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Question about copy right


12 years 4 months ago #184474 by Frisco
I took some photos for a old high school friend who needed some shots of his new car and his wife. I just got a call from him saying one of my photos I took was submitted to a car magazine and suppose to be published in March. I asked if he gave credit to me. He said the magazine didn't have the room to give credit to me. :blink: I'm thinking he screwed up, realized that I might find out so decided to tell me after the fact.

What would you do about this?
Nikon 18-55mm VR, Nikon 70-200mm VRII f/2.8, Nikon 50mm f/1.8, Nikon 10.5mm Fisheye, Nikon 24-70mm f/2.8, SB-700 & SB-800
Photo Comments
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12 years 4 months ago #184476 by TheNissanMan
It's an awkward one as the photo was taken for a friend. Personally in this instance I would let it go as it is not worth losing a friend over...
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12 years 4 months ago #184482 by geoffellis
i find it difficult to believe that a magazine wouldnt have room to credit a photographer. further more id be surprised if they didnt either ask, or have in fine print on the submissions form that the submitter have ownership or permission to submit the photos for publishing.

I would personally pick up a copy of the magazine... see how the image was used... and then decide what action to take. Or even submit a request to the magazine for more information about how the photo will be used. Like TheNissanMan said... it may not be worth losing a friend over... however that doesnt mean that a magazine should have the indefinite use of said photograph. I wouldnt be surprised if by submitting your photograph he agreed to the unlimited/unrestricted use of said photograph.

I would definitely investigate further.
www.geoffellis.ca
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12 years 4 months ago #184483 by TheNissanMan
The difficulty in this is that from the sound of it the image was given to a friend after shooting a friends car. If the friend has then submitted the image to the magazine not knowing the ins and outs of copyright it could open up a full can of worms.

The friend is probably over the moon that his car is being shown in a magazine and the magazine may have asked the friend if it is ok to use the image...
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12 years 4 months ago #184487 by effron
The magazine knows better, I wouldn't let it go.....:angry:
Why so serious?
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The following user(s) said Thank You: Gary Trent photography
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12 years 4 months ago - 12 years 4 months ago #184500 by Henry Peach
How is the photo being used? If it's being used as part of an article that's one thing. I would think that if it were being used that way they would have no problem giving photo credit. "We don't have room" sounds like the readers' photo submission page. In that case they will probably just decline to use the photo. Whatever the use I'm sure in the submission guidelines the magazine specifies that the person submitting the photo needs to have ownership of the photo or the owner's permission to use it.

Get more info from your friend and then contact the mag. IMO this is an issue with your friend and not the magazine. They would have to be complete idiots if your friend said he didn't own the photo, and they decided to use it without the actual owner's permission. I bet your friend never mentioned you at all.
mattneedham.zenfolio.com
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12 years 4 months ago #184574 by john_m
It sounds more like a "reader's ride" section in the magazine (most car mags have these). If this was anything more, then your friend would have submitted all the info on his car and alot more photos would have either been needed or the publishing company would send out a photographer to do the shoot. When my friends car took front cover and center section, Mike Maez do the shoot (he was one of the photographers for a tuner mag back then).
Nikon D200
Nikon 50mm f1.8D, Tokina 28-80 f2.8, Nikon 75-300, Sigma 18-200, Nikon SB-600, Nikon SB-25, Promaster triggers
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12 years 4 months ago #184579 by Gary Trent photography
Frisco says: magazine didn't have the room to give credit to me.`

Me: Hobwash !

You should be given credit for your image via (what we call)
a cut line. That is ....... photo by____your name.
This is customary in ALL publishing whether it be
newspaper or magazine.

Get on it ! . . . . . . :catfight:
GaryTrent photography (Canada)

Owner of
Art Effects Gallery,
Grand Forks, B.C. Canada

Please visit me on Multiply:
whazit2u.multiply.com/
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12 years 4 months ago #184586 by Tammyluvshorses
I would contact that magazine and let them know that is your photo. I would do this asap, before it goes into print. You own copyright to that photo and technically that magazine can not use it unless they have permission. If your friend gave them permission he was out of line.
If you want your photo in the magazine, they should give you credit. All magazines have space for a credit line.
The following user(s) said Thank You: Gary Trent photography
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12 years 4 months ago #184596 by Gary Trent photography
Right Tammy
i work in newspaper & mag production for years.
The norm is ALWAYS a cut line for the photoèr.
GaryTrent photography (Canada)

Owner of
Art Effects Gallery,
Grand Forks, B.C. Canada

Please visit me on Multiply:
whazit2u.multiply.com/
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12 years 4 months ago #184629 by Baydream
:agree: And if it has gone to print, request a "correction" in the next issue. Not as good as an original credit but better than nothing. That way you avoid losing a friend and still get credit.
Shoot, learn and share. It will make you a better photographer.
fineartamerica.com/profiles/john-g-schickler.html?tab=artwork
Photo Comments
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12 years 4 months ago #184634 by icepics
Seems like submitting the photo for publication is beyond the intended use of the photo (you took the photo for them, but for their personal use). Maybe if it was submitted for a 'reader's photos' section of the magazine they just wanted to submit a picture of their car and didn't think til later that there may be a concern submitting the photo you did for them.

If it's that type submission I'd be less concerned than someone submitting a photo for publication that they'd be paid for - that's where I think it gets into improper usage (someone making money submitting your photo as theirs). They might have been thinking more about their car getting 'accepted' into the magazine.
Sharon
Photo Comments
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12 years 4 months ago #184635 by Rob pix4u2
As has been said contact the publication ASAP and get the credit that you deserve
Remember to engage brain before putting mouth in gear
Rob Huelsman Sr.
My Facebook www.facebook.com/ImaginACTIONPhotography
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12 years 4 months ago #184737 by Joves
I agree with everyone above. First I would explain Copyright Law to your friend. Then I would contact the magazine and tell them if they will not credit you then do not use the photo. I dont care if it even a reader submission, every magazine I have seen gives the shooter credit. The magazine saying they dont have room is BS. Once you have informed the magazine they have no choice to either credit you or not use it, you have let them know you intend to enforce your Copyrights. If they still use it then it is on them.
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12 years 4 months ago #184905 by backh0me652
Let us know the outcome. Your experience could help someone else that may in the same situation. Good Luck.
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