspaper?

I am not sure how this works, as no one has needed my photo for a newspaper before.

KmH · Apr 27, 2009

You need to visit those publications web sites and look for their policies as a start.

Unless you give your client a Use License allowing him to do so he can't just hand them over to the papers and they know that.

It would be to your advantage to have the newspapers deal with you directly. Based on what you discover on their web site you will be better prepared to request attribution, payment or both . Payment is unlikely. If your client was that newsworthy they would have sent one of their photographers to do the headshots.

A side note: Copyright is a law. Individuals do not have the authority to alter or limit that law.

However, we can grant a Use License, also known as a Print release, wherein a photographer or other artist can define how a client is allowed to use their copyrighted image. With improper wording, like copyright, in a print release/use license you could easily and inadvertantly give all rights to your images to a client without recourse.

SpeedTrap · Apr 27, 2009

Your client came to you for a headshot for a news article; he is the news, not your photo. Sure it is great if you get photo credit but if you make this tough for your client he will go somewhere else in the future.
This photo will not make or break your business.

Jim Gratiot · Apr 28, 2009

SpeedTrap said:
Your client came to you for a headshot for a news article; he is the news, not your photo. Sure it is great if you get photo credit but if you make this tough for your client he will go somewhere else in the future.
This photo will not make or break your business.

True. But if you can't get actual credit from the paper, you still can...

1) get a testimonial from the client saying how wonderful you are, etc. You can then use this testimonial in your marketing materials.

2) use the fact that your work has appeared in the Washington Post/Baltimore Sun in your marketing materials.

Not everybody can say "My work has been published in The Washington Post, The Baltimore Sun, etc."

Furthermore, I agree w/ SpeedTrap. Don't make a huge issue of this... you're better off keeping this client on your good side, because he is a source of future pictures and potential referrals to other clients.

Seefutlung · Apr 28, 2009

Newspapers are not obligated to provide photo credits. They do so as a courtsey. Typically, credits are given based upon size of published photo and by the importance the story is to the general readership.

If the story is editioral/news in nature, I doubt if a release is necessary.

Gary

Lauren Fitzgerald · Apr 28, 2009

Hmmm, this is all interesting. Actually, the client came to me for engagement photos and asked if I would do some headshots for the paper. He wants me to hand over the digital images without paying extra for them. I am just not sure if I should do that.

SpeedTrap · Apr 29, 2009

no you shouldn't.
If he needs head shots he needs to pay for them unless you agreed to do it as part of the sesion.

Lauren Fitzgerald · Apr 29, 2009

This is how it happened: he and fiance came for engagement photos. Very sweet couple, no problem at all with them. The man asks if I might do some business head shots while he is there. Sure, no problem. I took the photos for him. Yesterday I get an e-mail asking me to send him an attachment of all the business photos to give to his company to use in the newspaper. I told him I never "give" my images away. He said the most the company would pay me is $25 for the images. I also said I wasn't sure if the paper would even print a photo without a release from me and to find out if I needed to give him one. His boss writes and wonders why I have a problem with giving them the image when I wouldn't be making any money from it anyway.

?????

So basically I don't know which I'm more concerned about, the copyright stuff or the fact that they want the photo for nothing.

Sorry, I'm having a bad day. I'm sure this will make sense to me tomorrow. lol

Seefutlung · Apr 29, 2009

1) The newspaper is protected by the 1st Amendment ... don't worry about a copyright infringement. If you have any concerns then send it to the man and have him forward the image to the newspaper. You're out of the loop.

2) Charge the man the usual fee for a sitting only (if you had to change the lighting, backdrop et cetera. If no change was required then give him a discount off the normal sitting fee).

3) Send him a bill/file with a disclaimer that the "free" image/file is to be used for the newspaper only.

4) If the bill is greater than the $25 ... well that's the man's problem not yours ... unless you think $25 is fair ... in which case implement #1 and #3.

Gary

Lauren Fitzgerald · Apr 29, 2009

Good advice.

No, I don't think $25 is fair, considering I usually charge $150 for a high resolution image and that is only AFTER a $200 print purchase. I really don't care so much about the money, I guess it's just the idea that if I give him the digital file for the newspaper, is he going to expect me to give him the digital files I took of he and his fiance also. I don't want to set a precedent.

I will write up a blurb that says the photo is for the paper only and not for any other marketing, etc.

Seefutlung · Apr 29, 2009

5) Provide the newspaper with a small file. Newspapers have a resolution of about three dots per inch ... seriously most newspapers use about 170 Pixels Per Inch / 85 Lines Per Inch. So call the paper and see what the minimum resolution/size they need for publication.

6) Forward the file directly to the newspaper. This will make it harder for the client to get his hands on the file. Add a written note and embed into the file, language ... something to the effect of "This Image is Authorized For Gotham Gazette Use Only! Any other use or distribution of this image will result in my attorney ripping off your toes and stuffing them down your [expletive inserted here] throat. Love & Kisses Lauren"

Gary

henkelphoto · May 1, 2009

Okay, I'm a little late on this thread. As for the Sun and Post, they will most likely use this photo as a "thumbnail" photo. In our paper, that means the photo will run 5 picas wide. That's a little less than an inch wide. So asking for a credit is useless. Newspapers get these photos all the time. They will usually ask the person being interviewed for the photo. Just give him a file that is 2x1 inch at 200 dpi.

Jerry

KmH · May 2, 2009

Lauren Fitzgerald said:
This is how it happened: he and fiance came for engagement photos. Very sweet couple, no problem at all with them. The man asks if I might do some business head shots while he is there. Sure, no problem. I took the photos for him. Yesterday I get an e-mail asking me to send him an attachment of all the business photos to give to his company to use in the newspaper. I told him I never "give" my images away. He said the most the company would pay me is $25 for the images. I also said I wasn't sure if the paper would even print a photo without a release from me and to find out if I needed to give him one. His boss writes and wonders why I have a problem with giving them the image when I wouldn't be making any money from it anyway.

?????

So basically I don't know which I'm more concerned about, the copyright stuff or the fact that they want the photo for nothing.

Sorry, I'm having a bad day. I'm sure this will make sense to me tomorrow. lol

Wow. You left a lot of interesting and pertinent details out of your original post.

......strange place...... but I'll figure it out.

DeadEye · May 2, 2009

I have this sort of stuff happen often enough. I could be a softie but this is what I do. "Keep the client happy" and they send more buisness your way.

Word of mouth is ever so important .