Should they have paid me?

blue max said:
What did the magazine do wrong? They didn't steal if from a website, they asked to use the image if I understand correctly.

If it was then sent to them without any conditions attached, surely they are within their rights to use it as they see fit.

I do agree that maybe they should have taken more steps to establish the owner and copyright situation. Perhaps just approaching the magazine to explain the situation may gain you all you are looking for.

Oh, and did you get a model release form or you might get a bill from your friend. ;)

Graham
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It's the responsability of the publisher to establish that releases etc are in place. They can ask the photographer for release information in which case, if he/she says "Yes, I have it", but then doesn't, then it's the photographer that's liable. But other than that, it's 100% the publisher's responsability.

As it's editorial, they won't need model release, but will need licensing rites from the copyright owner. They may have assumed that as she's famous that it was one of her portfolio/publicity shots and licensing was already covered.

Simple confusion, but now they know it needs licensing then they'll cough up :thumbs:
 
Arkady said:
I'm a little curious now as well: you asked what seemed like a serious question and have now gone halfway towards doing what people here have suggested in order to obtain payment which is rightfully yours (regardless of your professional status) but now seem unwilling to go the whole-hog and invoice the buggers...

Send an invoice...

It took me five months to get payment from The Independent newspaper for stuff they published back in November... I eventually had to go through the journalist I worked with to get the right person's address there...$500 is $500 after all...

(It turned out they'd paid another photogrpher by mistake at the time and he'd 'forgotten' to mention it to the accounts department, so not really Indy's fault on that one)
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Not to hijack...but i've had no end of problems with there being a journalist with an extremely similar name to me (only 2 letters difference in the surname). I keep getting his payments...and he's getting a lot more work than me.

So every time I have to ring up and try and convince various accounts depts that it's not meant for me. Then I ring the editor and usually say something like "so...you're paying me, want me to do any work for you now?"
 
jamesb84 said:
Not to hijack...but i've had no end of problems with there being a journalist with an extremely similar name to me (only 2 letters difference in the surname). I keep getting his payments...and he's getting a lot more work than me.

So every time I have to ring up and try and convince various accounts depts that it's not meant for me. Then I ring the editor and usually say something like "so...you're paying me, want me to do any work for you now?"
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I know with The Sun you're given a unique number for their accounting system and I think you're supposed to tag your pictures/editorial with your number so that the automated system pays correctly (and faster).

Don't know if that's the exception or the rule?
 
blue max said:
...Oh, and did you get a model release form or you might get a bill from your friend. ;)
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You may be surprised to know that Model Release-forms aren't worth the paper they're printed on in Europe - it's mainly an American thing that has caught on over in the UK...even in USA you'd have a hard time proving it was a legal document in any court...
International Copyright Law supercedes anything on a model-release anyway.

Here's a good article regarding what the legal situation is in the USA - note this does NOT apply in the UK or Europe - it only applies under US Law:

http://www.danheller.com/model-release.html
 
Arkady said:
You may be surprised to know that Model Release-forms aren't worth the paper they're printed on in Europe - it's mainly an American thing that has caught on over in the UK...even in USA you'd have a hard time proving it was a legal document in any court...
International Copyright Law supercedes anything on a model-release anyway.

Here's a good article regarding what the legal situation is in the USA - note this does NOT apply in the UK or Europe - it only applies under US Law:

http://www.danheller.com/model-release.html
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You beat me to it! Model releases are not legally binding in Europe, despite my manager constantly wanting me to get them and co-workers thinking they have a right to prevent me from taking their photographs in the course of my duties. :bang:
 
Hello everyone, I sent an invoice to the magazine and will let you know if they ever pay me! Thanks again for all your suggestions!
 
callumw said:
I know with The Sun you're given a unique number for their accounting system and I think you're supposed to tag your pictures/editorial with your number so that the automated system pays correctly (and faster).

Don't know if that's the exception or the rule?
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Yeah, I have either "contributor" or "commisioned job" IDs but this problem is with the accounts dept having messed up and put the wrong details with the wrong name (though very similar names)...
 
gabe said:
Hello everyone, I sent an invoice to the magazine and will let you know if they ever pay me! Thanks again for all your suggestions!
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Don't forget the final reminder when/if your not paid by your deadline which I trust you did put on your invoice...
 
is there anything happpenning/happened yet then Carrie?? or are you in Barbados!!!!
 
awp said:
For unauthorised use it is very easy to get money out of people in the UK - I have chased and won against major corporates - government departments - a member of parliament - and smaller companies too - always with success. The alternative for them is a court case they know they will lose. Given the size of the magazine you are alluding too - then the sum involved here would be approaching 4 figures - well worth pursuing.
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Was that member of parliament David Mundell by any chance?
 
evilonion said:
I can't help but think of this program:

5F5C19BB-A6ED-4F31-BE34-BA6A137274E4_extra.jpg
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Ahh madame, you see we need your bank account details so that we can wire you da monies madame.

Phonejacker, quality :lol:
 
you could always post an anagram of her name that would make it fun as well lol :cuckoo::clap:

Good luck thou i hope you get it sorted. You never no it could be the break you are after. If they dont cough up go to the sun newspaper you know how much they love the french.
 
Wow, that was a lengthy read! Sorry to hear this has fallen upon you.......it sounds like a big mash of factors that have ended in this situation.......probably a misunderstanding from the magazine and model, although having another photographers name creditted for the photo seems a bit strange..........if that is true, then surely he/she would have been paid for it.

If he/she was indeed paid for it by the magazine, then this could be why they are being a bit weird about this enquiry.........to them, it could seem like they have paid for the photo yet now someone else is claiming otherwise.

Another thing is..........if the photo has another photographers name beside it, did your friend not pick up on this and think it was strange? Certainly looks like someone in the chain is trying to get the better of you.

I'm an amateur photographer and hope one day to be able to become a professional, have a career/life that I enjoy and love and be able to charge money/earn a living from it. However, even as an amateur if this happened to me.........I'd definitely be annoyed and would want it straightening out, both financially and credit for the photo...........because after all, it has been used commercially in an editorial.

Have you heard anything back from them since your invoice?
 
Hi, no I haven't heard anything yet, but I suppose it's early days. I don't blame my friend for not noticing that the image was credited to someone else. She probably didn't look very closely at it!
 
If it's anything like the celebs I've worked with (non-togging) you'll have to give her / her management company a cut of the fee....
 
Yes. Of course you should have been paid and also unless you gave the celeb in question specific rights allowing her to redistrube and have the images published she then in breach of copyright.

However this sort of thing happens all the time, call the magazine, explain the situation and they'll normally pay retrospectively.

Paul
www.photographybyriddell.co.uk
 
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