Photos for sale by local newspaper

tororosso

Hi guys, you might be able to give me some advice with this one?
About a year ago I did some freelance photography work with a local newspaper but have long since given up doing any events for them due to issues with payment delays etc. Anyway, I clearly expressed to them at the time that they had no ownership of my photos and I have now just seen them advertising some of my photos for sale on the internet!
the link is below:
http://www.gazettephotos.com/SUBWEB_VIEW_EVENTS_GAZETTE.ASP?storeproc=graballevents

I was wondering has anybody experienced anything similar to this before? What course of action can be taken??
Any feedback would be appreciated

Mylow

Link has expired.

Is it on here, http://www.gazettephotos.com/subweb_view_events_gazette.asp?storeproc=graballevents

Fajitas!

They're for sale? You defo didn't hand over any copyright?

Go to a solicitor asap.

tororosso

Yeah Mylow thats the link!

Fajitas: No I never did. In fact I had a rather annoyed conversation with a few people there on the phone at the time and clearly stated they did not own the photos. Still, a solicitor would be a bit expensive don't you think?!

Fajitas!

Well, if they're intent on making profit from your photos, then you're entitled to your share. They're your hard work, after all. Even a solicitors letter could do the trick.

Mylow

I would write to them first, give them a week to remove them. If they don't then take legal action. Might be worth posting in legal section on Boards, though not sure what the posting policies are, I think a bit sticky about advice been given on Boards.

smelltheglove

I would not let it lie at al tbh. It is YOUR work so they have no right to sell it. I know papers do sell pictures upon request, from experience whenever my dad wanted a picture taken of his team he'd contact the paper and would buy it. Last time I remember it was something small like 20 quid or something but this would be the photographers price for the image. The paper has not bought copyright from you and has nothing to state this.

Did you copyright the image to prove this, or do you still have any documentation of communication for the picture or even the original shot? Get on to them, state that not only do you want the shot removed you want any money raised from the sales or you will contact a solicitor re breach of copyright.

I only spoke to a photographer last night who was giving me advice and he said he sold a picture taken at a gig of a well known musician. This picture was to be used on the musicians website. The picture was then put onto the musicians myspace where people could easily copy and download the shot so he got straight onto the management company and it was taken down within minutes.

DaireQuinlan

smelltheglove wrote: »

I only spoke to a photographer last night who was giving me advice and he said he sold a picture taken at a gig of a well known musician. This picture was to be used on the musicians website. The picture was then put onto the musicians myspace where people could easily copy and download the shot so he got straight onto the management company and it was taken down within minutes.

huh ??!? This sounds nonsensical. Why on earth would you sell the rights to a photo to be used 'on the musicians website' and object when its put up on his myspace account ? last time I checked myspace was also a 'website' ?? Sounds like your photographer friend isn't doing himself any favours here...

smelltheglove

The problem he had with regards to this is he sold the picture to be used for promotion of the artist on his website. You know how you can go to some websites and you cant save as on a picture, but there is no such thing on myspace, any fan can save as with the picture thus getting the picture for free, the picture was sold to the artist for business use not to the fans and this is why the shot was taken down.

If you think about it this way, say youre a mad fan of bon jovi like we are in my house, you see a picture you like of him and you go buy the poster, this is profit for the photographer. If you see the picture and you can get it for free then there is no profit to the photographer. Personally I'd do the same, at the end of the day we're not talking small money when its an internation artist.

DaireQuinlan

smelltheglove wrote: »

The problem he had with regards to this is he sold the picture to be used for promotion of the artist on his website. You know how you can go to some websites and you cant save as on a picture, but there is no such thing on myspace, any fan can save as with the picture thus getting the picture for free, the picture was sold to the artist for business use not to the fans and this is why the shot was taken down.

But this is my point, this displays a pretty lamentable lack of knowledge about how the web works. Regardless of how a picture is 'protected' on a webpage, if its on the page then I can get that picture in its entirety as its displayed. The one possible exception is if the website uses a flash gallery to display the pictures, but even then I can get a screen res copy without any difficulty.

smelltheglove

Well I suppose it could be done but with this guy being a reputable press photographer he prob has it in his contract exactly what this picture is for and it did not include myspace. I could only imagine how much he charged for the shot. I know I'd be p'd off if i sold a shot to be used on one site and it was used on 2, that in effect is breach if the contract lists what site it is to be used on. They didnt mind though, they booked him for a private shoot after that so mustnt have been any hard feelings.

I suppose its each to their own but as the issue was raised before with regards to sale of a picture for use publicly in an advert, if it is used in another advert then the price for that also has to be negotiated, unless you sold the picture for unlimited use which is a completely different circumstance.

DaireQuinlan

smelltheglove wrote: »

I suppose its each to their own but as the issue was raised before with regards to sale of a picture for use publicly in an advert, if it is used in another advert then the price for that also has to be negotiated, unless you sold the picture for unlimited use which is a completely different circumstance.

Yeah if he sold it specifically for use on one website and this was specified in the contract then its fair game going after them for putting it up on another website. Initially it seemed that he had it taken down from the myspace site solely because "people could easily copy and download the shot" as though this was somehow different from putting it up anywhere else on the web.

smelltheglove

Yeah I see what you mean, no he said when he realised people were copying it he requested it down which leads me to believe he has a myspace and saw maybe fans using it as a profile pciture or something.