Should they have paid me?

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gabe

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carrie
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I have a friend who is a well known celebrity. A while back I took a picture of her and she put it on her website. Last week she told me that my image had been used in a french magazine. I'm really pleased about this, but just wondered if I should have been paid something?
 
Hell yeah! I'd send those babies a nice chunky invoice for that. Some others here should be able to pass you links on the going rates etc for this type of thing.
 
She should have paid you. TYhe mag didn't do anything wrong - your friend did!
 
Actually, Eos_jd makes a point. It depends on how they got their hands on the image. Obviously, there's no problem with your friend using it, but if the friend passed on the image to the magazine then your friend is at fault. If the magazine took it straight from her website then the magazine are in the wrong. It would also depend if you made an agreement with your friend on what she was allowed do with it. Also, if she gave it to the magazine, did they clarify with her that she had the rights to the photograph too?

Lot's of ifs and buts I suppose!
 
Who's your famous friend?? :)
 
It will depend on your contract/licensing agreement with your friend.
 
The mag in the wrong, they're the ones printing the image. Your friend is also wrong in not pointing out that she hadn't asked for a license for commercial use. Finally, you're wrong for not setting the terms of use up front.

Go after the mag, they still should pay.
 
Thanks everyone for your replies. My friend didn't offer them the photo, the magazine requested it. She actually asked if they wanted another one but they said they really liked mine. Since I'm not a professional photographer my friend probably didn't think about payment. Anyway it's probably too late to do anything about it. I suppose it would be pretty hard to get anything from them anyway since I don't speak French!
 
gabe said:
... Anyway it's probably too late to do anything about it...
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It's not. I've heard of people invoicining for a years worth of usage after they realised a magazine/company were using their images for free. AND, they invoice for double the amount because original permission wasn't sought.
 
dod said:
Finally, you're wrong for not setting the terms of use up front.


I'm not in the wrong because I had no idea that it was going to end up on her website! And I had no idea that a magazine would be interested in it either.
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gabe said:
Lol...very true, but who would I approach? I don't even have a copy of the magazine.
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Still need to know who this person is? Could seriously alter the amount you request off them
 
Here are the going rates

http://www.londonfreelance.org/fees...ntry=UK&section=Photography&subsect=Magazines

Scroll down, depends on their usage as to what to charge. Also double it for unlicensed usage. Convert to € and round up to nearest 10.

Not too late at all. Ask your friend which magazine it was, and how big was the image etc. She may even have a copy of it. There will be contact details in there, or if you have no copy only a name of publication, look for contact. Email and letter I would recommend.

Looks like you have a nice pay day coming your way!
 
I bet the magazine are laughing if they got shot of a female celeb for nothing. I would have thought your friend would know there is value in the shot.
 
ding76uk said:
Here are the going rates

http://www.londonfreelance.org/fees...ntry=UK&section=Photography&subsect=Magazines

Scroll down, depends on their usage as to what to charge. Also double it for unlicensed usage. Convert to € and round up to nearest 10.

Not too late at all. Ask your friend which magazine it was, and how big was the image etc. She may even have a copy of it. There will be contact

Looks like you have a nice pay day coming your way!
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Thanks for that! Don't want to say who it is but she's quite a famous actress. I think the magazine is pretty big, something like Vogue.
 
gabe said:
Thanks for that! Don't want to say who it is but she's quite a famous actress. I think the magazine is pretty big, something like Vogue.
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If its a big celeb and a big mag, time to ask for big money! As someone said the mag is laughing, free photo of a celeb!
 
natjag said:
I bet the magazine are laughing if they got shot of a female celeb for nothing. I would have thought your friend would know there is value in the shot.
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Since I'm not a professional photographer she just didn't think about it I suppose, and since she's a good friend I don't want to fall out with her over something like this. If it happens again I'll know what to do!
 
gabe said:
Since I'm not a professional photographer she just didn't think about it I suppose, and since she's a good friend I don't want to fall out with her over something like this. If it happens again I'll know what to do!
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tis a thing to remember, no need to fall out over this, you never know this could be in your favour, if the mag like your work, you might get some more. as you say, least now you know what to do :thumbs:



pleeeeeeeeeez tell us who she is lol :)
 
I'd at least want some recognition. If it has not already been printed then request to at least have your name put to it even if you're not forward enough to ask for money.




Btw, did I ever mention about MY really famous friend?! :p
 
It doesn't matter if you are a professional photographer per se; they have used your photograph in a pretty big (your words) magazine!

I think you should chase this up as much as possible. I would also make the letter/email quite stern - at least come across as you know what your talking about/knowing how much money to charge - even though you confess to not be a professional. Good luck
 
If I can get the name of the magazine and the name of the journalist I'll send them an email. Just hope someone there speaks English! I have a strong feeling that I'll get no reply. If they had wanted to pay me they could have asked my friend for my contact details.
 
gabe said:
If I can get the name of the magazine and the name of the journalist I'll send them an email. Just hope someone there speaks English! I have a strong feeling that I'll get no reply. If they had wanted to pay me they could have asked my friend for my contact details.
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This is a business, saving money = more profit. They wont be asking for details to send payment.
 
gabe said:
If I can get the name of the magazine and the name of the journalist I'll send them an email. Just hope someone there speaks English! I have a strong feeling that I'll get no reply. If they had wanted to pay me they could have asked my friend for my contact details.
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if you dont ask you wont get... Send a nice polite email off to them and advise them that if there is no response, you will increase the charges for extra time and effort of having to track down the image.
 
Does this kind of thing happen often, I wonder? It must be really hard to find out if a magazine in another country is using your work. If my friend hadn't told me, I'd never have known.
 
gabe said:
Does this kind of thing happen often, I wonder? It must be really hard to find out if a magazine in another country is using your work. If my friend hadn't told me, I'd never have known.
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I dunno but i dont know of any people who have big celeb friends :D
 
gabe said:
If I can get the name of the magazine and the name of the journalist I'll send them an email. Just hope someone there speaks English! I have a strong feeling that I'll get no reply. If they had wanted to pay me they could have asked my friend for my contact details.
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If they just took the photo off her website then yes, they should know that they should pay you (or her, depending on who is listed as the copyright owner).
You could offer to do photo-shoot and sell more photos to the magazine too.
 
gabe said:
I think the magazine is pretty big, something like Vogue.
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rofl

Vogue


ish gods

If it is Vogue, you might find the image online, if its this months, your friend is either Penelope Cruz, or Cameron Diaz....:lol:
 
gabe said:
Does this kind of thing happen often, I wonder? It must be really hard to find out if a magazine in another country is using your work. If my friend hadn't told me, I'd never have known.
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I must admit it happened to me,

Did a wedding for friends (hadn't even received money from them) and the next thing was their images were in the local paper advertising a wedding fayre at a local hotel! I was a little upset and called them to say I was sueing them (the venue) but later I found that it was the couple I should have taken the action against as the had provided the images stating they hd the consent to do so.

I got my payment for the wedding and luckily we maintained our friendship but I'm now more wary of things like this.

Speak to your "friend"
 
gabe said:
Thanks for that! Don't want to say who it is but she's quite a famous actress. I think the magazine is pretty big, something like Vogue.
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Oooooohhhh I know!!

Mini Mouse and the magazine was Celeb Mice Monthly
 
I can hardly believe what I've just found out! I did a google on the name of the magazine after contacting my friend, and to my horror I've just discovered that someone else has taken credit for my photo! It's bad enough that they didn't want to pay me, but to put someone else's name on my image is just disgusting!
 
gabe said:
I can hardly believe what I've just found out! I did a google on the name of the magazine after contacting my friend, and to my horror I've just discovered that someone else has taken credit for my photo! It's bad enough that they didn't want to pay me, but to put someone else's name on my image is just disgusting!
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Now it's time to contact them and the guy taking credit!
 
Yes, I'm going to contact them, and if I get no joy I will get my friend to contact them. The gloves are off!
 
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