My photo in the paper

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jambogaz

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john
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Reading the Scottish Daily Record today I noticed a photo that looked like one I had took at the weekend, It was my pic , I never even got asked or told it was going in.
 
They must of hijacked your computer......... or did you send it in???
 
unless you want a pat on the back?

email/phone the pic ed and have a chat with them, be nice, be firm.
 
OK here goes.....

If you want to take snaps/pics and be happy with that then that's totally fine, if you are or want to get serious about photography, do some research.

You will get people saying you need to invoice XXX amount then double it for unauthorised use etc, the bottom line is - what is it worth to you? That could be £5 for a beer or two, £50 for a good meal and a few drinks, they wont pay more than it's worth to them so you have to gauge it for yourself.

First port of call is contact, be honest, calm and firm. You may need them before they need you again. :thumbs:
 
You certainly need to be on the phone, and have a chat. I would be right cheesed off if that happened to me. Ask for a fee. How much? Only you know what its worth to you. But the flip side is, how much would they have paid a freelance photographer? Perhaps ask them.
 
You might need to check into facebooks policy regarding if a pic is in the public domain that they might not need permisions, Dont quote me im just thinking off he top of my head
 
I found one of my prints in a print shop advertising their canvas service - they'd taken it from my website, I challenged the guy in the shop (very politely) and he put me in touch with the owner who was away. I left him a message and also sent an email stating (again politely) that he was using my image without permission and we needed to sort something out. He was a complete knob about it so I sent another email, this time with an invoice attached. Again, staying polite, I stated that this was the minimum fee (£300 btw) that they would have paid if they'd bought it via Alamy (I'm on Alamy so used their calculator and sent a copy of the calculated price along with the invoice). He had no choice but to pay up :)
 
kenbar said:
You might need to check into facebooks policy regarding if a pic is in the public domain that they might not need permisions, Dont quote me im just thinking off he top of my head
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Think it's still copyright breach regardless of where it's taken from. Not 100% but....
 
You may need to check Facebook's T&Cs, :rules:


2.Sharing Your Content and Information

You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:
1.For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2.When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3.When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, read our Privacy Policy and Platform Page.)
4.When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).
5.We always appreciate your feedback or other suggestions about Facebook, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).


I'm a bit crap when it comes to making sense of this sort of thing, but my take on it is that by publishing any photos on FB, FB have full rights to it, as does anyone who accesses FB. This is why I never put anything I value on my FB account.
 
Al de Man said:
I'm a bit crap when it comes to making sense of this sort of thing, but my take on it is that by publishing any photos on FB, FB have full rights to it, as does anyone who accesses FB. This is why I never put anything I value on my FB account.
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Only if you select Everyone in your privacy settings.
 
Al de Man said:
You may need to check Facebook's T&Cs, :rules:


2.Sharing Your Content and Information

You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:
1.For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2.When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3.When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, read our Privacy Policy and Platform Page.)
4.When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).
5.We always appreciate your feedback or other suggestions about Facebook, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).


I'm a bit crap when it comes to making sense of this sort of thing, but my take on it is that by publishing any photos on FB, FB have full rights to it, as does anyone who accesses FB. This is why I never put anything I value on my FB account.
Click to expand...

That's rubbish. It just says that you grant Facebook a license to publish the images - imagine how many smart arses would be filing law suits if they accepted your image then displayed it on their website without actually asking you for permission 'in writing'?
 
DemiLion said:
Telling porkies, or are you just being slightly dense?

http://youthfootballscotland.co.uk/...pecial-2-syngenta-juveniles-vs-hutchison-vale

5th photo down - I knew that I'd seen it on here before.

You might want to have a quick run through the terms and conditions that you submitted that photograph under before you start invoicing the Record.
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ok here we go..
Everytime i upload photos to fb youthfootball scotland ask if they can use a pic or 2 for there website and I always say yes.
They have a section in the Daily record every week and they have used it there without asking me first.
 
So you need to speak to youthfootball scotland and ask them not to pass them over to the Record, im pretty sure the Record will have acted innocently in all this as they got the photos from someone else by the sound of it
 
jambogaz said:
ok here we go..
Everytime i upload photos to fb youthfootball scotland ask if they can use a pic or 2 for there website and I always say yes.
They have a section in the Daily record every week and they have used it there without asking me first.
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That's all very well, apart from the way that you have relayed the details on here.

What you implied:
I saw my photo in a newspaper.
I've no idea how they got it.
It must have been stolen from FB.
I need sympathy.
How much should I get.


Whereas the truth is:
You regularly submit photo stories ( at least 4 that I can see) of 10+ images to Youth Scotland.
Youth Scotland's aim is to promote the young grass roots game.
They have a regular column in the Record.


How can you not have known where the photo came from or have been surprised that it was published?

You gave away your images for free and now you've been legitimately burnt and/or started to get greedy. If I was cynical I'd say that you were aiming for publication via the backdoor.

I've no problem at all with giving images away for free if it achieves your aims, but doing it and then asking for sympathy/ claiming your picture was stolen, is pathetic.

It's not the way that you've managed your photos, but the way that you've sold your story on here that stinks.
 
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Jambo, it must have at least crossed your mind that YFS released the photo and not FB especially as it's in their section of the football columns. I can understand that you may not be entirely happy at that but you should have made the conditions of use clear to YFS when you agreed to let them use it. Lesson learned I think.:shrug:
 
jamesb84 said:
So in summary, today's thought for the day is:

Always specify terms of use for any of your clients. Don't expect them to do what you want. If you want them to adhere to a specific usage, then specify it.

Otherwise, this sort of thing happens.

If you were to try and pursue this you run the risk of losing a client in YFS and peeing off the SDR to such an extent they'll never consider using you again.

My advice would be thus:

1. Chalk this one up to experience
2. Specify terms of use for YFS in future
3. Phone the SDR and say "you liked my shot this week, could we discuss you taking photos directly from me in future?"
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Excellent advice imo. :thumbs:

Stew.
 
Daily Record are self billing so you don't have to invoice them. They will pay their going rate - for your pic I'd say it'll be £40 - £60. You do need to phone them and make sure they have all your details - incl bank details etc - is that in the EXIF of the picture?

EDIT: just read the entire thread - so the above may not apply in this case! This is what happens when you don't control your work properly.
 
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jamesb84 said:
So in summary, today's thought for the day is:

Always specify terms of use for any of your clients. Don't expect them to do what you want. If you want them to adhere to a specific usage, then specify it.

Otherwise, this sort of thing happens.

If you were to try and pursue this you run the risk of losing a client in YFS and peeing off the SDR to such an extent they'll never consider using you again.

My advice would be thus:

1. Chalk this one up to experience
2. Specify terms of use for YFS in future
3. Phone the SDR and say "you liked my shot this week, could we discuss you taking photos directly from me in future?"
Click to expand...

great advice:)
 
DemiLion ! Get a life...

I didn't mension anything about money!
I saw my photo in a newspaper. yeh
I've no idea how they got it. naw
It must have been stolen from FB. took
I need sympathy. whereabout did i say that?
How much should I get. Someone said i should ask for payment
 
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You cried wolf and you got found out - get over it.
 
jambogaz said:
DemiLion ! Get a life...

I didn't mension anything about money!
I saw my photo in a newspaper. yeh
I've no idea how they got it. naw
It must have been stolen from FB. took
I need sympathy. whereabout did i say that?
How much should I get. Someone said i should ask for payment
Click to expand...

Dont bite the hands that feed you, you asked for advice without giving the whole story, you will find the humble pie tastes better than sour grapes :thumbs:
 
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