MagicMark

I recently did a photo shoot (portrait session) for a brother magician. I shot this session on location at a local restaurant but in the final work the background was removed. My work was to go towards the publication of his book (series of several books in total). All I asked for in exchange was a by line (credit) for my work. But because my work was soooo altered I don't feel my work will get any credit at all, even though I asked for credit.

The magician is my friend, I even gave him a 13x19 inch print for him to hang on his wall. But I'm pretty sure the publishing company will not be giving me any credit. I can't bring this up to my magician friend because he is my friend and I wish to keep my friendship. So I will not bring this up to the publishing house either. So I will keep my mouth shut.

Has this ever happened to you?

Sorry for the rant. :(

SharpShooter Loc: NorCal

Magic, I do work for magicians all the time, But they always seem to make it disappear !!
Hey, just kidding.
You should still get your credit for the photos, after, all, you shot them. I mean, they came from somewhere, no matter how altered they are, they are still yours.
SS

OddJobber Loc: Portland, OR

No, has never happened to me, as I've never been published. But several things. You shot the shots, you own the copyright. If they are "soooo altered", do you still want credit for them or do you want to distance yourself from this project? You say you asked for a byline, from your friend? A real "friend" would not hesitate to follow up on your behalf. The publisher, if they have any experience, is used to this situation and should realize it's much easier to give you a byline in print instead of fighting the issue. So, no, don't just let it go. May be a good lesson in how things work if nothing else.

Musket Loc: ArtBallin'

Better lawyer up.

The lesson here is: Dont mix business with friends if you cant be bothered to get all of that in writing. Your only solution is to issue take-down notices if the images are use.

I wouldnt shocked if the publisher throws out the image in favor of their own in house/contracted photographer.

You should be more angry at yourself for this photobusiness 101 blunder. http://asmp.org is a good place to start to learn the business side of this industry.

mdorn Loc: Portland, OR

Rant away... It does feel good every once in a while. Could it be that the "altering" of your image is the most upsetting to you? Obviously, your friend didn't understand how you felt about it. He or she should honor your request and make sure the publisher give you credit. Oh well... another lesson, but I wouldn't go as far as "lawyer up". Of course, this all depends on your friendship, but chances are you won't get squat for your verbal contract, and I don't know too many lawyers who will take on a charity case like yours if there is no money in it for them.

Just be happy for your friend, and move on. Charity is supposed to be about giving without any expectation of return. Who knows? Your friend might surprise you in some other way. Let this one go. If this person is a good friend, this is worth more than all the recognition in the world. Hope you are feeling a little better now. Good luck with your magic. BTW: I love magic!

dpullum Loc: Tampa Florida

Two thing to remember about doing good things.
No good deed shall go un-punished.
Gratitude is the most short lived of all human emotions.

Insanity is doing the same thing that fails over and over. Based on that and the "doing good" info, I must be insane, I keep helping others when I can.... Oh well "live and learn" oh excuse me correction "live and not learn."

schuchmn

Since you own the copyright to the photo in question, I don't think a publisher can use it without your permission.

Eustace2 Loc: Cincinnati

Do some research to find out how to register the photos with the Patent & Trademark office. Contact the publisher to inform them that you are the photographer who took the pictures and that you have retained a copyright on them.

As others have noted, something as simple as your name with the (c) on the prints and/or embedding your copyright in the metadata will go a long way in protecting your rights. In addition, if I give someone pictures on a CD/DVD, I print the copyright notice and license restrictions on the CD/DVD.

Finally, if it is a reputable publisher, someone will be confirming that they have appropriate and adequate rights to use the photographs in the book.

The copyright protection laws may include a legal fee provision. I have not looked at them lately. It should cost you nothing to talk to a copyright attorney to find out what your options are if your discussions with the publisher don't work out.

bkyser Loc: Fly over country in Indiana

I don't understand the question. You don't know for sure that you aren't getting credit, but you are upset? I have a lot of friends, and I don't think I'd lose any of them by asking a simple question. If I lost a friend over something like that, I'm lucky to have lost them.

Back to the original post, you are only guessing....find out, tell friend to let publisher know that they cannot use your photo without the credit.

oldmalky Loc: West Midlands,England.

:thumbup: :thumbup: :thumbup:

Terra Australis Loc: Australia

A rant is good. But if you talk to your friend I'm sure you can work it out. You should get credit in a publication. But life is not always fair.

However what does 'Smarity' mean? Or did you mean Smarty?

RMM Loc: Suburban New York

Contact the publisher by letter (registered, return receipt requested) and POLITELY remind them that you want a photo credit. That will serve to remind them that you own the copyright. You'll probably get a polite letter in response assuring you that you will receive a credit. The publisher will get the message that they've been put on notice that there is a potential copyright infringement. That could be very costly to them. There is the risk that they'll replace your image with something else, but if you make it clear that you are only interested in a credit, it's an easy thing for them to do.

dglphoto Loc: Lynnwood, WA

I have not had that particular incident but you may still be able to get your work registered with the patent office. Not sure that will help your friendship but it would put the publisher on notice. It might be too late but you can register after photos are taken.

Read the book "Photographer's Survival Guide" by Ed Greenberg and Jack Reznicki. Greenberg is a lawyer and Reznicki is a professional photographer. Well written and a short read.
You may need to chalk this incident up to "Lessons Learned" but read the above book and see if you can still salvage your rights.

Nightski

This is really disappointing for you, I am sure. I think RMM gave you the best advice here. I would like to add one thing. My husband and I have run a little shop for 15 years. We do retail and custom orders. Whenever I am selling custom order, I am very up front about what I expect in return for our services . Especially with friends and acquaintances. If you take care of the business up front, everyone will be much happier.

A few years back, a Fireman from the DNR came in to order shirts for their group. I tried to talk him into letting me print order forms for them, so he could collect the money up front. He argued with me to the point that I finally gave in, and just took the order from him, reminding him that I could not hold his buddies responsible if they did not pay. I could only hold him responsible since he was the only one in my store ordering. He told me these were practically his brothers. They risked their lives together fighting wildfires, and he trusted them completely. It took him six months to collect the money after the order was done. All the people that paid him were angry that they had not gotten their order yet, and he was in the middle. It was awful for him. I think I ended up being stuck with a few things. I felt so sorry for him, that I let him have the order when he had paid for most of it. Whenever anyone tries to tell me that they can trust their friends, I tell them the fireman story. It works every time. :-) Good Luck, and do the deal up front, in writing.
:thumbup:

mdorn Loc: Portland, OR

:thumbup: Great story!