| Sign in: |
| Members log in here with your user name and password to access the your admin page and other special features. |
|
|
|
|
|| SportsShooter.com: Member Message Board
'Giving' your images as a 'public service'
Chelsea Sektnan, Photographer
 |
San Clemente | CA | USA | Posted: 5:57 PM on 06.10.11 |
->> I received this in my inbox today after I shot an assignment for a certain local online publication... ending with atch. How should I deal with the situation? Any suggestions for future email answers?
From the person requesting the images-
Ms. Sektnan, I work at Headquarters -- ---- in the -----. The Fire Chief from---- forwarded the link to the site of the article about the fire training held at ---. Every month, --- ---- ---- services publishes a newsletter called --- The newsletter is sent electronically to Department of --- --- -- -----y services personnel. The Marines contribute news articles from the various installations each month. I was wondering if we could use your article and a photo or two in an upcoming issue. We would provide the appropriate credits if re-printed. Please respond at your earliest convenience if we can or cannot use the article.
My response to my editor (before replying to the requester)-
I wanted to forward this to you before I respond. I'm not sure about P--- policy about re printing of articles. I try to keep a firm line on my photographs and charging a fee to have them reprinted, even if it is for newsletters. It's tough to go down the road of giving them away, because the next time you have to keep with that same policy and it snowballs.
How would you like me to respond?
~Chelsea
Response from my editor-
I would let them use the photos and articles for credit. I wouldn't charge them because it's not a commercial entity using the photos for commercial gain. They are a public service just like P--- is a public service. Besides, you'll get more hits to your article on the site. And if we don't let them use them, they'll just go ask the North County Times. I'll go ahead and let them know the proper credit to give so we can maximize the opportunity.
My answer-
Nothing
(Waiting to ask my photographer partner what he would do)
10 minutes later---
Thanks for your interest in Chelsea's piece on the fire training aboard C---. Please feel free to use two photos of your choosing and add a line of text directing readers who want see more photos to: (web link deleted). This way, we can gain more user traffic to the site and also allow you to use the photos for free. Call it a courtesy from one public service to another.
Also, is the newsletter electronic? If so, please forward a copy of the newsletter to myself and Chelsea, so I can add it to the list of publications that have used out material.
Thanks,
---
Response from the requester---
Thanks for letting us use the story and two photos. The newsletter will probably not be published for a month, but I will make sure I send you a copy. Thanks again, as it will add to our newsletter.
I just have no idea how to deal with this type of situation. How would you guys respond? Should I follow up with the situation or just let it be...? I still want to freelance for the online publication because my internship doesn't pay a lot of money, and I need the extra cash, but I don't really like how it was handled. However I don't want to stir the pot and not be sent out on future assignments. I appreciate that the person actually contacted me about using the photographs, but I personally would have charged a fee. The other issue is that I believe that ---che's policy is that they can use the images whichever way they want, and my input into the decision doesn't really matter (but I'm not sure). I thought contacting the editor would be a good move, but maybe I should have dealt with the issue myself? I just don't know. Suggestions? |
|
Peter Huoppi, Photographer
|
New London | CT | USA | Posted: 6:54 PM on 06.10.11 |
->> It all depends on your agreement with the original publication. Did you sign an agreement that gives away all the rights to that publication? If so you're likely out of luck.
If you retain the rights to the images, you're within your right to want to be compensated for the use of your work. Unfortunately, the world is full of organizations that want to use your work for free, whether they are "public services," non-profits, or for profit publications. Some will appeal to your sense of charity, others will tell you that your credit line will be "great exposure."
I don't fault anyone for wanting to donate or contribute to worthy causes. That's an individual decision. But I think you also need to consider it a business decision: will giving away your work now help you actually make money at any time?
But like I said, if you've already given away the rights, it's sort of a moot point. I'm not sure I agree with the assessment of an online publication - owned by a huge for-profit corporation that generates advertising revenue from local businesses and pays experienced journalists to be editors - a public service. I work for a newspaper where "public service" is core to the company's mission, but I get a paycheck every two weeks. |
|
Chelsea Sektnan, Photographer
|
San Clemente | CA | USA | Posted: 8:21 PM on 06.10.11 |
->> yikes.
It's such complicated issue that beginning photographers need to be aware of. Just read the contract (thoroughly) for the online company, and talked to editors in my office and got a hard lesson in communication, reading things thoroughly and our need for experience and the ability to pay rent. It's hard out there! Lots of answers and even more questions. |
|
Daniel Berman, Student/Intern, Photographer
|
Seattle | WA | US | Posted: 10:44 PM on 06.10.11 |
| ->> If it is who I think it is, you don't have any rights to the images, Chelsea. It is a good lesson in many ways. Read the contract and move onward and upward. |
|
Adam Vogler, Photographer, Photo Editor
|
Kansas City | Mo. | USA | Posted: 12:11 AM on 06.11.11 |
| ->> Just to give the POV of a publication I thought I'd chime in. Since you, wisely, didn't mention the publication or agency this relates to I'm making some assumptions as to whether this is relevant or not but here goes. First off I'm a full time staffer who holds no rights to what he shoots so that has a lot to do with my view of situations like this which occur quite often. My paper often gets request similar to this and we almost always provide the reqested content for one simple reason, I want them to like me. When the police or fire departments ask for something I cheerfully provide it, if it's for a newsletter or even if it's just for somebody's facebook page. Why? I regulalry deal with them and they can have a major positive or negative impact on my ability to do my job. The guy who cheerfully emailed photos of the PD from a parade or trainig excersuse has a much greater chance of being cut some slack at a crime scene or of getting access for a story than someone who said pay me. I've gotten to the po it where I'll just send photos unpromted to the appropriate PIO asking them to pass it on to the party involved. That said i don't own anything so I'm not personally giving anything away. I do not feel that I'm simply giving stuff away, I'm investing in my relationship with the agencies I deal with daily. Like any investment it might pay off and it might not. I'm certainly not advocating not retaining your rights or to give content away with no regard. Just to take a long view and not just look at payment as only being monetary. Again, don't know if this is relevant to your situation even if you held the rights, if it was an agency you had little chance of working with again it wouldn't make much sense to try and build a relationship with them but you never know. Just saying sometimes ya got to look at more than a paycheck, but always remember that the rent is due. Sorry for any typos, on my phone. |
|
Clark Brooks, Photo Editor, Photographer
|
Urbana | IL | USA | Posted: 2:39 AM on 06.11.11 |
->> Chelsea,
Three threads I think you should read thoroughly:
http://www.sportsshooter.com/message_display.html?tid=37584
http://www.sportsshooter.com/message_display.html?tid=37037
http://www.sportsshooter.com/message_display.html?tid=37650
Truthfully, you have not provided enough information to help answer the questions in your original post. Peter's statement and question sums up the missing information, "Did you sign an agreement that gives away all the rights to that publication?"
My understanding is there are several variations of P--ch contracts in use. To answer your question you will need to refer to the section heading that details ownership of work created while on assignment for their 'public service'.
If you see language similar to this: "P--ch shall own all right, title and interest in and to the Work, including the right to copyright the Work (or any portion thereof) and the perpetual and exclusive right..." then once you submit your content (story, video or photo) from an assignment, you no longer own any rights to that content. The editor, representing the company can do whatever they want with the content you created in their own self-interest or in the best interest of the company. |
|
Return to --> Message Board Main Index
|