View Full Version : Photograph Royalties
MisterTommyH
30-09-11, 10:29 AM
Anyone know anything about this?
Thanks to ShellyWoozle I found out that some of my images from the MAG ride out ended up in the local newspaper.....
I know I uploaded them to the MAG photo album, but it seems that these were passed onto the paper and put into print.
Have i forgone my rights by uploading them? Just wondered if it was worth trying it on to get a few quid out of it?
Or should I just shut up and relax now that I'm a published artist?
Specialone
30-09-11, 10:33 AM
I think, once you've uploaded them into the public domain without ownership on the pic, you've waived your rights to any dosh.
Nick_69
01-10-11, 05:47 PM
Once you put something on the web you lose your rights
I don't believe that is the case - typically, users of photo sites do waive some of their rights to the photo site owner for their commercial use, but that usually doesn't extend to third parties (the newspaper). The following is from Photobucket:
If you make your Content public, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, distribute, publicly perform (e.g., stream it), publicly display (e.g., post it elsewhere), reproduce and create derivative works from it (meaning things based on it), anywhere, whether in print or any kind of electronic version that exists now or later developed, for any purpose, including a commercial purpose.
I doubt you'd get much in the way of money for your pic from the newspaper, but having them recognise it as your property probably makes the letter worthwhile anyway.
mister c
01-10-11, 06:36 PM
You should be flattered that they chose your pictures over everybody elses. Ask them why they didn't name you as the photographer, might get a bit of fame.
I took a photo of Wayne Hamilton at the Southern. An artist asked if she could use my picture as she was painting one of Wayne & wanted to use mine. I was so flattered I sent her the full size copy. A couple of weeks later Wayne died at the Manx GP & they used mine & Kirsten's (the artist) picture in the funeral pamphlet, which I found a great honour.
Did the photo carry your watermark or name on/in the photo?
Once you put something on the web you lose your rights
Not entirely accurate, once on the web, with your name on with a copyrite logo on, then it still remains your property. You still maintain intellectual rites to the image that you took, if they wish to print or publish your work they should ask you. After all they are then receiving money for something that isnt theirs.
Im sure someone with legal info will be along to put meat on the bones.
MisterTommyH
01-10-11, 07:34 PM
Did the photo carry your watermark or name on/in the photo?
Nup, It's not like I'm trying to be a proper photographer or anything (they're not really even good images).
And if the local MAG group passed them over then I have no issue with it (all in the name of publicity for the cause ;) ). It just raised an interesting question.
grimey121uk
01-10-11, 08:05 PM
Once you put something on the web you lose your rights
I dont want to sound harsh but that is utter bollox.
Itunes sell films from the internet so does mean that you can obtain them by downloading and not paying?
And no you do not need to watermark your images just like you don't need to put a do not steal sign on your car
I took a manchester based company to court over my photos, check out the top entry on my blog (they settled out of court)
http://l-glass.blogspot.com/
You might think i was a bit excessive however I spent many months planning and lot of money on equipment to get them shots and then they walk around manchester displaying my pictures that they have printed themselves with no credit to myself and when i confront them they tell me to fekk off!
If they had of emailed me and said "please can we use your image and credit your work" i would of let them use them for free, however the attitude of them was disgusting and insisted it was my fault as i posted them on the internet, does that give me the right to steal his car because it looks nice and its on display?
Uk law
Nothing is in the public domain unless the copyright owner explicitly puts it in the public domain (PD). This means, just because the copyright owner places an image on the internet it does not become a 'free for all'. If the legal owner places anything into the public domain they must also give specific instructions i.e. "I grant this to the public domain.".
The granting of something PD is a complete abandonment of all rights, and if the work is PD, then other people can modify one pixel or sound byte and then copyright it in their own name. For this reason you will rarely if ever find PD.
To be on the safe side and stop people taking your images, watermark everything you put on the web! Sam will also add digital watermarking to her images so that when the photo is downloaded it has all of her contact information on it.
Well being a Press Photographer myself, I know the score, well at least I think I do.
Which newspaper was it? If they used your pictures without permission, you have every right to charge them.
MisterTommyH
13-10-11, 05:39 PM
It was just the local rag.
They were apparently provided by the local MAG rep, presumably taking them straight off the photobucket site.
That being the case I'm not that bothered.
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