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Old Oct 21, 2009, 3:50 PM   #1
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Default Photo Ownership

Hi All

This has probably been answered before, so apologies if I am making you all repeat yourselves.
I recently submitted via email about 10 images of a local sports fixture to the coach of the team who is regularily getting slots in the local paper.
I specifically requested that if any of my images were used, that they were credited to me.
So this week, I open the local paper and it is showing one of my images, fantastic, but has been credited to the coach.
I dont want to take this any further, but just want some guidance and advice on where I stand.

Thanks
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Old Oct 21, 2009, 4:17 PM   #2
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It is yours.

Now try to prove it.


PS: The coach may have stated your name as the source (or may not have stated your name as the source) when he supplied the photo to the paper. However, regardless of the coach's actions or lack thereof, the paper gave the credit to the coach because the coach submitted the photo. It may be a translation error (coach gave your name, but the paper got confused over ownership), or it may be standard policy of the paper to assume the submitter is the source of the photo and give credit as such.

PSS: The paper most likely will not print a retraction/correction, even if the courts were to intercede on your behalf and ordered the retraction/correction as the paper acted in good faith that the coach was the source of the photo.
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Old Oct 22, 2009, 6:55 AM   #3
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Hi Stevie

Thanks for your reply, I do suspect that the credit to the caoch was not deliberate and just an error. Still got me fuming though !!
Could exif data prove ownership ?

Regards
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Old Oct 22, 2009, 7:17 AM   #4
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Quote:
Originally Posted by baller85 View Post
Could exif data prove ownership?
Some manufacturers put the camera's serial number in the EXIF data, and some cameras let you configure a copyright notice or other comment that it will embed in the EXIF data.

At this point, however, I think it's too late to get anything real done about it.
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Old Oct 22, 2009, 12:58 PM   #5
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so, even without a contract, the law would be in the OP's favor (if it could be proven somehow)? I would have thought that, since the coach never agreed to give credit, that there would be no contract and it's as if the OP gave the photos away (regardless of mentioning the desire to receive credit)?
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Old Oct 22, 2009, 4:07 PM   #6
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All we're talking about here is an attribution. No money changed hands, therefore, no one came out ahead. Therefore, there are no damages to be had. This isn't like downloading free music off the internet.

But if the newspaper has an on-line edition, I'd ask for a corrected attribution there.
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Old Oct 22, 2009, 9:39 PM   #7
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Quote:
Originally Posted by baller85 View Post
Hi Stevie

Thanks for your reply, I do suspect that the credit to the caoch was not deliberate and just an error. Still got me fuming though !!
Could exif data prove ownership ?

Regards
Proving ownership is easier than exif data.... You do have the unedited original photograph, and you submitted an edited, modified, cropped, shruken photo to the coach. You got the original, he don't.

But who cares. Yes, you do. But the newspaper does not. Unless they paid for the photo there is no benefit to the coach receiving credit for the photo per the newspaper's position so therefore the attribute is of little concern to newspaper or the public at large. You might want to use the publication of the photo as means to enhance your portfolio or marketing your ability to future customers, but your position is of little concern to the newspaper. You, at a future date, might want to SELL the photo, but having given the photo to the newspaper limits the desirability of the public at large buying the photo from you.

You can spend time and $ trying to convince the newspaper of their error but they are not going to change the attribute or make a correction to their records.... it is just not important enough for them. Even if you can convince the newspaper of their error and they do publish a correction, they will not republish the photo with the correction.


PS: Been there, done that. When I was in college (a small division III football program) I was one of 3-4 photographers for the yearbook and school newspaper. I was lucky and took a wonderful photo from the endzone. The photo made the front page of the school newspaper with my name as proper attribute. The largest paper in the state was our publisher and as such had access to our photos and stories. The local newspaper used MY photo for the front page of their sports section because either my photo was remarkably good or maybe they had nothing as good from the Div I schools that weekend. The newspaper inadvertly gave attribute to the Senior classmate who normally took the football photos. The AP picked up the photo with the wrong attribute and the photo was used in a number of newspapers across the region. Think I could get the major newspaper and the AP to correct the attribute after the fact? Nope.
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