Should I be upset?

I spent this past fall taking tons of pics for Off Kilter Productions (for free) for their newly released wakeskate video Flatline. They made a poster using my pics of Chase Gregory doing a bs 180 off a railroad tie in Boca Grand. Now if you were to buy the poster and you look at it online, my name is on there along with Chase's name and the signature of the graphic designer. A little over a week ago I got my copies of the poster in the mail, with no name on them whatsoever with the exception of the autograph of the graphic designer in the bottom left of the pics, making it look like he's the photog. So I e-mailed Jim Scott (the dude that's basically running the show) on the 15th and I have yet to hear back from him. Should I be upset? Am I overreacting, what should I do? What would you do?

I would be REALLY mad.

for sure man, i would be pissed, thats YOUR image.

next time, copyright the image

Ya Man i would be pissed if that happened to me!!!!

yes..that is very uncool...

have you thought about "cutting them off" ?

Unless you signed a release form the images remain your intellectual property whether you copywrited them or not. However realistically you would need an attorney who specializes in copyright infringement to get any compensation from these guys. Call them up and bitch like hell - it shouldn't be that hard for them to add photo credits to the master image and it's doubtful they've printed that many out already. (these days there's no major economic reason to make huge poster runs) If nothing else they can have a few custom ones made up for you with your name on there.

ya I noticed that Bess. I like Rich's idea. I did see your name in the credits so hopefully it was just a proof-reader overlook. I know Jim will have no problem correcting the error. That was a great pic by the way.

late/jake

Who knows maybe it was a simple mistake that can be easily corrected ?
Take the high road for now and see if they'll make it right.


RD,
(these days there's no major economic reason to make huge poster runs) You must not be referring to Litho posters ?

I think if you intend to make a career of this you need to stand up for your rights, but do it in a way that you don't burn a lot of bridges. Pretty small industry really.

ERic

(Message edited by fox on May 23, 2005)

What's the contract and where is the copyright?

Tough lessons to learn. Next time you'll be better prepared.

I believe they burned the bridge. And no photographer would stand for that.

J-Rod,

While I agree with you: It appears that the publishers have the ultimate power here. Bess spent time taking pictures but failed to properly protect her interests. A signed contract identifying what was to be done, for what amount of money (or other compensation such as credits) should have been completed first.

Sorry Bess, it appears you have been taken advantage of....unless they make it right.

Take Walts advice and go about it professionally, ask them to make it right.

I for one would like to see the poster.

Like Bess, I did a lot of work for photo credit in the beginning. My advise to you would be get something in writing from everyone you're submitting work to. Weather you're getting product or expenses, working without a contract will get you in situations like this.

This is also a very small industry. Don't piss anyone off by making a huge stink. Call your contact and let them know how disappointed you are. I'm sure they'll take care of you Bess.

Shat!!!!!! that no kewl

Look up the 1994 Copyright law, may shed some light on this.

Even a signed contract is worthless unless you're prepared to hire a lawyer and take someone to court. Having my own businesss for 30 years has taught me that. I guess small claims court would be an option but it doesn't sound like there's any $ involved. If they ask you for more pics send them over next time with your photo credit already in place.

These days, you need to put EVERYTHING in writing.

A tough lesson to learn, but I bet you won't let it happen again. Bummer.

I e-mailed a week or so ago, this is what I wrote and I have not heard a word back, which doesn't sound like Jim. I mean, I dunno, maybe I am the fool but he seemed like a good guy with good intentions and integrity but who knows... here is what I wrote:


Jim,

I got the posters, I have to say I was disappointed to not be given credit for the pics, I also noticed that Chase's name was no where to be found. The only name that appears on the poster is the graphic designer's and it doesn't even say that he designed the poster. Who's to know that he's not the photographer? If I'm going to be doing photography for free at the very least I need to be given credit. Sorry for the inconvenience but if any more posters are printed I need to have my name on them.

Thanx for your time
Bess



I have not heard a word from anyone, should I just drop it? Send another e-mail, I'm not looking to make any waves just some guidance. I think I'm prolly done with industry work anyway, I'm not really sure. I suppose time will tell.

Bess, you did the work, you deserve the credit!! be pissed, be very pissed!

Bess, I'd be mad as hell if I didn't get my photo credit.

I would just swallow my pride if I were you.

This guy's a chump for not even replying to your e-mail.

He'll probably catch wind of this thread and respond with some lame excuse as to why he has not responded.

If you have you communicated via e-mail with him prior to now I see no reason to give him the benefit of the doubt.

I know he doesn't read wakeworld but he does read wakeskating.com should I post a link to this thread over there? I'm just nervous about going too far....

No, it's not neccesary. The same people browse all of these sites. Plus, I think your intent in posting was to get advice and nothing more.

You deserve a response! If the guy is avoiding your e-mails and/or phone calls - he's a CHUMP.