There was a terrible workplace shooting today in New York City, near the iconic Empire State building. Within minutes, people who were nearby and witnessing some of the carnage immediately posted images and videos shot on their ever-present smart phones. Within minutes of the images being uploaded, various new organizations were contacting the people who took those images. The good folks at PetaPixel got some great screen captures from Facebook and Twitter, showing requests from national and international news organizations, requesting to use images. Canada’s Globe and Mail, CBS, Associated Press, Reuters, BBC, and a bunch of other foreign press and blogs.
When you are getting flooded like that with such requests, wouldn’t it be prudent for a person to ponder: “Hey, wait a minute, this might be worth money”. Ya think? Most people don’t think and give the work away.
The NY Daily News website first ran an image with their watermark plastered all over the image. It had no credit, just their watermarks. I guess they didn’t want anyone stealing THEIR photo. If you want it, I’m sure they’ll be happy to give you the price the Daily News will charge you to run it in your website or newspaper. They finally, later, credited one Sean Senatore. I hope Mr. Sanatore had the sense to protect his work and make some money from his images. After all, it’s money in the bank to the news organizations.
I also heard on NBC this morning a request for images. Understand when you submit these images, you may be giving that newspaper, TV, news media, ALL RIGHTS to your image, according to their terms of submission. Just like uploading to some social media sites may also strip you of the right to protect your images. In the cases today, while contributors may still own the images, the news medias they just gave their photos to, might own the rights to do as they please, like license and syndicate it, and keep all the money. The contributor MIGHT get credit. Take a look at the images from today and see how many list the photographer’s name.
Let’s not be subtle about this – DO NOT GIVE YOUR PHOTOS AWAY! Hire someone, like an agent or a lawyer experienced in this type of negotiation and let the pros work. It’s just business. And note we are not running any photos of today. We don’t have permission and have not licensed for any use.
#1 by PGWilliamson on August 29, 2012 - 9:47 am
Glad to see your post. We have photographers running around town shooting every event under the sun and posting hundreds of images weekly to our local newspaper’s website. The newspaper then sells those photos to individuals without giving any compensation to the photographer. Their stringer/freelance rates have dropped to a pittance when they do pay for news coverage. I know that most newspapers are struggling, but this is bad business for photographers. It actually reinforces bad business skills.
#2 by Joey Lozano on October 1, 2012 - 5:56 pm
Hi! quick question? I did a shoot for a friend that is going to enter the photos into a photo competition. I shot it for free to do my friend a favor. However, I just got word from the company that their T&C is that they keep the rights to the photo and they may advertise with it. Any suggestions on how I should go about this? I have not released any photos yet to my friend or anyone else. I will register the photos prior to “Publishing” any of the photos.
Thanks in advance.
#3 by Jack and Ed on October 2, 2012 - 9:09 am
Hey Joey, it’s hard to answer your question without seeing the terms of that specific contest. Contests always need the rights to promote the contests and the results. That’s proper and fair. It’s when they over reach that creates a problem and that happens too often. It’s usually a lawyer trying to overprotect the contest, but sometimes it’s just a rights grab to gather a free image library. Some competitions have backed down from onerous rules when contacted by a lot of people or by a photographer’s trade association, like ASMP or PPA.
So in short, sometimes those rules are just fine and sometimes they are horrendous. Read the rules carefully and decide for yourself if this is something to do or something to pass on. But the rules are the rules and you accept their rules when you enter the competition.
-Jack
#4 by Doreen Harris on October 9, 2012 - 11:56 am
I have a related question regarding a copyright issue. I was recently in Africa and took pictures of a poached rhino. The photos were taken on a private conservancy (not a national park) which has people like myself visit for the sole purpose of seeing and photographing their wildlife. Can I register these photos with the copyright office and then publish them without violating any laws? I am not aware of any restrictions regarding photos taken within the conservancy.
#5 by Jack and Ed on October 9, 2012 - 12:14 pm
Hey Doreen, Yes, you can register them. You can register any photo you take. That’s the easy part. What you do with the photos is where the law comes into play. For editorial and most uses, I’d venture you have no problem, depending on if there are recognizable people in the shot. Wildlife by itself should not need a release. For editorial use, if you have guide in the photo with a poached rhino, it should be no problem. But, if it’s “implied” that he’s the poacher or something similar, then you would have a problem.
In short, it depends on how the image is used, but registration and usage are not linked. Register everything.
Jack
#6 by Doreen Harris on October 10, 2012 - 7:41 pm
Hi Jack,
Thanks for the feedback. I will likely send it to environmental/wildlife organizations who work against such horrific acts such as poaching wildlife. It was very upsetting to see this but perhaps something useful will come by sharing this photo. But, as you always suggest, I will register this and all my photos. Thanks again.
#7 by Yc on March 26, 2013 - 4:46 am
Ok, suppose I am that photographer. I got the photo. And, I know enough not to give it away. What next?
I would imagine that the value of the photograph goes down by the minute given that there were likely others there with their iPhones, and are likely to be giving away THEIR photos. Should I head to the nearest Starbucks and Google “photo agent”? “Copyright lawyer”? “AP”? When I get in touch with the “right” people, what should I ask for? How do I prevent being taken advantage of by a different species of vultures?
#8 by Edward C. Greenberg on April 2, 2013 - 9:09 pm
First, register the image(s) that appear to you to have instant and obvious value. A ten minute exercise done on line and well before you attempt to license or market the image(s).
Second, don’t go handing away your rights or your money to someone unknown to you. Haste makes waste and crates opportunities for theft.
Third, try to meet up with a potential agent, lawyer, accountant etc. NOW, before you need one. Interview these people who potentially will be working for you, not vice versa. Make your contacts when there is no pressure.
Fourth, get referrals from other photographers, agents, reps, lawyers, accountants and so on before approaching any potential “employee” or agent.
Fifth, you may be the best person to shop your image. If you are uncomfortable negotiating or knowing how to price a license, seek a person who does this frequently and well so you can make the call when the iron is red hot. Your best rep could be your spouse, agent, a lawyer but rarely, very rarely a stock agency.
Every case is different so do your homework way, way before you are tested. Find your comfort factor at your leisure.
#9 by Yc on April 2, 2013 - 11:29 pm
Thanks Mr Greenberg.