My photos used commerically without my knowledge, any recourse?

[LR Max]

Ok, so here is what happened. I sometimes take photos of an off road competition at a local 4 wheeling park. I know the owner of the 4 wheeling park and I give him all of the photos so he can put these on his website. I do not charge for these photos.

So fast forward to Friday, said owner of the off road park shows me a magazine called, "Jeep Junkies". There is an article in there about one of the competitors and his vehicle. They used a bunch of my photos and another photographers photos from the website. Hell, one of my photos is on the cover of the magazine.

Myself, nor the other photographer were asked by ANYONE for permission to use these photos in the magazine. Now, I've gotten spoiled over the last few months. In general, I get paid for my photography and I am kinda looking for some compensation for the use of my material.

My question is, do I have a leg to stand on when I call the magazine? Can I comfortably demand payment of the photos even though they were pubically displayed on a website? BTW, this is not a free magazine, it costs about 5 bucks at the bookstore.

Thanks.

[coldrain]

You posting photos on ANY website doe snot change your rights at all.
You have the copyright over your photos, and as long as the website did not proclaim that the photos were free of copyright, they have no right to use/print/copy/publish them.

The only thing you have to do to copyright your work... is make the work.

[Rhys]

Contact a lawyer. plenty of them willing to take up cases like these.

[David Metsky]

Did the owner of the park, who has the website, give permission to the magazine? If you gave him the photos he may have believed that he had the right to distribute them as well. Not sure if that is what you intended, but without a formal contract it may not be clear what rights you transfered to the park owner.

IANAL but I would imagine that since you weren't under contract with the park owner that letting him use the photos on his website doesn't confer publication rights. But for publicity he may have given the magazine the photos thinking that's why you gave them to him.

But if the magazine just grabbed the photos off his website then you may have a case. Bear in mind that your chance of making any real money is almost nil but it's the principle of the thing.

-dave-

[zmikers]

You own the rights to your photos. They can not publish them withour your permission period. If you let the owner use them for his website then he can use them for his website, not distribute them to magazines. The magazine is making money off of your work without your knowledge, that is illegal!

[LR Max]

Ok, thanks for the advice. I will talk to the park owner tomorrow.

I think if I confront the magazine, they'll yield...I think...

How much should I ask for each photo? I was thinking roughly $40 per image. But how much should I ask for the photo that made it onto the cover of the magazine? Every man has their price, and if I get paid for my photos (fair market price) then everything will be fine.

[SpecialK]

$40 per sounds in the ballpark. However, most photgraphers (and models) "want" the cover shot and therefore will be rewarded with less money.

[AdamW]

If you'd normally charge $40 per picture, I think that in this case you should charge $120 per picture and $240 for the cover, as well as a "correction" statement in the next issue giving you credit for the pictures and noting your copyright.

I think this is certainly fair considering they stole from you. And that's exactly what they did: they took your property and used without your permission.

You can point out to them that the above amounts are cheaper than the attorney's fees they'll have to pay otherwise.

Don't let them get away with it or they'll keep doing it!

[LR Max]

Thanks for the insight. I think I will ask for a proper compensation on this.

Interestingly enough, they did credit me in their magazine. Thats how I knew they were my photos.

:o

[AdamW]

Interestingly enough, they did credit me in their magazine. Thats how I knew they were my photos.
:o

Huh! That makes me think that they're either simply ignorant or that they truly thought they had permission. I wonder if any money changed hands between the magazine and the park owner. They might have assumed that since the photos were on his website that he owned the copyright.

I've rethought the issue. It would not be in your interest to be too confrontational at first. Who knows, this may be the beginning of an ongoing money-making relationship with them. Best outcome: they pay you fairly for these pictures and buy many more from you in the future.

I would contact them and simply say that they used the photos without permission and that they need to pay you for the use. See what they say and what they offer you. You can even negotiate without being too threatening. You're in the power position here because they've already printed the images. But it might not be in your best long term interests to totally alienate them. You may find them reasonable, and you can always get more aggressive if they turn out to be a-holes.

[LR Max]

Thanks for all of the replies. While the word "lawsuit" has been thrown out there, I am going to attempt the more reasonable approach first. I'll keep the law in my back pocket, though.

Adam, actually, I already work for an off road magazine, and one that is cooler and pretty much lets me do whatever I want. So this jeep magazine can buzz off for all I care.

If you wish, go to a book store and pick up the spring issue of "Jeep Junkie". Its actually a pretty crappy magazine. Hell, they even screwed up my images (their graphics guy obviously sucks). I don't want to be part of crap...

[AdamW]

Thanks for all of the replies. While the word "lawsuit" has been thrown out there, I am going to attempt the more reasonable approach first. I'll keep the law in my back pocket, though.

Adam, actually, I already work for an off road magazine, and one that is cooler and pretty much lets me do whatever I want. So this jeep magazine can buzz off for all I care.

If you wish, go to a book store and pick up the spring issue of "Jeep Junkie". Its actually a pretty crappy magazine. Hell, they even screwed up my images (their graphics guy obviously sucks). I don't want to be part of crap...

In that case, be "reasonable," but don't forget that a letter on an attorney's letterhead can do wonders...;)

[canonwire]

Thread bump, keep us posted on what happens! :)

[LR Max]

No progress today. I tried making some "background" phone calls (to various people to get my story straight) but didn't may any headway. Also I've been busy so that didn't help.

Will try again tomorrow.