What happens when the NYT uses your photo...

[megan]

And they don't credit you? In the article about Antony in this week's NYTimes magazine, a photo was used that I took, and was not credited. It was from '91, and chances are, he forgot that I had taken it (though I would usually put the credit on the back. Who knows.)

I know they can't change it in the magazine, it's already printed, but it would be groovy if they updated the site to credit me. Of course, I would have to email them. I'm going to look for the negative in a couple of minutes.

Any suggestions?!?!

[Sebastian]

The only thing that disturbs me about this situation is that you are concerned with credit as opposed to payment. Contact them, tell them (NYT) the photo was used without permission, and politely asked to be reimbursed.

[Liz]

Megan,

I agree with Steve. Go for it!

Liz

And they don't credit you? In the article about Antony in this week's NYTimes magazine, a photo was used that I took, and was not credited. It was from '91, and chances are, he forgot that I had taken it (though I would usually put the credit on the back. Who knows.)

I know they can't change it in the magazine, it's already printed, but it would be groovy if they updated the site to credit me. Of course, I would have to email them. I'm going to look for the negative in a couple of minutes.

Any suggestions?!?!

[Asylum Steve]

Megan, I'm curious to know the original circumstances of you taking the photo, and more importantly, how did the NYT get it?

If this was done for an earlier assignment for them, they may well have the rights to reprint it as a stock editorial pic. But, I agree wtih Sebastian that any reuse should involve additional payment for you.

Now, of course, if you did as a work for hire, they own all rights to the image and can use it free as they see fit...

As for the photo credit, I do think that's a fairly significant issue, and it couldn't hurt to contact them about it.

[JSPhoto]

Any work for hire I do only gives them the use of the photo for 1 or two years depending on who it is. Photos the AP has used are under a two year agreement, the newspapers I shoot for it is 1 year......
Funny this comes up today, a paper ran a shot of mine four days short of one year
They squeaked by on that one!

JS

[megan]

I knew Antony, the guy the article is about. I used to live with 2 gay men (my best friend and his mate) back in '91. They were performance artists, and my best friend's mate knew A. from NYU. He performed with A. in this scripted cabaret and I went to see it - and took photographs. For ME. No one paid me. I was fresh out of art school, on the fringes of this very new avant garde scene in the Village, and I photographed it - documented it, if you will. I honestly can't remember how someone would have gotten that photo. There are several possibilities - I might have given a copy to my roommate or Antony. Or, my roommate may have just grabbed an extra without my knowledge, but I doubt it. It's possible that back in '98 when my best friend died, and I was back in touch with best friend's mate, in a moment of nostalgia I may have scanned it and emailed it to him (which may explain why the foot is cut off in the NY Times version - by '98, I would have been smart enough to put my copyright on it and someone may have cropped it out) for the Black Lips website. (note to self, check the Black Lips website.) In '91, not knowing that A. would become the famous performer he has become, I just might have given him a copy for his photo album.

I was young and naive and not very business minded. I haven't received a response from the NY Times yet - should I send another, give it another day, or find a lawyer?

Megan

[megan]

PS all of the other photographs were credited, that's why I think it was probably Antony supplying the photo, and he just plain forgot that I took it. We didn't know each other very well, I was just the dorky roommate!

The photo I'm talking about is the first on this page:
http://www.planet-megan.com/Images/B...d_artists.html

If you want to see how it was used (if you're that curious and bored), go to the NY Times website (it requires a log in, that's why I'm not linking it), click on "Magazine," and read the article about him featured on the front page of the Magazine.

Now I'm starting to be filled with self-righteous indignation! Although it IS really cool to have my photo in the NY Times Magazine, I must say!

Megan

[Sebastian]

Megan,

Wait a few days for a response. Photo editors are very busy, and in a case like this they might want to check with whoever gave them the photo to begin with to make sure you are not trying to scam them. In a few days follow up with another polite letter. Just make sure that you treat them like equals, they have their job to do and you have yours, be professional and polite and they should return the gesture.

[Asylum Steve]

I thought perhaps you had shot the pic for NYT years before.

Well, being no expert on creative or intellectual property law, I think NYT may still be withing their legal rights using the photo. I know the newspaper I used to work for used subject provided artwork (including uncredited photos) all the time in their editorial features.

This would include family snaps, shots on location taken by strangers (travel, events, etc.), and images like yours which I suppose could be considered "documentary" in nature.

Normally the credit for these kinds of pics are, photo courtesy of yada yada yada, where "yada" is the person that provided the shot, not neccessarily the one who took it...

As it was a non-commercial use, I doubt they're required to either compensate you or give photo credit.

But again, there's a chance they may give you the credit on the web site, which all things considered, would still be a good thing...

[Sebastian]

They can not legally use the photo without your permission. Doesn't matter when you took it, and even if you gave it to the person it was still given for personal use. They in turn have no legal right to give it to any publication without your consent. The moment you took it you owned it, and you are in charge of how and when it gets published. It's not like you gave the person license to use the photo in a press kit and the kit was sent to the NYT and they ran it, this is through and through usage without your knowledge and consent.

[megan]

My thing is, all of the other photographs ARE credited with the glaring omission of mine. So that's why I'd really like the photo credit, or at the very least, an "Oops, the photo-credit for the photo of blah blah blah was mistakenly omitted..." in a future issue. Time is running out for the credit on the website, as I think it's only up for 7 days at the most. However, it could still be updated with my photo credit for the paid versions (of the article).

Regardless of what happens with the NY Times, I'm going to send something out to his record company and kindly ask them that if they use the photo in the future, to enhance my career as well by nicely crediting me, and I'll send along a better scan than what appeared in print along with my copyright. Maybe I'll few in another few images from that performance as a good will gesture. WITH the copyright, of course.

And Sebastian, regarding the copyright law, that's always been my understanding as well! So I'm just hoping that the paper, who really don't even have to respond to me because of what Steve wrote, will be nice and respond to me anyway.



Thanks for the insights!

Megan

[Asylum Steve]

They can not legally use the photo without your permission.

Again, I don't know the law well enough to say.

I do know, however, there are instances where a publication CAN make fair use of a copyrighted image in an editorial manner without permission or payment from or to anyone, regardless of who holds the copyright.

Just not sure if this is one of those situations...

[Asylum Steve]

If you want to see how it was used (if you're that curious and bored), go to the NY Times website.

Now I'm starting to be filled with self-righteous indignation! Although it IS really cool to have my photo in the NY Times Magazine, I must say!

Yes, indeed. I agree with you, photo credit here is way more important than any copyright quibble or payment.

Interesting article. I might have to give him a listen...

[Sebastian]

Steve,

I wonder if you're thinking of subjects. A photo of a person can be used for editorial purposes without the subject's permission, but every photo has to have the permission of the creator before being used. The only fair use exceptions are educational and non-for profit, but those are iffy at best.

Copyright fair use:
http://www.copyright.gov/fls/fl102.html

I need to dig into this deeper.

[megan]

Interesting! I should actually pick up a copy of today's Times to see if they made a correction without notifying me.

Megan