Copyright advice

pa79 · 10-26-2009, 03:53 AM

I need some advice. I found out on Friday that the local newspaper here published a photograph of mine a couple of weeks ago, without acknowledging my copyright. The photograph was used to illustrate a review of a dance show which I had shot for the choreographer/lead performer, and it was she who had forwarded the photograph to the newspaper. In the email, she very clearly specified that I was the photographer, so it seems clear to me that the newspaper is at fault, but I’m not sure what I should do about it - if anything? This was my first photo to get in print, so I was rather miffed to find out my name wasn't on it!

Any thoughts or suggestions would be very welcome.

Mike Cash · 10-26-2009, 06:22 AM

Never attribute to malice that which is adequately explained by ignorance...... The newspaper most likely just assumed permission since the photo came from a person who was both in possession of it and a person in charge of things.

Chalk it up to lack of clear communications, consider it a lesson learned, and perhaps ask the newspaper to belatedly credit you for your photo. They should be willing to do at least that much. If they balk, then inform them you will be willing to accept a cash settlement instead. That'll get their attention.

creampuff · 10-26-2009, 06:52 AM

Watch these segments where intellectual property attorney Ed Greenberg addresses the same issue...

YouTube - Photoshop User TV interview with Ed Greenberg- Part 1

YouTube - Photoshop User TV interview with Ed Greenberg- Part 2

pa79 · 10-26-2009, 07:05 AM

Mike - That's exactly what I was thinking, so it's nice to hear somebody else saying the same thing. Thank you.

Creampuff - thank you for the links - I'll check them out this evening.

*Wheatfield* · 10-26-2009, 08:01 AM

Ed Greenberg is an American lawyer. US copyright law may not mean much to you in England.
Forst, check the copyright laws of the country you are in to make sure you actually own copyright. It's possible you don't.
If you don't, then STFU.
If you do, then perhaps call the paper and ask for a belated attribution.
It's not worth pursuing beyond that.

Talisker · 10-26-2009, 11:48 AM

If its UK you own the copyright unless you knowingly assigned it to anyone else.
That said, what exactly did the person who sent it to the newspaper say in their communication with the newspaper? Did they state that it could only be reproduced if you were credited? Did they have your permission to send it for publication? Did you have a clear contract with them?
It may be that the lesson is that if you do a shoot for someone, be sure that you have a clear agreement, in writing, as to what both parties agree to. Depending on where the photos were taken, and who featured in them, there may even be issues around permission to shoot in the venue, and from anyone identifiable in the image. Just a thought - some people are quite touchy these days...

Mike Cash · 10-26-2009, 03:37 PM

Originally Posted by Wheatfield

If you don't, then STFU.

That's a tad bit gratuitously harsh way of phrasing it, don't you think?

*Wheatfield* · 10-26-2009, 09:10 PM

Originally Posted by Mike Cash

That's a tad bit gratuitously harsh way of phrasing it, don't you think?

Perhaps, but I've found from personal experience that STFU is often the best policy, especially when the ground I am on is shaky.

*pxpaulx* · 10-26-2009, 10:24 PM

Originally Posted by Wheatfield

Perhaps, but I've found from personal experience that STFU is often the best policy, especially when the ground I am on is shaky.

Haha, I was initially thinking the same thing as Mike! But, as long as the policy applies to everyone it probably isn't a bad one to adopt

pa79 · 10-27-2009, 08:28 AM

Thanks for all the comments. I wrote the paper a (friendly) email, asking why they hadn't included my name and whether they could give a retrospective credit. They said (among other things) that the choreographer wasn't explicit, so you hit it on the head Talisker. Lesson learned!