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|| SportsShooter.com: Member Message Board
More skeezy newspaper behavior?
Rob Shook, Student/Intern, Photographer
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Rochester | NY | USA | Posted: 8:55 PM on 04.25.10 |
->> I'd like some opinions on this. A friend of mine was pretty pumped about being published on the front page of a local free newspaper. He submitted a photo (without contract) for a contest the paper was having, and received a call from a woman at the paper saying he'd be pleased to see the front page.
Paper comes out, he is pleased, and he posts it to facebook. My first reaction is that this is a violation of his rights (I completely understand his joy at being published, but I think he is being taken advantage of). Of course it isn't legal to use a photo that was submitted to a contest as a illustration for a story, but at the same time I don't know if there is any recourse, given that there was no contract.
http://i.imgur.com/hLoMW.jpg |
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Sean D. Elliot, Photographer, Photo Editor
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Norwich | CT | USA | Posted: 9:03 PM on 04.25.10 |
->> Rob, why is it not legal to use the photo the way they used it? The story is about water, the photo shows water, he submitted the photo to them without any terms? The contest had no terms at all?
I'm not even sure the use of the photo is particularly unethical by journalistic standards. The photo shows what it shows and the story is indeed related to the content of the photo.
If your friend does not want his work used in a manner he finds inappropriate then he needs to think a little more carefully about to whom he is submitting and under what terms he is doing so.
Of course it's not your friend concerned, so it looks like you need to spend some time educating your friends about the issues. Tho' I still don't see exactly what legal or ethical problem is presented here beyond the paper using your friend's work for free ... which is exactly what he expected when he gave them the photo.
just my .02 of course. |
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Rob Shook, Student/Intern, Photographer
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Rochester | NY | USA | Posted: 9:09 PM on 04.25.10 |
->> You're probably right that it is legal given the circumstances.
It seems to me that it is a matter of the newspaper taking advantage of amateur photographers who are perfectly happy to just be published so that they can get free photography.
Of course I may be out of bounds with my interpretation. |
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Mark Loundy, Photo Editor
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San Jose | CA | USA | Posted: 9:17 PM on 04.25.10 |
->> Rob,
That's what newspapers do. It's up to freelancers to have situational awareness and keep control of their own work.
--Mark |
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Thomas E. Witte, Photographer, Photo Editor
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Cincinnati | OH | USA | Posted: 11:23 PM on 04.25.10 |
->> Rob- They aren't out of their bounds at all, and neither are they "taking advantage" of anyone. Boilerplate contest rules for most papers stipulate that the (person that sends the images technically,but) photographer surrenders rights to the images and grants the paper - and by virtue the holdings entity - rights to use the images as necessary in perpetuity.
This is why no self respecting photographer enters contests hosted by publications.
The reason I say they aren't "taking advantage" of anyone is because chances are pretty slim that the images are ever actually republished, but that should never be justification for thinking it's okay to send stuff in. If the paper did a weekly special report and earlier each week said they were running a contest where the subject matter would be in line with the special report, then yes, THAT would be taking advantage of people.
This is just taking advantage of people who don't know/care what the contest language says. |
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G.J. McCarthy, Photographer
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Dallas | TX | US | Posted: 8:03 AM on 04.26.10 |
->> I'm sorry, what was the question again? I keep getting distracted by the story's horrendous headline.
- g - |
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Scott Serio, Photo Editor, Photographer
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Colora | MD | USA | Posted: 8:54 PM on 04.26.10 |
| ->> +1 for G.J. I think I head my head on the keyboard after falling asleep reading the lead too. Oy. Seriously, first time published? Take the clip and be happy. I mean, if it were a photo of Tiger having sex at Disneyland with Lindsey Lohan, well, then he got robbed. I think this was perfectly in bounds. |
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