What would you do when someone doesn't give you credit as photographer?

A long time friend asked me to help out his daughter with some modeling photos to get her portfolio started last fall.  She is in her first year of college, so I haven't had contact with her in some time.  While leaving a message for my friend on his Facebook page, I happen to notice a remark on his page from his daughter and her photo was one of them that I took.  So I clicked on her profile and it opened up her photos to see that 17 of my photos that I had taken and given to her with my small watermark in the lower right hand, were there, but my watermark you could see was cloned out. 

hmmmmmm


I'm a little disappointed about this and wondering if she submitted these to the modeling agency this way.  Not to mentioned them being just on her page with no recognition.  As mentioned these were taken as a favor.   Favor meaning A.K.A. = free no charge.  I feel like an partial idiot too.  When my friend, her father was asking for this favor, he stated "look at it this way, if she becomes famous, everyone will see you took these photos"


What would you do here? 

Be up front. "I am honored you asked for me to help Suzie present herself, and I am happy to help out my friend, and her daughter's endeavor. I see, however, that the images I created have been edited and my watermark removed. Now, I know we don't have a written contract, and I probably should have verbalized this up front, but my expectation and requirement is that my watermark remains on all of the images. I hope you understand that that is my compensation."

You will also need to have some idea of compromise points, if any. And expect push back.

You also need to decide if you're willing to request that they not use the images if they can't meet your requirements. Fortunately, for you, you can have the images removed from FB and other sites without their cooperation. Of course there will be a non-monetary cost to that action.

Good luck.  An excellent learning opportunity for you.

I'd have a good talk with the father and let him know you home his daughters college  and modeling is going well and let that be the jumping point into each others expectations from the start.  This will be a good point to segue into your surprise to see the watermark missing.  Perhaps it was an overlook, or just not communicated clearly.

As I'm typing this, I'm looking at Gary's response and I have to say, that is some darn good advice.  

Sometimes such mistakes are gives us some lessons about mistakes and we should try to keep that lesson because life will give you many opportunities for increasing. So do not be upset and if you have real talent in photography make it your business and prove yourself. I have a friend also who was suffered like you to be a weeding photographer and now he is one of the top wedding photographer in our local Milwaukee area and you can know about his business by milwaukeeweddingphotos.net site.

garyrhook wrote: Be up front. "I am honored you asked for me to help Suzie present herself, and I am happy to help out my friend, and her daughter's endeavor. I see, however, that the images I created have been edited and my watermark removed. Now, I know we don't have a written contract, and I probably should have verbalized this up front, but my expectation and requirement is that my watermark remains all of the images. I hope you understand that that is my compensation."

You will also need to have some idea of compromise points, if any. And expect push back.

You also need to decide if you're willing to request that they not use the images if they can't meet your requirements. Fortunately, for you, you can have the images removed from FB and other sites without their cooperation. Of course there will be a non-monetary cost to that action.

Good luck.  An excellent learning opportunity for you.

  I couldn't say it better.  This is very good advice to follow.   

"her father was asking for this favor, he stated "look at it this way, if she becomes famous, everyone will see you took these photos"

"

If this is what he said, then you have a leg to stand on.
Why would anyone go to the extreme to clone out your watermark? This could be your point of entry. "Was there something wrong with the images that you would take out my name?"

garyrhook wrote: Be up front. "I am honored you asked for me to help Suzie present herself, and I am happy to help out my friend, and her daughter's endeavor. I see, however, that the images I created have been edited and my watermark removed. Now, I know we don't have a written contract, and I probably should have verbalized this up front, but my expectation and requirement is that my watermark remains on all of the images. I hope you understand that that is my compensation."

You will also need to have some idea of compromise points, if any. And expect push back.

You also need to decide if you're willing to request that they not use the images if they can't meet your requirements. Fortunately, for you, you can have the images removed from FB and other sites without their cooperation. Of course there will be a non-monetary cost to that action.

Good luck.  An excellent learning opportunity for you.

You could let the friend know a picture of the daughter showed up on your Facebook page and you noticed your watermark was gone and see what response you get. I would think you may be right that it's likely the daughter needed photos without a watermark to use for her portfolio, and I doubt it would occur to her to make sure her dad's friend got credit when she may have just wanted to show them to friends etc.

I think the problem is once you give someone your photos you lose control over how the photos end up getting used, especially without a contract or anything in writing. They may think you gave them photos that they could use without restrictions.

The idea of her becoming famous and you somehow getting credit obviously wasn't likely even if it was well intended or just said jokingly on the friend's part. There seems to be a general idea that putting photos somewhere 'out there' gives a photographer exposure but I don't think it's beneficial to a photographer without figuring out how and where to market photos (and a friend that isn't a photographer probably isn't going to know how photographers market their photos).

Maybe you could work out something with the friend, maybe agree to allow the daughter to continue to use some of the already edited photos for her portfolio and request that some be displayed with your name/watermark. 

The girl is starting collage. I'd first approach her about it. Daddy may not realize she even did it.

garyrhook wrote: Be up front. "I am honored you asked for me to help Suzie present herself, and I am happy to help out my friend, and her daughter's endeavor. I see, however, that the images I created have been edited and my watermark removed. Now, I know we don't have a written contract, and I probably should have verbalized this up front, but my expectation and requirement is that my watermark remains on all of the images. I hope you understand that that is my compensation."

You will also need to have some idea of compromise points, if any. And expect push back.

You also need to decide if you're willing to request that they not use the images if they can't meet your requirements. Fortunately, for you, you can have the images removed from FB and other sites without their cooperation. Of course there will be a non-monetary cost to that action.

Good luck.  An excellent learning opportunity for you.

Great post. I would first go to your friend, and have him contact the daughter about it. And remind him that he and his precious one agreed to attribute you for them. If he, or she pushes back then explain Copyright law to him, and that you will trace down everywhere she has posted the photos, and demand a take down. You had an oral contract which in some states is as binding as a written one. This just teaches you to make everyone sign a contract, even friends&family.

What happened to this?

If she makes it someday, she'll be the one trying to defend her rights to her own work. This could be a good lesson early in her career to treat others as she will want to be treated.

I'm just seeing all your answers.  Big help everyone, I really do appreciate your answers.  I'm meeting up with the father tomorrow.  Matter of fact, him and his wife are coming over for a BBQ and drinks.  So that is where I'm going to make my move.  I hope to have a positive update shortly after.  

And this: