Anyone know about newspaper copyrights?

[JETA]

HI everyone,

As a photography I'm sure you all know the feeling of being stolen from. I've run into a weird issue and I'm wondering if it's my own fault.

What has happened is the local newspaper has come to me every week to see if I will supply them with a few football shots for their weekly paper. They always tell me I'll get credit in the paper and I have. It's a pita, but I do it as a part to promote our hs program and to give back to the community in which I grew up in.

Last night it was brought to my attention that the newspaper is SELLING my photos and giving credit to one of their photographers. They have them watermarked with the paper logo. What's even more disturbing is they are selling photos of mine that were NOT printed in the paper. I usually give them 2-5 photos weekly and no more than 2 go to print. They are selling my shots that were never published and of course of a boy who is one of the top recruits in the nation.

So my question is did I do wrong by letting them use my photos? Do they have a right to sell them?

[dhyravy]

JETA, The short answer is yes, they probably do have the right to sell them if no prior agreement specifying use was made. If you are providing images with no stipulation as to their use then the paper is probably within their rights to offer them. You could contact them and ask them not to offer your shots for sale. Going forward I would be sure that any time you provide images that number 1 you are compensated for them, and number 2 that you have an agreement in place as to what usage is agreed to. I also put the usage in my metadata whenever submitting to a publication. Check out: http://photobusinessforum.blogspot.com/
for more information on these type issues.

[JETA]

Thank you for all the info Daniel. I can hardly wait to check out the link.

Verbally I was told the pics would be used for print and I would get credit. Nothing beyond that. Verbal probably isn't the way to go. I'm such a fool with some of this stuff.

I just got off the phone with the sports editor. It appears a staff photographer took the pics and put them up for sale. They are being removed today.

[fidgety]

My thoughts are that the newspaper does not have the rights to sell them, whether an agreement exists or not. The copyright of the work always belongs to the originator of the work, unless sold or given away so even though the newspaper is selling the images, they do not have the right to do so since they do not own them.
As mentioned by dhyravy, I would get in contact with them and tell them to remove the photos from the sight where people can purchase them and tell them you want a written agreement regarding the rights of the images. Granted, they may tell you to jump in the lake and not accept your images any longer but I think your rights to your images are more important.
I would also recommend going to sportsshooter.com and searching under the message board as you'll probaly find alot of infomation about this subject on the site.

[JETA]

Thank you Fidgety.

By the sports editor's reaction I don't think the photographer who put them up for sale was within his rights.

My photos have been removed and I have to say it was done quickly.

They will pay me for my shots, but I'm not sure I want them to have full exclusive rights to them. These are photos I sell and it wouldn't make sense to give them away for a few dollars. The editor is going to explain to me how this works at the next game.

Thanks again for the help guys.

[fidgety]

Excellent. Glad to see that you spoke up. Granted, it could of been a simple mistake but the images are yours and you retain the rights to them.

[fidgety]

By the way, congrats on the featured photo.

[JETA]

By the way, congrats on the featured photo.

Thank you! I just saw.

[Photo-John]

Sounds like it worked out ok. I think we all make mistakes assuming usage understandings. The more misunderstandings happen to you, the more careful you'll get. I often put very specific language in e-mails when I send images. Something like, "By using the attached image you agree..." I think that's a pretty safe and effective way to protect yourself. As soon as the recipient of the e-mail uses the image, they have agreed to the contract implied in the e-mail. That's sort of the electronic equivalent of what used to be on film that came from stock houses. The film would come in a sleeve sealed with stickers. The stickers said something like, "If this tape is removed you will have to pay..."

[JETA]

Sounds like it worked out ok. I think we all make mistakes assuming usage understandings. The more misunderstandings happen to you, the more careful you'll get. I often put very specific language in e-mails when I send images. Something like, "By using the attached image you agree..." I think that's a pretty safe and effective way to protect yourself. As soon as the recipient of the e-mail uses the image, they have agreed to the contract implied in the e-mail. That's sort of the electronic equivalent of what used to be on film that came from stock houses. The film would come in a sleeve sealed with stickers. The stickers said something like, "If this tape is removed you will have to pay..."

It seems the more I go along the well learned lessons I get.

That's a brilliant way for me to send them my photos. I will do this from now on with the paper & the other people I work with. I have to hand my photos out a lot and this is a good way to handle it. TY!

[livin4lax09]

my thoughts on this subject is that you providing the paper with shots is sort of like selling a personal use license. The person can use it how they like, but they can't make prints of it and definitely not sell it for a profit. Sounds like you're getting taken advantage of, and I hope it all works out when you speak to him.

In the future, like others have mentioned, if you're going to supply them with images, also draw up a simple contract stating exactly what you're giving them permission to do and what they don't have permission to do, and get them to sign it. Then you're covered