BetterPhoto Q&A
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BetterPhoto Member		Illegal Use Of Images...Help! A few months ago I was approached by a non-profit organization in Atlanta called "Makover with a Mission" to do some before and after pictures for a few woman who had fallen on hard times and were being given an opprotunity for a free ultimate make-over. This make-over consisted of hair, teeth, body...evrything, and I had shot the before and after shots. They came out beautifully and were used at the fianle party where the girls were introduced after their make-overs. This was to be the end of the use for these photos...no releases were signed and I had not signed anything giving up the rights these photos. Last month, on the inside cover of Atlanta Magazine...a magazine with a very large subscription #....was an ad for a dentists office...a commerical ad. My picture were used as the basis for the ad and occupied the entire page. Not only did they not ask for the rights to use the images, but they also gave themselves credit for the pictures followed by an "all rights reserved" disclaimer. What are my rights here? Can I attempt to collect a fee for the usage in the magazine from them? Isn't the entire thing including the disclaimer just flat out illegal??? To love this question, log in above September 30, 2004

Diane Dupuis		Doesn't sound very legal... Next time may I suggest you sign a contract with the organization that clearly indicates what they have permission to use the photos for... To love this comment, log in above September 30, 2004

Jon Close		Get thee to a copyright attorney, and know how to protect yourself in the future. Depending on the details of your situation, the non-profit may actually own the copyright just as a corporation typically owns the patents/copyrights created for it by employees or contracted consultants. To love this comment, log in above October 01, 2004

Amy		Jeff, How in the world did you happen to find that picture, with all the places in the world it could end up. It sounds like a pretty remote chance. Thats one of the things I would worry about in putting my pictures out there, how could you ever know. BREEZY To love this comment, log in above October 12, 2004

Simone Severo		Jeff: My suggestion: Write this magazine a letter introducing yourself and saying that you were very surprised by seeing your picture published there without the credits or any kind of permission. Be nice. Just let them know that you know. Then write something in the line of : "I normally charge $$ for a magazine to publish a print size xx ilustrating an add or article, so I would like you to send $$ payment for the use of my picture and kindly ask you for the correction of right credits in your next publication, since the publication without the photographers permission is a copyright violation. I believe this is a big misunderstanding, but anyway, you can mail the check of $$ to me at ...(and give them your address.) If you don't receive a check in 2 weeks, send them another letter reminding them about the first letter. Never assume they did it on purpose. Sometimes they do, sometimes they keep doing, but when they receive a letter saying that you are the author and you require payment and credit for your work, they shut up and pay... For future times, remember to have model releases ready to ask for permission of photographing and offer a picture in trade. Good luck! Moni To love this comment, log in above November 11, 2004

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