Newspaper posting images without consent-advice please

italodisco

Hi folks I am aware of the rules so I am not looking for legal assistance!

To cut a long story short, I contacted a journalist for a very well known newspaper as I had images related to a rather big story he was behind.

He was very keen to see all images and asked could he use them. I clearly stated that he could but I would need him to first let me know what amount they would pay for the images before I would give permission.

Fast forward a few months and there are my images used, 1 of them as the main image for the article which was a main story.

Contacted journalist to ask what the hell has happened as there were terms set out, I had no correspondence previous regarding the amount to be paid (which was all in writing so I have a full log from an official email address for the newspaper).

Told me it was an error and apologized. Said they would pay x amount... Which was a very low offer I might add.

Folks, given that they have clearly broken copyright here and published without my permission and totally disregard my clearly set out wishes....... I suppose I am asking what would any of you with experience do in this case.

3 images were used, 2 of which were very important to the article indeed.

All correspondence was in writing via email.

Any opinions are very much welcome.

italodisco

Anyone lol

brightspark

You might need to wait more than 9 minutes for a reply!

I think there are some here who either are or know specialists in the area, give them a day or two or use the search function as this topic recurs fairly frequently.

italodisco

brightspark wrote: »

You might need to wait more than 9 minutes for a reply!

I think there are some here who either are or know specialists in the area, give them a day or two or use the search function as this topic recurs fairly frequently.

LOL apologies, advice duly noted!

pixbyjohn

Invoice the publication for the fee you want

italodisco

pixbyjohn wrote: »

Invoice the publication for the fee you want

Okay but I'm pretty sure there's limits to what someone would ask for.

I'm not informed with regards to going rates in these areas

pullandbang

italodisco wrote: »

3 images were used, 2 of which were very important to the article indeed.

Invoice them for €250 + VAT per image

DesperateDan

pullandbang wrote: »

Invoice them for €250 + VAT per image

Why not ask for 10k per image? Who dictates a fair 'going rate'? Especially if they used it in such a blatant breach of copyright.

LeoB

As a matter of interest what is the going rate for getting an image published? Would it vary depending on the type of publication, regional or national? Or should I say a paper using an image, not necessarily like the scenario of the OP just say I spotted a footballer or Jockey or TV personality and sent in an image and it was used.

I know of a number of regional papers who regularly use images from facebook and the photographer doesnt get a cent. Some dont even ask.

I take photos at motorbike racing as a hobby and supply some images to the club to use. The give me access to track and all I want is my name attached to the article. Im happy with that as most papers dont cover motorsport and these small clubs and riders need the help.

ValueInIreland

DesperateDan wrote: »

Why not ask for 10k per image? Who dictates a fair 'going rate'? Especially if they used it in such a blatant breach of copyright.

Easy there Dan! The going rate for a national Paper would be in the region of €50 - €100 for the first image and then a lesser amount for extra images. A freelance on assignment to cover a full event for a National would be paid €80 - €150 and rarely any more, so that is really a practical limit. Having said that you did specify that they had to agree a rate first, so they are on the back foot to a degree...
As a matter of interest, what did they offer?

italodisco

ValueInIreland wrote: »

Easy there Dan! The going rate for a national Paper would be in the region of €50 - €100 for the first image and then a lesser amount for extra images. A freelance on assignment to cover a full event for a National would be paid €80 - €150 and rarely any more, so that is really a practical limit. Having said that you did specify that they had to agree a rate first, so they are on the back foot to a degree...
As a matter of interest, what did they offer?

In the end settled at close to 1k

by8auj6csd3ioq

In the end settled at close to 1k

well done

evolving_doors

Any chance of seeing the pic now :pac:

by8auj6csd3ioq

yes lets see you photo

ValueInIreland

Result!