How to Handle This

jandrewnelsonjandrewnelson Registered Users Posts: 300 Major grins
edited July 4, 2011 in Mind Your Own Business
I took this photo last year for The Shindig on the Green people here in Asheville:

shindigOnGreen_072011.jpg

I've been shooting this for them for two years as a donation - in - kind and have gotten quite a few jobs out of the publicity of my being the "official" photographer for this summer event here in town.

This morning, I noticed that a regional publication has used the same photo in both their print and online edition. They did give me photo credit but no money. They never asked for permission to use it.

Any suggestions about the best way to resolve this? I'd love to shoot for the magazine that 'stole' my photo (I've done one photo shoot for them last year on another topic/subject. Also, I'm getting ready to leave town for a couple weeks and could use the money.

Any suggestions would be appreciated!

Jerry
www.meesoon.smugmug.com

Comments

  • SamSam Registered Users Posts: 7,419 Major grins
    edited July 3, 2011
    I am not sure who or what The Shindig on the Green people are. If its a band or event organizer I would guess they gave the image to the magazine for promotional purposes. After all you gave them the images, why would there be an issue with them using the images for their benefit?

    Sam
    www.samlinvillephotography.com
  • DavidTODavidTO Registered Users, Retired Mod Posts: 19,160 Major grins
    edited July 3, 2011
    The publication is unassociated with the event?
    Moderator Emeritus
    Dgrin FAQ | Me | Workshops
  • jandrewnelsonjandrewnelson Registered Users Posts: 300 Major grins
    edited July 3, 2011
    Sam wrote: »
    I am not sure who or what The Shindig on the Green people are. If its a band or event organizer I would guess they gave the image to the magazine for promotional purposes. After all you gave them the images, why would there be an issue with them using the images for their benefit?

    Sam

    The Shindig on the Green is a local, weekly music (bluegrass) event held in the city's version of Central Park. Several thousand people attend each Saturday night duirng the summer.

    I gave the organizers the images to use in their own marketing (website, brochure) but NOT to be used in articles. Interestingly enough, after I posted the original question, I noticed another photo of mine from the same event last year used by the local indie paper. When I got home and checked email, there was an email there from the news editor letting me know they used my photo and to make sure to invoice them for it's use this week.
  • jandrewnelsonjandrewnelson Registered Users Posts: 300 Major grins
    edited July 3, 2011
    DavidTO wrote: »
    The publication is unassociated with the event?

    Yes, the publication is unassociated with the event. The magazine is a monthly "arts and entertainment" type magazine. Additionally, the local indie paper that notified me an hour ago that they are buying another photo from the same event is also unassociated with the event.
  • PRW_PhotoPRW_Photo Registered Users Posts: 13 Big grins
    edited July 4, 2011
    jandrewnelson wrote: »
    The Shindig on the Green is a local, weekly music (bluegrass) event held in the city's version of Central Park. Several thousand people attend each Saturday night duirng the summer.

    I gave the organizers the images to use in their own marketing (website, brochure) but NOT to be used in articles. Interestingly enough, after I posted the original question, I noticed another photo of mine from the same event last year used by the local indie paper. When I got home and checked email, there was an email there from the news editor letting me know they used my photo and to make sure to invoice them for it's use this week.
    Seems to me your issue isn't with the publication, but with the organizers of the event. Do you have a written contract with them? Is publication specifically excluded? Getting a nice writeup in a regional publication can be considered marketing, so it may be the the organizers thought this was an appropriate use of your images...

    Paul Wossidlo
    www.PaulRichardWossidlo.com
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