Published without my knowledge.

[DrongoPhoto]

I got an email from a client the other day letting me know that one of my headshots had been published in a magazine without her (or my) knowledge. They featured her as an up-and-coming actress to watch and used one of my shots for the picture. I didn't get credit and I didn't get paid.

This is a very good thing for my client and I don't want to rock the boat for her sake. That said, it's pretty irritating that a small publication would yank a photo off IMDb and print it without asking anybody. What, if anything, should I do about this? Is there some copyright loophole regarding IMDb that I don't know about?

 

[Overread]

I assume IMDb is where you host this photo (as well as others) online. My advice is to first go to that site and comb through their terms and conditions of use - make certain that they don't have rights to sell to 3rd parties, that you retain copywrite and other such things.

If it appears that the magazine has no rights to use the photo your next step is to contact them and provide them with a bill for the use of your photo. Sadly these days its slipping into the industry the practice of pinching shots from the net and not paying for them and hoping not to get caught - and if you do you just pay out of the photo budget that you didn't use the first time around.

So bill them for the use of the photo (make sure your bill price is competative and fair - act professional even though they have not) remembering that you might not be credited for the photography (is your copywrite on the photo in the mag or any mention of you? If not that is another thing to consider).

Also remember that this has nothing to do with your friend - its totally between you the photographer (the owner of the rights to the photo) and the magazine.

Of course the above is only valid provided that the Terms and Conditions of the site are on your side- so make certain to check them first.

 

[bazooka]

Agreed... many hosting sites like photobucket claim they have the rights to use photos for their own advertising. It's possible that IMDb has a similar waiver upon submission. If not, I'd do something about it.

 

[KmH]

Checkout the "fair use" doctrine:

U.S. Copyright Office - Fair Use

If you think your copyright has been infringed:

http://www.photoattorney.com/?p=515

 

[DrongoPhoto]

Thanks for the info. I have some reading to do.

 

[KeonRobertson]

It is NOT okay for the publication to use the photo without your permission. Did you have the model sign a model's release (please say you did). I would immediately write a letter to the publication stating that the photo is copyrighted and you are due payment for the use of the photo.

 

[KmH]

Here is an interview with an attorney that specializes in this kind of law:

Bonus: Interview with Copyright Attorney Ed Greenberg | Photoshop User TV

It's been a couple of weeks DrongoPhoto. What's up!