weather.com using my pic without permission

jmphotocraftjmphotocraft Registered Users Posts: 2,987 Major grins
edited September 2, 2014 in Mind Your Own Business
http://www.weather.com/home-garden/home/how-transform-your-house-design-life-hack-20140818?pageno=6

This was part of a shoot for a local architect who paid me to photograph his at-home office space. Any ideas on how to seek compensation?

Thanks.
-Jack

An "accurate" reproduction of a scene and a good photograph are often two different things.

Comments

  • kdogkdog Administrators Posts: 11,681 moderator
    edited August 19, 2014
    I don't think you can blame weather.com, since your client obviously gave it to them. What was your contractual arrangement with them? Do they have the right to use your photo for self-promotion? If so, are you sure this isn't within their rights to do?
    Moderator of Landscapes forum
    Link to my Smugmug site
  • WirenWiren Registered Users Posts: 741 Major grins
    edited August 19, 2014
    I am interested in this
    I would like to hear more about this issue and how it resolves and plays out.

    I have been threading about an image license deal that I am working on and somebody just told me that I made things too complicated.... I am seeing that I had good reason to be exact with the details regarding usage by reading your account. I am very hopeful that you delineated everything out specifically and they are wholly wrong by their actions in your image's use.....

    I have my fingers crossed that you are compensated for the image use and that your original client (if indeed he gave the image to weather.com to use) is completely called on the carpet for blatently using work that was not his in a way that it was not intended to be used.

    Good luck and keep us posted please.

    Lee
    Lee Wiren
  • johngjohng Registered Users Posts: 1,658 Major grins
    edited August 20, 2014
    Yes - it comes down to your contract with the architect. If you don't have a written contract spelling out his usage rights - take it as a lesson learned on your part. If you are going to be concerned about how your images are used, your contracts need to specify that. But, in general he paid you presumably so he could use the images for promotional purposes. Else, why pay you? So he could print a photo and hang it in his office? Does your contract with the architect dictate that any promotional materials provide photo credit to your business? If this is all in place, then contact weather channel. If it's not, it is a lesson learned for your next contract.
  • SamSam Registered Users Posts: 7,419 Major grins
    edited August 20, 2014
    jmphotocraft wrote: »
    http://www.weather.com/home-garden/home/how-transform-your-house-design-life-hack-20140818?pageno=6

    This was part of a shoot for a local architect who paid me to photograph his at-home office space. Any ideas on how to seek compensation?

    Thanks.

    OK, how about you very calmly, without corn cob in the wrong orifice, first talk to your client and the weather channel and find out the details.

    Once that has been determined you can assign fault and decide if you would like the image taken down or if compensation is warranted.

    Ether way don't give up your day job, ya ain't getting rich off this.

    Sam
    www.samlinvillephotography.com
  • AngeloAngelo Super Moderators Posts: 8,937 moderator
    edited August 30, 2014
    kdog wrote: »
    I don't think you can blame weather.com, since your client obviously gave it to them. What was your contractual arrangement with them? Do they have the right to use your photo for self-promotion? If so, are you sure this isn't within their rights to do?

    Correct. TWC clearly credits the architect so they can't be accused of bad business practices and regarding other comments posted here I would venture to say any contractural agreements between you and your client might not come into play if he (your client) did not profit from sharing the image
    www.angelo.smugmug.com

    Moderator of: Location, Location, Location , Mind Your Own Business & Other Cool Shots
  • rdallandrdalland Registered Users Posts: 150 Major grins
    edited August 30, 2014
    Chances are that someone from TWC gleaned the image from here - HOUZZ - where it went fairly viral.
  • jmphotocraftjmphotocraft Registered Users Posts: 2,987 Major grins
    edited September 2, 2014
    oh well, thanks all.
    -Jack

    An "accurate" reproduction of a scene and a good photograph are often two different things.
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