Can you imagine the surprise I got ....

  • Jack
  • Jack's Avatar
13 years 9 months ago #233981 by Jack
Replied by Jack on topic Can you imagine the surprise I got ....
Gidday

Hey Midge, even just one buck for every photo reproduced would be worth going for.

Please Log in or Create an account to join the conversation.

More
13 years 9 months ago #234003 by Simkin
... the rates for published photos are peanuts here in NZ - assuming Midge isn't Rachael Hunter or Madonna.

Please Log in or Create an account to join the conversation.

  • Jack
  • Jack's Avatar
13 years 9 months ago #234004 by Jack
Replied by Jack on topic Can you imagine the surprise I got ....
Gidday

Midge is better than Madonna.

Please Log in or Create an account to join the conversation.

More
13 years 9 months ago #234007 by Pumpkingirl

maggies mum;210419 wrote: I would think that regardless of who or what the copyright issue may be, if you do not want your face used in an advertising campaign then they shouldn't use it!


That's not quite so clear. Well, in this case I would agree it's clear, but there are other situations where it might not be so clear.

Reputable advertising agencies and photographers would have model clearence - that is, they would have made whoever was posing aware at the time that it may be used for this purpose.

I bet they nicked it off an overseas website thinking the "model" and photographer would never know[}:)]

Please Log in or Create an account to join the conversation.

More
13 years 9 months ago #234019 by beedee
Have you not heard of timed photography... thats what I do if I want myself to be part of the photo, so guess the fence post would be the taker.. but this is a worry, and of course the government chose photos off the netty to use for publication.. the normal kiwi family is someone from canada there was a TV item a few months back.. I think they paid $200 for the use, so you need to find out if your photo was bought or just uplifted ...Midge.... from the site.
Still kick up bobsydie tho

Please Log in or Create an account to join the conversation.

More
13 years 9 months ago #234042 by Midge
No, the pic isn't a close up of my face - I'm standing behind about 15 -20 calves.

I'd like to say that the ad wasn't for any of the big, National, well established stockfood companies, but a Timaru based one. As the lady there said, they paid the newspaper to design and run the advert and this problem shouldn't reflect on them. So I had to tell her whether they like it or not, a stolen photo was used in their advert and it was false advertising, as those calves never had so much as a sip of their product and I've certainly never used any of their products!!

Alongside the pic that was nicked, were the words - Photos from Midge from New Zealand. I bet it came as a shock to the HCH that I live only an hour away from Timaru[:0]

Your onto it PG, it was an American based website. The owner is mad too, as like our group here, members are encouraged to post pix of their cows and farms for the enjoyment of others.

It's the principle of the matter - they had no right to take it, yet alone use it for advertising, without asking me so I'll have to do my bit to help put a stop to this type of stealing. I suspect this newspaper probably do this often.

Any guidance from you folk in the media industry would still be much appreciated :) Any ideas of what $'s I should ask for in compensation if given the opportunity? I've only sold a couple of high resolution pix for $250 but they weren't used for advertising.

I would advise everyone to put a watermark or copyright symbol and your name on every photo that you post on the net in future.

[SIGPIC][/SIGPIC]Cheers[:)]
www.jerseycows.co.nz

Please Log in or Create an account to join the conversation.

More
13 years 9 months ago #234043 by Seaside
Put it this way. The HCH have been paid for the use of your photo by the advertiser (as part of the advert design and placement fee). They may well withdraw it now, but you are entitled to a sum of money for the issue that it appeared in.

I'm surprised that a professional publisher would not be aware of copyright laws. If it was me, and I breached them, I'd bend over backwards to appease the copyright owner.

Having said that, you could perhaps turn it around and offer to sell them some of your other rural pics for future issues of the paper (both advertising and editorial).

Kids, beasts, and chillies in Swannanoa South.
www.farmaway.co.nz

Please Log in or Create an account to join the conversation.

More
13 years 9 months ago #234044 by Seaside
Put it this way. The HCH have been paid for the use of your photo by the advertiser (as part of the advert design and placement fee). They may well withdraw it now, but you are entitled to a sum of money for the issue that it appeared in.

I'm surprised that a professional publisher would not be aware of copyright laws. If it was me, and I breached them, I'd bend over backwards to appease the copyright owner.

Having said that, you could perhaps turn it around and offer to sell them some of your other rural pics for future issues of the paper (both advertising and editorial).

Kids, beasts, and chillies in Swannanoa South.
www.farmaway.co.nz

Please Log in or Create an account to join the conversation.

More
13 years 9 months ago #234045 by reggit
Midge, I haven't had a chance to contact my friends in ChCh who are photographers, have just texted them to call me when their kids are off to school today... :D

Take a break...while I take care of your home, your block, your pets, your stock! [;)] PM me...

Please Log in or Create an account to join the conversation.

More
13 years 9 months ago #234079 by Midge
Thanks Tig - much appreciated :)

Seaside, the HCH is published by the Timaru Herald, the main South Canterbury newspaper, and I'm sure they know copyright laws inside out but just attempted to pull over my eyes in the hope of me taking it no further.

Oh and I certainly am not model material!! It wasn't even a good photo in my opinion and I told them that had they contacted me, I could have sold them a much better one. After the arrogance of the woman I spoke with yesterday I don't plan to do business with them in the future.

As a wannabe 'real' photographer, after asking permission to photograph folk, I get them to read and sign a 'model release' form before taking any pix - just incase the pix are good enough to offer for sale. I offer prints in return and folk are always happy with that.

[SIGPIC][/SIGPIC]Cheers[:)]
www.jerseycows.co.nz

Please Log in or Create an account to join the conversation.

More
13 years 9 months ago #234081 by Midge
Just had another thought. HCH told me they used google to find the photo so do you think google be interested in knowing about this?

[SIGPIC][/SIGPIC]Cheers[:)]
www.jerseycows.co.nz

Please Log in or Create an account to join the conversation.

More
13 years 9 months ago #234157 by drifter
What is the deal with photos being taken at a public event and then sold? Does the person in the photo have any rights at all? I ask, because I was royally ticked off when a photo of my daughter riding her pony appeared in the local rag.
We had a stalker at the time (not too bad tho' folks she was stalking the pony) and I would not have agreed to the photo of my child being published. Nor was I asked[}:)]

However, as a direct result of this photo, the stalker we thought we'd given the slip, appeared back on the scene.

* O.K I know a pony stalker sounds funny :) but it was a very real concern at the time*

Strange how much you've got to know, Before you know how little you know.

Please Log in or Create an account to join the conversation.

More
13 years 9 months ago #234174 by Pumpkingirl
Drifter, it would depend. If you or your child are in a public place, and the photographer is too, then no - they don't have to ask anyone's permission and it's perfectly legal for them to take a photo (and sell it) under media law covering freedom of the press.

However, if I saw a photographer, and I wasn't happy to have my photo taken, I would go and have a word with the photographer - 99 times out of 100 they won't photograph you because life is easier when you don't have aggravated members of the public making complaints. If they don't take you seriously, or you have concerns, ring the relevant editor - they almost certainly won't want to use those images, unless there is something else going on in the image that is newsworthy.

It would be heading into privacy and possibly defamatory territory if you were on private property and the photographer was there without invite - actually, even with an invite I would expect a photographer to let people know they were taking photos, or the organisers of an event should let you know, so you can tell the photographer to avoid you if appropriate.

If the picture was of a crowd, say 20 or 30 people, in a public place, you won't find any law on your side.

If it was a close-up image of you and your child and you weren't aware the photo was being taken, and they used it on a story involving something injurious like child abduction or abuse, you could argue defamation but I would exceedingly suprised if any media these days would do that - if you watch TV stories on any touchy subject you'll notice they use images that don't identify anyone.

In a newspaper situation, any editor would expect the photographer to have the names of the people in the photo, so you would get advance notice.

To be honest, it's hard to see why an editor would use an image of a child without knowing who it was and getting permission from their parents, or at least checking with an organiser of an event - what if the child is involved in a custody battle, or has name suppression or is in a witness protection programme? You just never know, and NZ is a small enough country for it to be possible, in which case they are breaking privacy laws and possibly court orders too.

Being in a public place, the law would be against you, but I would think 99/100 photographers would understand if you explained the circumstances.

Please Log in or Create an account to join the conversation.

More
13 years 9 months ago #234188 by drifter
Thanks Pumpkingirl :)

It was a pony club event. I was aware of photos being taken by another pony club mother, but didn't realize she had just started/or was about to start selling photos. It was, of course, a close-up of daughter and pony jumping with identifying text:rolleyes:

I don't think anyone would have taken me seriously... and if they did it would be just the sort of 'human interest' story this publication would be interested in.:(

Midge, I hope it all works out for you. Sounds like theft to me!

Strange how much you've got to know, Before you know how little you know.

Please Log in or Create an account to join the conversation.

More
13 years 9 months ago #234199 by Isla
What about if someone's on your property without invitation and you take their picture and then they call the cops to do you for harassment? [;)] Oh that's right, the person I was dealing with was mad. :D

Anyone want to see a funny photo? [}:)]

Please Log in or Create an account to join the conversation.

Time to create page: 0.206 seconds