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Image Usage Question
Old 12-02-2007, 10:22 PM   #1 (permalink)
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Here's the situation, looking for advice here on what to do. Back in July, I took photos of a local rock band on a tfcd basis, and gave them the cd soon thereafter. Well, I just came to find out from one of the members that they are using some of the images for their press package. I'm somewhat hesitant to ask for payment due to the fact that the shoot was a tfcd. I want to find out if Im recieving due credit on that package. Any ideas of what to do here?

Isaiah
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Re: Image Usage Question
Old 12-02-2007, 11:50 PM   #2 (permalink)
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Usually even for TFP or TF/CD there is a release. The release spells out what rights each part has. If you do not have a release, then it becomes more nebulous. You have the copyright on the images, but the group may have had the understanding that they could use the images as they wished. I suspect that if there is no release, you probably can't do much. You could ask them to give you a photo credit, but I doubt you can expect a payment. The lesson to be learned, is that you always spell out in the release exactly what rights are being granted and whether payment must be tendered for uses other than the ones granted by the release.
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Re: Image Usage Question
Old 12-03-2007, 01:43 AM   #3 (permalink)
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Yeah, that's what I thought, that they thought that they could use the images however they wanted, since there was no release involved, so I think you are right, that all I can do is ask for a photo credit. Good enough guys, I'm not looking to take anybody to court over this, plus, I don't believe I have much of a case without that release.
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Re: Image Usage Question
Old 12-03-2007, 01:30 PM   #4 (permalink)
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Sorry to hear that. At least you have the solace of saying my images were good enough for a press kit.

JW
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Re: Image Usage Question
Old 12-05-2007, 11:03 AM   #5 (permalink)
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Quote:
Originally Posted by cifcap View Post
Sorry to hear that. At least you have the solace of saying my images were good enough for a press kit.

JW
Very true.
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Re: Image Usage Question
Old 12-05-2007, 02:42 PM   #6 (permalink)
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Since you didn't think enough of your work to get a release, neither did they.

This is a common problem in out industry. No valuation on what we do, so everyone thinks it is free.

If you put in your release, that the value of the work is XXX and additional uses are XX, but the initial use is compensation for your use of the images, then they know the value and if they use them, they have implied consent to pay for them.
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