Unauthorised Photo Usage: 30,000 Newsletters
Discussion
A well known brand in the UK hospitality industry contacted me several months ago to request permission to use my photos across their social media accounts: "Re: your stunning images. We wondered whether you might be willing to share any images for the team to post on XXXX's social media?"
I like the brand and agreed to their request. I didn't request any financial payment, however I did stipulate that the photos must always be posted with attribution.
They used a number of my photos and, as agreed, always posted a credit back to me. However after a while they kept forgetting to link the photos back to myself. I emailed them to remind them of our agreement, they apologised and promised not to do it again in the future.
Fast forward a few months and I've received a newsletter from the brand with one of my photos as the main header image (1,500 px width).
I'm not hugely happy as (again) there's no attribution, and I don't believe a newsletter falls within the boundaries of 'social media' (as per our original agreement). The newsletter contains updates on the brand, but it is primarily a marketing tool.
I've again contacted them and they've confirmed that they have used my photo. They've again apologised and have confirmed to me that the newsletter is sent out to 30,000 subscribers. By way of apology they have offered to send me a copy of a book written by the owner of the brand (which I already own).
Given that this is not the first time that they've not adhered to our agreement, I'm now minded to issue them with an invoice for the usage of the photo. I'm not a photographer, but my photos have been used by a number of large brands (the BBC, a few multinational banks etc) and a professional photographer friend of mine has previously helped me to price up the work in the past.
That friend is currently on holiday, but I would like to get an idea of what amount I could reasonably charge for this unauthorised usage of my photo.
How would I best go about calculating what amount I should invoice to them?
Thanks in advance for any advice offered.
Edited to add: Having again looked through their social media channels, I see that they've been posting my photos to social media without attribution, but also that they've copied the style of some of my photos (they've had another photographer mimic the photos almost like-for-like).
I like the brand and agreed to their request. I didn't request any financial payment, however I did stipulate that the photos must always be posted with attribution.
They used a number of my photos and, as agreed, always posted a credit back to me. However after a while they kept forgetting to link the photos back to myself. I emailed them to remind them of our agreement, they apologised and promised not to do it again in the future.
Fast forward a few months and I've received a newsletter from the brand with one of my photos as the main header image (1,500 px width).
I'm not hugely happy as (again) there's no attribution, and I don't believe a newsletter falls within the boundaries of 'social media' (as per our original agreement). The newsletter contains updates on the brand, but it is primarily a marketing tool.
I've again contacted them and they've confirmed that they have used my photo. They've again apologised and have confirmed to me that the newsletter is sent out to 30,000 subscribers. By way of apology they have offered to send me a copy of a book written by the owner of the brand (which I already own).
Given that this is not the first time that they've not adhered to our agreement, I'm now minded to issue them with an invoice for the usage of the photo. I'm not a photographer, but my photos have been used by a number of large brands (the BBC, a few multinational banks etc) and a professional photographer friend of mine has previously helped me to price up the work in the past.
That friend is currently on holiday, but I would like to get an idea of what amount I could reasonably charge for this unauthorised usage of my photo.
How would I best go about calculating what amount I should invoice to them?
Thanks in advance for any advice offered.
Edited to add: Having again looked through their social media channels, I see that they've been posting my photos to social media without attribution, but also that they've copied the style of some of my photos (they've had another photographer mimic the photos almost like-for-like).
Edited by Andy M on Monday 23 April 14:24
It's infuriating isn't it. You didn't ask for much and they can't even do that. Whether it's simple forgetting, or passing the project to a minion who doesn't know, or just a cynical 'He won't notice', we don't know.
I doubt you can make a retrospective invoice stick, but you could try as you have nothing to lose. You could take the line 'If you don't pay you can't use my photos again'... and then because they won't pay (the world being full of free photos) you can refuse permission for any further use. THEN if you catch them still using the photos you have more clout.
This contract is giving you nothing, and they are doing very nicely thankyou. Don't be afraid to get rid of it.
I doubt you can make a retrospective invoice stick, but you could try as you have nothing to lose. You could take the line 'If you don't pay you can't use my photos again'... and then because they won't pay (the world being full of free photos) you can refuse permission for any further use. THEN if you catch them still using the photos you have more clout.
This contract is giving you nothing, and they are doing very nicely thankyou. Don't be afraid to get rid of it.
You agreed to social media usage with a credit with a credit. Social Media use without a credit or use in other medias is not what you agreed too.
Personally, I'd go and find out how many times the images were used correctly, incorrectly. I would screenshot the social media posts showing the image, caption, credit and date/time of posting.
I'd email them back and say that you are revoking the rights to any further usage and they'll be hearing from you regarding previous usage that didn't meet the agreement.
Then I'd send an invoice for the total amount of breaches and include a document showing the breaches of the agreement. I'd include the original email showing the agreement also.
If they refuse, I'd go find legal representation who will do it for a % of the claim or get them to add their fees on top and get them to do a letter before action. They might want to settle, if not I'd go all the way and take them to court. Then send the bailiffs in if they continue to refuse to pay.
Usage costs is a tough one. You could look on Getty, find a similar rights managed image and do an example usage quote. I'd be looking at £450 per image for a 1 year social media use license. Perhaps with a discount after 10 images. Newsletter, usually bundled with marketing collateral, another £5-600 for a year? Those are costs for small mid size brands that they'd be paying on top of a day rate to go and shoot the images in the first place.
You can't do anything about another photographer copying your work. I know it sucks when people copy your ideas and composition.
Personally, I'd go and find out how many times the images were used correctly, incorrectly. I would screenshot the social media posts showing the image, caption, credit and date/time of posting.
I'd email them back and say that you are revoking the rights to any further usage and they'll be hearing from you regarding previous usage that didn't meet the agreement.
Then I'd send an invoice for the total amount of breaches and include a document showing the breaches of the agreement. I'd include the original email showing the agreement also.
If they refuse, I'd go find legal representation who will do it for a % of the claim or get them to add their fees on top and get them to do a letter before action. They might want to settle, if not I'd go all the way and take them to court. Then send the bailiffs in if they continue to refuse to pay.
Usage costs is a tough one. You could look on Getty, find a similar rights managed image and do an example usage quote. I'd be looking at £450 per image for a 1 year social media use license. Perhaps with a discount after 10 images. Newsletter, usually bundled with marketing collateral, another £5-600 for a year? Those are costs for small mid size brands that they'd be paying on top of a day rate to go and shoot the images in the first place.
You can't do anything about another photographer copying your work. I know it sucks when people copy your ideas and composition.
Edited by ashleyman on Wednesday 25th April 10:52
I Love Cake said:
Why did you give a large company something for nothing?
Basically this. Company size is completely irrelevant. People think 'use on social med' is some kid of light non published use because its only on Facebook.
I'm affraid I'm not sure how much you should charge, but I would personally stop them using them immediately. Maybe write them a letter. E-mails are easily ignored and sometimes not read by the right people. You could always address the CEO directly.
As for invoicing them directly, I personally don't think you will get anything. There is such a thing as 'unlimited use' when it comes to issuing rights to use images. I know this is how we work as a company when it comes to using the images from our freelancer photographer.
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