issue with credit missing on my photographs

photoworks68 · Mar 20, 2019

I need some advice. Please delete if not appropriate.
I did a photographic job as a volunteer for a beauty event last august (two days work). the organization promised that they would credit me each time they would credit me every time they use my work.
However, time and again, they failed to credit me properly, both on social media and on their website). which lead meta believe, as well, that they might have used my photos for other means as well (which I have no way to check) either on magazines, internal or otherwise or for advertising purposes.
Would anyone know what are my recourses. can I sue then for failing to fulfill the terms on the contract? (I have kept screen grabs of the several example of my photographs published on social media and their website without crediting my name).

Kino · Mar 20, 2019

You have a written contract, right? Not a verbal agreement? Was this a paid assignment? DId you copyright the photos formally?

1kgcoffee · Mar 20, 2019

Don't work for free. I don't know what you could sue them for or if it would even be worth the legal headache. You need to speak to a lawyer, the law is different depending on your jurisdiction.

Lesson here is do not work for free. A non-charitable organization that values your work can cough up something. Don't be surprised when they take further advantage by failing to attribute.

removed account4 · Mar 20, 2019

sorry for your troubles. it seems that the organization took advantage of you because you were a volunteer.
you might call and speak directly to the head of the organization. speak to him or her calmly and factually
about how you were promised a by-line and credit in lieu of payment but you were not given one. also ask specifically if they
were used for other purposes and tell him/her what was in your contract ( if one exists ). he / she will probably say it was a misunderstanding
and make the adjustments, if not just chalk it up to experience and realize that some organizations are just like that one, short staffed and they
are scrappy and do what they can. you might want to check out their "yelp! review" to see if they did similar things to other volunteers...
sorry again to hear of your troubles, it stinks when people take advantage of people.

removedacct1 · Mar 20, 2019

Do you actually have a contract with them? You aren’t going to get much traction if you don’t.

jim10219 · Mar 20, 2019

Yeah, I agree with jnantz. Either call or go down there and ask to speak to someone in charge. Don't be rude. Just be factual. Let them know that they did you wrong, but don't get emotional over it. Give them to opportunity to rectify the problem. They may have outsourced the work and the people involved didn't know the terms of the deal. Let them know legal recourse isn't the path you want to take, but let them know it is an option for you. Have the attitude that you want to help them do right, not hurt them.

What I've learned is people are like water. They'll always take the path of least resistance. They're lazy by design. If you make it more difficult for them to be lazy and cut corners, they'll do the right thing. Very, very few people screw other people over because they enjoy it.

jtk · Mar 21, 2019

Join PAPA.com.

ask yourself why you don't have a contract if credit is so important to you that you want to fight about it. If you dont want them to use those photos again, tell them. If you want work from them (or anybody else) in the future, adress this in advance.

trendland · Mar 21, 2019

photoworks68 said:
I need some advice. Please delete if not appropriate.
I did a photographic job as a volunteer for a beauty event last august (two days work). the organization promised that they would credit me each time they would credit me every time they use my work.
However, time and again, they failed to credit me properly, both on social media and on their website). which lead meta believe, as well, that they might have used my photos for other means as well (which I have no way to check) either on magazines, internal or otherwise or for advertising purposes.
Would anyone know what are my recourses. can I sue then for failing to fulfill the terms on the contract? (I have kept screen grabs of the several example of my photographs published on social media and their website without crediting my name).

You are able to make a contract wich complete the rights on your photograpy AND wich include to name you in each situation!
You also can make a contract that includes a sum you get if they not do!
500$ to each possible mistake in concern of your contract = Sorry we forgot to name you - Then you will state : " Don't care that can happen but it makes $500,-!"
The last alternate is you make a "buy out" of ALL rights and the need to name you - but that's a question of pricing [I would not do but "every Photographer seams to have his individual price"
Come along and remember Kant : "who makes himself a worm can not sound when kicked him!"

with regards

PS : Hurry up boy - there is no further discussion necessary about - and you never get superior because you are so kind and nice !

trendland · Mar 21, 2019

What some indeed not recognize is that a contract is just a "form" of agreement between partners!
So you may write real everything into a contract what isn't against the law!

You can make a contract (if they forget to name you) that the company is responcible to wash your car (or your bike - I am not knowing if you have) two times a week! (for one year)!
Or a contract that the company has to drive your mom to the shopping mile on saturday!
But $ 500,- is also a sum they will unterstand - I guess!

with regards

PS : If they swear they will do not forget to name you but they don't want to sign - you have to quit!

PPS :I don't want to know what R.De Niros contracts include his agents let the Studio bosses sign!

BrianShaw · Mar 21, 2019

Having worn these same shoes before, I can honestly say that the situation is annoying and rather common. But what are the damages? For most non-professional volunteer photographers there is no loss of income, or anything else really. It's rude of them to use the pictures without credit but that's about all. In the future, a more solid contract seems quite in order if credit or payment or other image control is really desired.

MattKing · Mar 21, 2019

You could always do a Google image search to check if your images have proliferated through the web.
If you are lucky, someone else with money may be breaching your copyright.

Mainecoonmaniac · Mar 21, 2019

It's been a while since I shot an assignment. But It's always good to have it in your contract. One of the factors in pricing your photo is photo credit. If they don't give your photo credit, this is a breach of the contract and may void their right to use the photo. You could also have a clause if no credit is given, and an additional fee will be charged. I hope you're using a standard ASMP contract.

removedacct1 · Mar 21, 2019

I've been involved in commercial photography since the early 1980s and I have a very clear impression that many entities out there who ask you to work for them in return for photo credits alone (no fee) are highly likely to abuse the work you give them, and rarely live up to their promise to promote you in any way.

Don't work for free, and don't work without a written contract. A photo credit in almost ANY publication is nearly valueless, contrary to what an art director or magazine editor will tell you.

trendland · Mar 21, 2019

paulbarden said:
I've been involved in commercial photography since the early 1980s and I have a very clear impression that many entities out there who ask you to work for them in return for photo credits alone (no fee) are highly likely to abuse the work you give them, and rarely live up to their promise to promote you in any way.

Don't work for free, and don't work without a written contract. A photo credit in almost ANY publication is nearly valueless, contrary to what an art director or magazine editor will tell you.

Working for free might be OK for the beginning!
And when I speak about begining I speak about the "very begining"! That depends on the individual situation of each - some pros. I work with since more then 25years are still " beginers"
but they were not told about - and I am the last who will tell them!
AND oft course they are not working for free - they earn realy to much but did not know!
So begining is real dependable - it could be the "one" very first job wich is for free (just to see how it works) but not for month folks I mean a one or two days job (from a semi-pros.niveau)!

To some it can be a period of weeks to others it may be longer!
But with the day one have to say to oneselfes :" Now I am knowing what I do - there must be the decision - let them pay - the much the better"
There is ALLWAYS NO RISC TO BE TOO EXPENSIVE FOR A CLIENT - because if the client don't "want" to pay and his argumentations is in direction to other "cheaper" photographers - let him!

with regards

PS : Are you too expensive it is the wrong job to you - you are Allways the right photographer!
That may sound strange I know (of course it can be "overdriven") but has a true !
The fact to most photographers is: they don't belive it real - so look at what Emanuel Kant stated again!
For volontiers it would mean : "From this day on I am NO volonteer any longer!"

(that all would imply that you are REAL good in your job - if you notice it is not working you have to
ASK if any other job may be the better decision for you)

jim10219 · Mar 21, 2019

paulbarden said:
I've been involved in commercial photography since the early 1980s and I have a very clear impression that many entities out there who ask you to work for them in return for photo credits alone (no fee) are highly likely to abuse the work you give them, and rarely live up to their promise to promote you in any way.

Don't work for free, and don't work without a written contract. A photo credit in almost ANY publication is nearly valueless, contrary to what an art director or magazine editor will tell you.

That's what they taught me in college. Never work for free because the client won't value your work or you. You can give someone a discount if you like. But if you go down to free, you're basically saying your work is worthless. Plus, it not only hurts you, it hurts everyone else in the industry, because you devalue their work as well.

And I too have had terrible experiences with nonprofits like charities and religious organizations. Back before I started making them pay in full up front I'd say less than half ever got around to paying me.

BrianShaw · Mar 21, 2019

Eric Rose · Mar 21, 2019

jim10219 said:
And I too have had terrible experiences with nonprofits like charities and religious organizations. Back before I started making them pay in full up front I'd say less than half ever got around to paying me.

I second that. Also I have NO sympathy for anyone who works for free and/or without a contract and gets screwed.

RalphLambrecht · Mar 21, 2019

photoworks68 said:
I need some advice. Please delete if not appropriate.
I did a photographic job as a volunteer for a beauty event last august (two days work). the organization promised that they would credit me each time they would credit me every time they use my work.
However, time and again, they failed to credit me properly, both on social media and on their website). which lead meta believe, as well, that they might have used my photos for other means as well (which I have no way to check) either on magazines, internal or otherwise or for advertising purposes.
Would anyone know what are my recourses. can I sue then for failing to fulfill the terms on the contract? (I have kept screen grabs of the several example of my photographs published on social media and their website without crediting my name).

with a written contract or a witness for a verbal contract, you're probably SO; but I would call them up and insist that they stick to their commitment.

issue with credit missing on my photographs

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