How would you play this?

[pincher]

Was sitting on the train this morning, idly thumbing through one of the tabloids and read one of the regular columnists pieces. Had a picture accompanying the article and it made me think of a pic I took in New York recently. Had a flick through my iPhone photos and it was there, so emailed the columnist (I don't usually do that sort of thing - honest!!) with a comment and my pic attached.

Got a reply later this morning along the lines of 'Like it - will use it next week'.

Now, I don't really mind but it would have been nice to have been asked if they could use the pic, instead of just telling me that they are going to. So, assuming they do use it, would the copyright automatically pass the the newspaper?

I should point out that it's not a great photo likely to ever earn $$$$ - in fact it's just a snap I took on my phone. But surely there is principle involved?

[wetny]

I would be happy just to get it published, but I know what you mean.

[itsnotarace]

You sent it to them unsolicited. Did you send an outline of what your charges would be and also the restrictions on their usage of said image?

If not, it's a bit late now dontcha think?

[Kit80]

You sent it to them? and your annoyed they didn't ask if they could use it? Being published is not an easy thing to do, personally I would be delighted that a picture might even stand a chance to published. When you have had a lot of things published (assuming you haven't) I would then send your terms and conditions along with the email.

Edited by Kit80 on Wednesday 10th November 18:15

[nick_bbb]

Kit80 said:

Being published is not an easy thing to do

I disagree. Getting published is easy. Getting paid is the difficult part.

[agent006]

A lot depends on the exact wording of your initial email.

[Kit80]

nick_bbb said:

Kit80 said:

Being published is not an easy thing to do

I disagree. Getting published is easy. Getting paid is the difficult part.

You're obviously a better photographer than me then

I haven't really tried to be fair so will take your word for it.

[RobDickinson]

Giving photo's away is fairly easy...

To the OP just ask for credit and be happy, you did send them the pic after all.

You can ofcouse get arsy and tell them they cant publish it, it still remains your photograph.

[minky monkey]

nick_bbb said:

Kit80 said:

Being published is not an easy thing to do

I disagree. Getting published is easy. Getting paid is the difficult part.

Definitely!

[Simpo Two]

Why would he want to use it next week if he's already used a very similar one this week? Or is it that Tog 1 wants repeat fees and you don't?

BTW you have copyright unless assigned otherwise, so it's up to you whether you charge or not. But they can't use it without your permission.

[pincher]

Crikey - more replies than I was expecting!

I'll try to cover everything;

itsnotarace said:

You sent it to them unsolicited. Did you send an outline of what your charges would be and also the restrictions on their usage of said image?

If not, it's a bit late now dontcha think?

Yes, I'll concede that it was sent unsolicited but not with the intention of trying to get it printed. In fact, I was surprised to get a reply - let alone one saying that they intended to use it next week.

Kit80 said:

You sent it to them? and your annoyed they didn't ask if they could use it? Being published is not an easy thing to do, personally I would be delighted that a picture might even stand a chance to published. When you have had a lot of things published (assuming you haven't) I would then send your terms and conditions along with the email.

I see what you mean - it does sound a bit moany doesn't it? To be honest, I'm almost pissing myself that a photo I took might end up in a national newspaper. I guess for that, I should be grateful!

Simpo Two said:

Why would he want to use it next week if he's already used a very similar one this week? Or is it that Tog 1 wants repeat fees and you don't?

BTW you have copyright unless assigned otherwise, so it's up to you whether you charge or not. But they can't use it without your permission.

My pic is pretty much the direct opposite of the one in the paper today, so I guess they will use it (if they actually ever do) to show the comparison between stupid GB and the rather more direct approach of the Americans. Which was why I sent it in the first place.

RobDickinson said:

Giving photo's away is fairly easy...

To the OP just ask for credit and be happy, you did send them the pic after all.

You can ofcouse get arsy and tell them they cant publish it, it still remains your photograph.

And a name-check was what I asked for - nothing more, nothing less. I'm not pro, so no really in a position to ask for anything else. I'm just really pleased that they may use it at all but a bit miffed that they didn't ask if they could - just told me they were.

[Hedders]

Look at it from his point fo view. He gets sent hundreds of pictures and articles a week, is he supposed to reply back to each person asking if they want them to be put in the paper?

He would probably get some pretty short replies

[Simpo Two]

pincher said:

Crikey - more replies than I was expecting!

Yes, feeding us copyright questions is like feeding piranhas!

pincher said:

My pic is pretty much the direct opposite of the one in the paper today

Ah, right.

pincher said:

so I guess they will use it (if they actually ever do) to show the comparison between stupid GB and the rather more direct approach of the Americans. Which was why I sent it in the first place.

In that case all is well

I agree you can't really ask for money now even if you wanted to, which you don't, but you still own that image and you should protect any future use. Suggest you advise them that you retain copyright in the image, but have given them licence to use it free for the one use and place mentioned.

You can always give them permission to use it again if they want, but at least you have control.

[Robbie B]

Last Christmas during the heavy snow, I took a picture and sent it to my local paper with an email saying that I know they are always looking for good photos and if they would be interested in using the one attached to contact me.

They didn't.

They did however put it on the front page and again on the inside, larger.

I was a bit like you really. Wasn't sure what to do, but in the end I just chalked it up as a lesson learned and was just pleased to be published.

[crmcatee]

I would have invoiced them for un-authorised use if you had explicitly asked them to contact you.