Trying to grow a spine

[mel]

I just saw a promotional poster for a shoot I did for a local arts center to promote a play performance. I was not compensated for doing this last minute (I was just helping out a friend more or less) and seeing the poster, I was also not given a photo credit for the three images that were used on the poster.

The more I sit on this, the more perturbed I become. I'm sure the friend that I did the shoot for gave the graphics people the credit information as she's always been a big advocate for me getting credit for my work.

I did send her an email trying to politely state my view on this without burning bridges. But technically, since they did not pay me, I still own the images. Don't I? I do have a contract with them for the last shoot I did, that was paid, but I don't have a copy of it as it was signed by proxy. I keep asking for one but haven't gotten my copy yet.

Help me grow a spine. I don't want to be a doormat with a camera.

[gawan]

I am with you completely! I know exactly the feeling, that comes when you start helping out but end up being just exploited!

I think the main fact is that you never have lost your rights to your own work. Even when you had made a deal to allow some to use your picture for some purpose or even exclusively, regardless if the pay to you or not, you still own your work. You are not giving away your work per se, but only the right to use the images for a certain purpose.

The least that the user of your work should do is to give credit to you, and secondly should negotiate with you if there is any need to give you some financial compensation!

EDIT: BTW, when you keep your RAW-files to your self and distribute only JPEG's you always have a proof of you being the original artist.

[daacon]

I think you are taking the right approach - the whole fly with sugar thing. You have an Email that is good -written confirmation. Another Email perhaps asking if they recieved the previous Email. I this one you might offer a specific date and time or range of dates of times that you gladly discuss this over the phone or perhaps in person (if that is feasiable).

Can you contact them by phone? I would explain just as you did here. It's not financial compensation you desire for these photo's but credit. Credit can lead to other opportunities. This is a buisness for you (part time or otherwise does not matter) and you have leant (as Georg indicated) your photo's for their event for free in the hopes you can get some free exposure.

I think you are doing the right thing , give them the benefit of the doubt until you know otherwise. If it does come to a head - simply invoke your ownership rights of the images (that will never be in dispute) back and ask that the posters be removed. I would not think it would come to that unless there are some shaddy caharacters involved.

Good luck.

[Damn Brit]

Hi Mel, sorry about this shitty state of affairs. One thought I have is that, if this is an amateur dramatic production, they are just super enthusiastic when it comes to the production but super clueless when it comes to what's right and what's wrong. One way for you to get your credit would be to insist that that you get your credit in the performance program (this may already be something they plan to do).
Good luck

[mel]

I did hear back from my lame-o email about the issue and was told that the credit was originally there but a line of text dropped of the document during the file transfer. And the same thing happened with the postcards that are being printed and mailed out. I have no choice to believe them but that seems awfully convenient. As I said, I don't think it was MY contact that dropped the ball but someone else.

She is going to make sure that I get credit in the program for the work. However, the postcards will be going out to every household in the area. The programs will only go to those in attendance. If people go to the website, there are a few places where it states that ALL photography is by an individual that is not me.

I only gave them jpegs. I offered the tifs when printing was mentioned but they never replied on that issue. So I have the raw and tif images. I never offered the raws and probably wouldn't. But thanks for the confirmation of why that's a good idea.

Thanks guys for the support. I appreciate it.

[Damn Brit]

Definitely get them to update the website Mel otherwise that person who isn't you could get work meant for you.
Haven't you got any legal books in that library you work at?

[mel]

Originally Posted by Damn Brit

Definitely get them to update the website Mel otherwise that person who isn't you could get work meant for you.
Haven't you got any legal books in that library you work at?

Yeah we have legal books but who has time to read all that!!! I'm too busy dealing with the public.

The website doesn't have any of my shots posted on it but working with the public I am well aware of how brains can work. Although my shots are not on there, they will see that notice that all is by mr. x, and conclude that this one is too.

I do check it frequently to make sure that if anything does appear there I'm credited for it. Sigh. One should never work for friends or relatives. Someday I'll stop being such a nice person and say no.

[Damn Brit]

Well if you get Mike to come over with his Bigma, maybe you can have him wave it menacingly at them.

[MRRiley]

Originally Posted by mel

I did hear back from my lame-o email about the issue and was told that the credit was originally there but a line of text dropped of the document during the file transfer. And the same thing happened with the postcards that are being printed and mailed out. I have no choice to believe them but that seems awfully convenient. As I said, I don't think it was MY contact that dropped the ball but someone else.

She is going to make sure that I get credit in the program for the work. However, the postcards will be going out to every household in the area. The programs will only go to those in attendance. If people go to the website, there are a few places where it states that ALL photography is by an individual that is not me.

I only gave them jpegs. I offered the tifs when printing was mentioned but they never replied on that issue. So I have the raw and tif images. I never offered the raws and probably wouldn't. But thanks for the confirmation of why that's a good idea.

Thanks guys for the support. I appreciate it.

Mel...

BS is still BS even if you dunk it in perfume... it still stinks underneath.

They have breeched YOUR copyright of the images.

For the credit to get dropped from the poster AND the post cards is not an accident. You need to DEMAND that they stop the postcards from going out without your credit! Too bad for them if this busts their advertising budget. If they have already gone out they need to print new CORRECT ones and send them out as well with a great big apology!

You also need to DEMAND that they give you proper credit on the website IMMEDIATELY. Something like "Photos on the production poster and advertising postcards by Mel..." would suffice to some extent.

You need to stand firm on this. They have already abused your relationship and will do it again if you don't stand up to them! If you do lose them as future clients you havn't lost much. They on the other hand have lost a superb photographer.

Mike

p.s. if you want me to come threaten em with the Bigma I will... LOL

[Jun Park]

Is anyone else struck by the irony of people in the art business not understanding the concept of giving credit to the artist?

I agree with MRReily. You need to make it very clear that you own the rights to the image(s). Maybe you can give them a couple of options: 1) they can reprint the posters, flyers, and PROPERLY update the website to give you proper credit for your work, or 2) they can pay you. Cash. Right now.

I think you're being very reasonable because you gave them something of value without monetary compensation and they are not even willing to say "thank you."

[Damn Brit]

Let's get t shirts made "we are mel and we take great photos" and stage a protest on opening night.

[kerrowdown]

I with MRRiley on this one, stand your ground, you are the injured party here not them, they are your copyright.

[rormeister]

Well, any printer with integrity knows about credits. To 'conveniently' or 'accidentally' remove credit information is the fault of the printer. If you know who the printer is, go directly to them with the "I wanted to talk to you directly about this 'omission' before involving my attorney". Sadly, many of us 'amature' photographers are oftentimes so flattered that someone likes our work that we forget to get things signed and credited.

To prevent bad feelings or the possibility of losing future work with your performance company, let them know that you plan to take this up with the printing company. It should be the printers who absorb this error.

Having hundreds of photos sent to homes in your area without your credit on them amounts to incalculable loss of potential revenue from it's referral.

Good luck, and good lesson.

[flyer]

I agree with Gary.
Ask for the website to be updated and forgive the use of the postcards without a correction made on them. It should be very easy to overprint the postcards, anyway. By the way, I'm co-owner of a printing business, and lines don't just get "dropped". Any decent printer sends a "proof" of the job to the customer for final reading AND approval, so my thinking here is that "somebody" did a favor to the other photographer. Stands for your rights. I'm behind you (not that it will make a big difference, but I'm behind you the same) Good luck!

Yves

[mel]

I love you guys. Every last one of you goshdarnit! <sniff>