Monetary Value of Photographer Credit

[Doug_Lester]

If all publishers were sued each time they left out a photo credit or even used the wrong name (Thats worse!), there would probably be no photos used in publications. Often credit is left out by accident, occasionally by intent. Over the years, I've had countless photo credits in publications, annual reports and about every place else they can be given. That includes what I call "active photo credit" from sponsoring band and other types of contests, with my name being mentioned on the radio and TV ads for the contests and listed prominently in print ads for the contests, as a 'first prize; for the winner. To the best of my knowledge, I never made a nickle as a direct result of thse credits. I don't recall booking a single photo session or even an inquiry as a result of a photo credit.

[StMarc]

I am a practicing attorney, but I may or may not be licensed to practice in any particular jurisdiction, and this is not legal advice.

I'm with Andy. A deal's a deal. The per-image photo credit was a material provision of the contract and since it was breached, the publisher is in material breach and the whole deal is subject to cancellation. That would mean that in effect the publisher published the images with no license.

If this were a client of mine, I would advise him to ask for a reasonable monetary settlement up front (say a percentage of the gross sales) to waive the breach of contract claim. If the publisher did not want to be reasonable, I'd go after them with both guns blazing for breach of contract, copyright infringement, and obstruction of dogs. (TM Dogbert.)

By the way, if the license agreement was invalid, that would also mean the publisher had no model release carryover unless they got separate model releases. This is a point I would mention tactically, as now (depending on the situation) it's not just me, it's up to 13 people, 12 of whom have no privity of contract with the publisher and can nail them to the wall.

All of this, however, is subject to the qualification "It depends on how much money is at stake here." If they sold 1,000 copies at $5 ea, I'd probably just let it go, frankly.

M

[ QUOTE ]
If all publishers were sued each time they left out a photo credit or even used the wrong name (Thats worse!), there would probably be no photos used in publications. Often credit is left out by accident, occasionally by intent. Over the years, I've had countless photo credits in publications, annual reports and about every place else they can be given. That includes what I call "active photo credit" from sponsoring band and other types of contests, with my name being mentioned on the radio and TV ads for the contests and listed prominently in print ads for the contests, as a 'first prize; for the winner. To the best of my knowledge, I never made a nickle as a direct result of thse credits. I don't recall booking a single photo session or even an inquiry as a result of a photo credit.



[/ QUOTE ]

LOL,... I used to work for a "Lifestyles" magazine here (years ago...their pay was crumbs)..in the Milwaukee area,....until after they kept getting my photo credit wrong,...I'd bust my butt getting their assignments completed on time, and they put someone else's name on my picture that I *could have* used as a tear sheet but noooo...their complete idiot editors couldn't get their [censored] together, ever...It's possible that they screwed up a photo credit every month...in a monthly publication.. So much for theM..

JP

[Andy_Pearlman]

I don't believe there is a "minimum" damage amount. If you didn't register the images prior to infringement, you'd still have to register them in order to bring the suit, which is in federal court. That is an expensive and time consuming process. Since, under those circumstances, you can only be awarded what you would have likely charged for the use up front ($1000 for a magazine cover or whatever) you are unlikely to find a lawyer to represent you, unless you are independently wealthy and trying to make a point.

Now, if you registered the images prior to publication or infringement, you can be awarded the above (what you should have gotten (and that's something you'd have to prove somehow, to justify), PLUS up to $150,000 in statutory damages PER IMAGE, which simply means the fact that they violated your copyright allows the judge to award that much, there doesn't have to be any proof of value or lost fees. You are also entitled to court costs and attorney's fees seperately, so it is easier to find a lawyer to take the case (although you have to bankroll all the expenses through the trial).

Regards,
Andy Pearlman
Andy Pearlman Studio

[Doug_Lester]

Yep. And somehow it seems that the best possible work is one which gets the screwed up credit.