Should they have paid me?

I'm quite vulgar since I usually don't believe in beating around the bush but I'll try and say this without failing horribly.

I don't mind sharing my images over the internet and have no intention of making any money out of it - i.e. advertising them for sale and meeting your standards of a "pro" togger, but if someone was to take an image for free I would definitley like to know about it.

On this note, there is a scale of magnitude. If it was someone I knew personally using it it because they liked it then I would appreciate permission being asked but would probably overlook it. If someone would end up to be using it for monetary gain, I have no idea who they are, they did not ask permission and have not sought to contact me at all, it would be fair to say I would be pretty ****ed. I don't shoot with models but if I had found out someone was using a photo I had taken of a model and the model in question hadn't contacted either, it's not something to be polite about.

You come across as quite a good natured person, Carrie, and for all I love and respect that there are quite a few individuals who do not care for a sense of decorum. Naivety can come from thinking the best of people and if they wrong you and you want to forgive them you lend yourself to becoming a mattress.

My point is if the magazine using the image really is "big", and you're 'famous female actress' is equally as "big", I am pretty damn sure that (£) signs would be discussed before they ask you how each others day has been. The fact it was not mentioned to you at all says to me you were left in the dark and used.

I know nothing of your friend but if someone is taking credit for your work then they couldn't have just popped out from fresh air. That person must at the very, very least have some sort of contact with either your 'friend' or the magazine. Perhaps your 'friend' or the magazine was trying to promote a photographer they know personally to boost their reputation at the expense of yours.

I believe in being nice, polite and empathise with others whenever possible. I also believe in karma and morals. You have been totally wronged here by your friend, the magazine and the plagiarizer putting their name on your work. A well worded e-mail is not going to get you anywhere. :nono:

I would take it personally and really give 'em hell - all three of the parties, including your friend. If they take offense, then they deserve it. Shame on them for committing this whole saga, but if they then claim that they didn't know it would upset you and play the sympathy card to get you to back down and apologise, then shame on you.
 
Mistakes all round I think.

You should have made it clear that you wanted payment for any use beyond the website, if indeed you did.

Your celeb friend should have paid you for the use of the pic - it's a promotional image, on her self-promotion website, for her commercial benefit. She a professional and should know better.

The magazine should have checked. Payment is not usually made for promotional images - they would probably have used another if payment was requested.
 
You need to get a copy of the image used in the magazine to compare it with your original (it's better if you've shot RAW as well).

The next thing I would be doing is contacting a solicitor if it is indeed your image and proceed from there, a specialist Intellectual Property solicitor will know exactly who to go after and it may well be your friend, the magazine, the person who claimed credit or all three. Personally I see all three as having committed a major breach of copyright law and the photographer having committed fraud (which is actually a criminal offence in the UK).

Shame we don't know which mag it is, I'm quite interested in seeing this image now :D
 
For what it's worth, I wrote to the magazine and complained strongly about what has happened. If I don't get any joy I'll have to involve my friend. For me, the fact that they've taken credit for my photo is worse than not having been paid for it. I am really shocked that a big glossy magazine could do something like this!
 
HoppyUK said:
Mistakes all round I think.

You should have made it clear that you wanted payment for any use beyond the website, if indeed you did.

Your celeb friend should have paid you for the use of the pic - it's a promotional image, on her self-promotion website, for her commercial benefit. She a professional and should know better.

The magazine should have checked. Payment is not usually made for promotional images - they would probably have used another if payment was requested.
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Hi, if you read my first message you'll see that I had no idea that a magazine was going to use my image. I just took a photo of a friend who happens to be very famous. And I really don't blame her. She thought she was paying me a big compliment by putting my picture of her on her website.
 
I just had a lady ask to use one of my Scotland pictures for a newsletter for her company in which they rent out Scottish cottages, she said I can have a discount if I ever hire one. I said I charge for commercial image use.I never got a reply back. I am going to write back again and say "I would love to hire a cottage and would she accept a discount sitting from my photographic studio as payment." Don't suppose I will get an answer again but I will wait in anticipation :D NOT!!!
We live in a free world and it won't be too long before people just take and use and nothing will ever be done about it. That situation is well under way already.
 
gabe said:
I just took a photo of a friend who happens to be very famous. And I really don't blame her. She thought she was paying me a big compliment by putting my picture of her on her website.
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Be happy that you've done a friend a good turn and move on, you might be putting your friendship at risk over what would be a small sum of money. Next time (if there is one) that you give a shot to someone, make sure you let the other person know of any restrictions you'd like placed on their use of the picture.
 
To nick the photo and then credit someone else just screams on incompetence.

If I was in the same situation as it's a french magazine then I'd not only invoice them the normal 2x for unauthorised use I'd also add another 2x "Waterloo" or 3x "Trafalgar" levy plus I'd insist on being paid in stirling :D
 
If you don't do anything you could be potentially

A/ Missing out on a nice sum of money
B/ Missing out on international exposure due to your name being in credit!

Shall we have a sweepstake for who the famous friend is?!

I'm betting a pound on, Anna Friel. :)
 
gabe said:
Hi, if you read my first message you'll see that I had no idea that a magazine was going to use my image. I just took a photo of a friend who happens to be very famous. And I really don't blame her. She thought she was paying me a big compliment by putting my picture of her on her website.
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Ask her if she also pays other (pro) photographers a 'big compliment' by putting their pictures of her on her publicity website, without paying for them? If she is a big star, she should know better!!
 
I would definitely try and get some recognition for this photo. You never know where it might lead...
 
The bottom line is, money asides, if she is a real friend then she would get in touch with the magazine or whoever is responsible and get this problem rectified immediately. If she is just standing back and saying nothing then it shows she is not interested in your friendship or otherwise, just feathering her own nest. If she is well known then I'd imagine she would be listened to by the magazine.
 
frank said:
The bottom line is, money asides, if she is a real friend then she would get in touch with the magazine or whoever is responsible and get this problem rectified immediately. If she is just standing back and saying nothing then it shows she is not interested in your friendship or otherwise, just feathering her own nest. If she is well known then I'd imagine she would be listened to by the magazine.
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Agreed here too..
I know that the money side doesn't bother you that much, but the recognition should.

I hope you get it sorted and your friend stands by you. :thumbs:
 
£1 on denise van outen!

I too would be dealing with this harshly, for the recognition, if not the money!
 
Steep said:
Be happy that you've done a friend a good turn and move on, you might be putting your friendship at risk over what would be a small sum of money.
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Not sure what you class as a small sum but from what I've read it could well be a four figure sum!
 
Thanks everyone for your support! I managed to get hold of the number of the journalist in France. With the help of a neighbour who speaks a bit of french I called her. When I told her that they'd given the credit to another photographer she didn't seem the least surprised! Then when I said that I ought to be paid something she said that she was sure that some agreement had been put in place, but she couldn't remember what! It gets better, she then said that she didn't know which edition of the magazine my photo was in. She said she'd check it out and get back, but it all seems a bit fishy to me.

I have a relative who chooses photgraphs for a big science magazine, and she says that the mag give her a kitty to pay for the images. My guess is that this woman in France is claiming expenses for photos but not paying the photographer, therefore doubling her money!
 
That's quite an assumption. You should be careful what you are saying on a public forum. Wait a reasonable time for a reply - then zap in a large invoice.
 
awp said:
That's quite an assumption. You should be careful what you are saying on a public forum.

Very true, but I don't think the person in question is going to see any of these messages!
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Sorry, but I can't! You never know, if her agent googles her name which I believe he occasionaly does to see what's being said about her, this thread might come up. But so far all your guesses are wrong!
 
You never know who sees them - they come up on Google. Just be careful till you know the facts!
 
gabe said:
Sorry, but I can't! You never know, if her agent googles her name which I believe he occasionaly does to see what's being said about her, this thread might come up. But so far all your guesses are wrong!
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They can't read PM's..
PM it to me.. the celebs name.... Ill sell it onto other members.... square the profit? :suspect:
 
You wouldn't want to take her photo, you might end in a situation like mine! Just joking!
 
gabe said:
Sorry, but I can't! You never know, if her agent googles her name which I believe he occasionaly does to see what's being said about her, this thread might come up. But so far all your guesses are wrong!
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Tell us the name of the magazine then
 
Personally i would write an email to the editor and sub editor etc and outline the situation and that you will be invoicing them.

I would also write a written letter and post it to the magazine with fao to the editor.

I would then wait for a response for a week or so, if no response then i would send in an invoice for the going rate x2.

No response again i would contact a solicitor if you have proof that the image is yours.
 
Surely if another tog was given the credit for the image, the magazine must have paid them for it? so why shouldn't you claim what was rightfully yours in the first place.
 
Some good news! I got an email from the assistant editor of the mag. She said that her boss is away until Monday and when she returns she will be contacting me to sort out the problem.
 
good news - if she means sorting out by writing a large cheque - keep us posted.
 
What magazine? It would be unusual for a large magazine to be unable to find a member of staff to understand an email/letter written in English as it is the International Language of Commerce.

As said above, the accompanying invoice would be speaking a language we all understand :D
 
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