HELP Please-BBC News

gibbo

gibbo

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Brian
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The BBC used a photo of the ship riverdance with a shot of the kite surfer in it (I posted it a couple of days ago on this site) One of the surfers saw this on the news and contacted me thro the BBC.
Right this is the question I have been in touch with the Kite surf mag and they will show them (the photos) BUT no money will be paid. But there will be full photo credit to me. Is this the norm. as I have never been aproched this way before?? :shrug:
Should I ask, or just give them the photos and ask for a copy of the mag for free ?????
Any advice please
 
Nice one

If it was me, I'd be so chuffed to have my name in a mag, I'd probably not bother with any form of payment.
I would, however, want to make sure that if the magazine used them anywhere else, that the arrangment would be revised to include some form of compensation...

I guess it wouldn't hurt to ask, but you ought to think about the future useage of the pictures.

Sure one of the others more used to having their shots in print will be able to offer something a little more constructive...
 
just ask for a copy of their standard rate of payment for usage xx for full page xx for half page and tell them you would like paying by the satandard rate that they pay other pros - if they want the photo they will pay...

do this via email or printed letter - not the phone

i never post anything that is remotely usefull at high res or without a website address across the middle - hope this helps - if you think the photo is worth some money - ask for it
 
I think sportysnaps is right, they are in business they shouldn't expect to get your work for free when they intend to profit from it, just ask for the going rate.
 
Thankyou for the advice I will wait for a reply from them (email) and Ill ask then. thankyou again
 
Your gonna have to be clearer about the sequence of events that transpired.
I cant understand who said what to who about what, why or anything..
1. you took a photo > the beeb used it = how, under what circumstances.
2. A surf mag not a surfer got your details from the beeb with a view to using your photo in their mag ?
3. why and who do they have to show you weren't paid ?
4. goto 1
 
Ok Joxby,
I was taking some photos of the ship that ran aground off the lancashire coast. A kite surfer just happened to ski/surf past posing as he went so I cracked off a series of shots with him doing some massive jumps across the ship (one of the shots is in this forum under the title River Dance Grounded Cargo ship pt2 in General Photo Sharing)
I sent my photos to Look North West just to see if they would use it.
They did use it (I missed it my self) and one of the Kite surfers that was out that same day saw the photo on TV got in touch with LNW who in turn sent his email onto me to get in touch with him as he wanted a copy of the photo......
 
Bottom line - if a publication / media uses your image then they should pay you for it. They may say that they don't pay for the use of images but if they want to use the image (or have used it) then they'll either pay or don't let them use the image. Photography is not a charity. Whether you take pic's for pleasure of business, if you let others use your images for free all you do is devalue your work, your time and yourself. Business is business and you need to come at it from a business perspective. We all do...... even if we as individuals do like to see our pic's in print.

In your case, it would seem that your pic has been used without prior permission. Even if it is in the public domain its still your pic for which you hold the copyright. The BBC and/or magazine know the score as well as anyone, meaning they know you hold the rights. SO....... send 'um a bill! £60 as a one off payment for and RF images if fair to both parties in this case IMO. There's no need to be confrontational but do be business-like about it. Your never know - it could be the basis for a new working relationship . Stranger things have happened.

Either way - good luck with it.
 
Oh...I see, so theres no surfer mag wanting to use your image, just a surfer that wants a copy for himself personally.

Well I'd probably just let him buy a print from me at cost.
Dont send the file, if he truly just wants a copy for his own...whatever...let him choose a print size.
I mean its non commercial, the guy isn't a business out to make money out of your work for nothing..:)
 
joxby said:
Oh...I see, so theres no surfer mag wanting to use your image, just a surfer that wants a copy for himself personally.

Well I'd probably just let him buy a print from me at cost.
Dont send the file, if he truly just wants a copy for his own...whatever...let him choose a print size.
I mean its non commercial, the guy isn't a business out to make money out of your work for nothing..:)
Click to expand...

Sorry he wants the photo for the mag as he is one of the uks best (Im about as clearas our blackpool sea) He informed the mag of his lasest stunt and they want a copy for the mag :shrug: is that better
 
:bang:

:D

Well even though I dont get this bit -

"I have been in touch with the Kite surf mag and they will show them no money will be paid but there will be full photo credit to me.."

It doesn't matter....make em pay the rate, I think that trying to get photos for nothing from togs is standard practice for mag editors.
If they do say no money, your in toss a coin territory as far as picture exposure and credits go.
 
ok thankyou Joxby .... phew :)
btw I hopefully have corrected my grammer in the original thread. :D
 
Nice one Gibbo :clap:
I'm inclined to agree, a publication will make money from sales.
I would politely ask for the going rate sorry, no idea what that is, they obviously think its good enough for their mag so they should pay a fair price to publish.
And I would also ask for "photo credit" as well
Good luck :thumbs:
 
If I were you I would get the surfer to get the magazine to contact you directly if they want to use the photo. If you supply the image directly to the surfer you've no idea where it will end up eventually. It may be done in all innocence, but he could use the image for all sorts of publications and publicity, without you receiving any credit or financial reward.
 
Make them pay. Too many people seem to be happy having photos printed in magazines or news unpaid, just so they can say they've had something printed. Everytime this happens, surely it's undermining the freelance photographers who rely on these kinds of payments to live off? I.e. if there's a queue of people providing photos for nothing, then they're not going to pay for them.

If someone used any of my photos without asking, they'd get an invoice in the post and I'd take steps to ensure they paid it. I've done this on more than one occasion. Also, if someone wants to use a picture and contacts me, then I expect them to provide payment if it's for a commercial publication. Don't forget, even if the payment is relatively small, it still might cover your petrol that day, etc.
 
Not that I don't understand, Ian, but I don't see a problem with someone providing an image for publication if they get pleasure just from it being published. Me? I'd charge (not that I'm nearly good enough to come out with images worth paying for, mind). But I can understand completely why someone would give an image away like this so they have the satisfaction of being published.
 
Hi well there are two things here..you relaise by sending the BBC your image you are giving them the following use...

In contributing to BBC News you agree to grant us a royalty-free, non-exclusive licence to publish and otherwise use the material in any way that we want, and in any media worldwide.

So don't be surprised to see your image else were in BBC publications and online. The BBC do pay btw, as I sold one a couple of weeks ago on a license for web & TV use.

As for the Kite mag, well what they have done breaks your copyright, you did not give them a license to use your image.

If you really want to pursue this then either you invoice the surfer as he had no right to send the image to the mag in the first palce or , I beleive you have already sent an e-mail informing them , follow up with a call to the editor and politley tell him he used the image illegally and you want paid for it.

It really depends on the mags circulation but your are probably looking at quarter page £30 to half page £50 for single use for a small distribution.

What you should have done is, when the surfer asked for the image for the mag, you tell him to get the mag to contact you and then you work out a license with the mag.

Rem these mags get their money from advertising which usually means at least £350 for a quarter page advert to £800 for full page and thats in a small distribution mag

I had a similar issue with 220 mag a while ago, I licenced an image of an athelete to a sports website but the athelete copied the image and sent it to his governing body who then sent it to the mag.
I look in the mag and there is my image that I did'nt send in. I contacted the editor who told me how they got it, so I called the governing body who apoligized and payed the fee the mag would have payed out.

AND

If you need motivation.....this should help....

http://www.youtube.com/watch?v=mj5IV23g-fE

Iain
 
I'm at work so i have not read all the above so this may have been said.
Basically i'm guessing the mag like your picture. Buuuuuut they have pro photographers working for them getting pictures all the time. Thus they are happy to have your photo and credit you buuuuut they could quite easily fill the space with something of equal or greater quality from those photographers they are already paying, if you don't agree to their terms. Its happened to me before. I just got the credit and asked for a copy of the mag. Hope that helps.
 
Buuuuuut they have pro photographers working for them getting pictures all the time. Thus they are happy to have your photo and credit you buuuuut they could quite easily fill the space with something of equal or greater quality from those photographers they are already paying, if you don't agree to their terms.
Click to expand...

...have you actually read what you typed :cuckoo:
 
Yeah what doesn't make any sense? do you mean the elongated buts!?
 
I'm guessing he means the mag want the pic so should pay for it. How many of their staff togs have a got a pic of this guy flying over the ferry.... probably none, otherwise they wouldn't have asked, which reinforces the point about payment.

Great set of images btw Gibbo :thumbs:
 
maddog.mark....thankyou.

Man...editors would have a field day if this was the attitude of most photographers.
 
Iain MacIntosh said:
As for the Kite mag, well what they have done breaks your copyright, you did not give them a license to use your image.
Click to expand...

How have the Kite mag broken any copyright when they havn't used the image:shrug:
 
Ok thankyou All for your comments and advice I will get in touch with the surfer and take it from there. I will keep you informed phew
thankyou again
 
Right email sent to the Kite surfer who got in touch.
now awaiting for a reply
 
How have the Kite mag broken any copyright when they havn't used the image
Click to expand...

OK, slight change then....they WILL break the copyright if they print it without permission.
 
Gibbo,

Congratulations on taking a cracking photograph and I'm pleased that you have been approached to have your photograph in a mag', but please do keep us informed of what happens.

When I read your dilemma at the beginning of the thread, I thought like you i.e. take the credit and ask for a free mag', and be chuffed to bits that it was featured, but thanks to everyone's input, it really does make you think twice. Some very good points have been raised and I'm so intrigued to find out what happens next.
 
AmandaN said:
Gibbo,

Congratulations on taking a cracking photograph and I'm pleased that you have been approached to have your photograph in a mag', but please do keep us informed of what happens.

When I read your dilemma at the beginning of the thread, I thought like you i.e. take the credit and ask for a free mag', and be chuffed to bits that it was featured, but thanks to everyone's input, it really does make you think twice. Some very good points have been raised and I'm so intrigued to find out what happens next.
Click to expand...

I agree with you and I have thought twice.
And I must admit, I thought just the name in a mag etc I`d be happy but after getting so much good advice Im going for a bit more.
So I have sent an email to the Kitesurfer and awating a reply from the mag. I suppose If they dont get in touch I could always approach another mag and try selling to them. But I will keep you in touch :thumbs:
 
Sorry forgot to point out in all this, its a great set of pictures!
 
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