hi guys,
The title says all there is to it.
I was contacted by LA based marketing company to document a charity event. First they offered some money, but I agreed to do it for free to help the cause and expand my events porfolio.
Two days before the event I saw their add on Craigslist where they offered some money for this gig. I felt strange because I thought we already had an agreement as for who was supposed to photograph the event.
On the day of the event I never saw another photographer, so it was just me.
I sent them some low resolution images from the event few days later so they could use it in their reports. That was supposed to be it. Internal use, just for this company so they can show it to the management.

Today I googled the name of the event and I saw all my images used on imeem.com

What would you do?

Register the series of images with the USPTO, it costs around $35, then call the PPA and see what advice they have for you

you should not have done it for free, or if you do decide to donate the service to the charity, you should still send a invoice with the amount that you would have charged for it, then you HAVE to include usage on the invoice, duration, amount of images and the intented use.

they did offer money so why not ask for the money for the existing use.

thanks guys,

I started reading "Best Business Practices for Photographers" (John Harrington) to avoid all mistakes like this in the future ;-)
I really don't mind if somebody uses my images on their website, if they give me a credit for this. I just don't like when they say they don't intend to use it elsewhere and than submit it to other portals. It's just not right... in my opinion.
I guess I will have to learn to put everything in writing for all assignments, charity or paid.

Jay,
I really like your editorial style. Cool images, great processing. Man, you have some pretty light in CA.

I would suggest that before you go combative, if you just want credit for your images just contact them and request to give you credit.

What you did was "work for hire" even if it was for free. For cases like that you need to clarify any copyright issues because they will assume that they have full usage of the images. You still should to do a contract. Or at least, emali them acknowledging any verbal agreement specifying any terms, like any use given to the images has to have full credit to the photographers in...

But I would talk to them something like...hey, the event was great and I saw the images in such a such place... Could you please add my credits... I will truly appreciate it, if you do... something like that. I think that would go further than if you get combative right of the gate.

Good luck,

Work for hire only transfers copyrights if it is stated in the written agreement.

(this is Straight from Copyright.gov) Here is the PDF Link.


No written agreement therefore the second condition is not met and it is not a work for hire.

I would contact them first before going through the legal system.

I recommend having a contract in place no matter what the situation.

I was in a similar situation once where I took some photos of a bridal show as a favor for the show producer. She was appalled that I used the images on my own website and called me to "give me a clue."

I almost gave in because she has been around so long and didn't want her to bad talk me all over town. But then I talked to a few people and found out she was a big bully, so I sent her a nice email saying that in absence of a contract she is welcome to use the images as long as I get a photo credit and that I would continue to use them in any way I pleased.

Now I have a contract for EVERYTHING.

Sean

Bryce,

by saying that "they assume they have full use" I didn't mean that they may have legal use nor did I implied that because it could be a work for hire they have the right to used them. But thank for the clarification. I would not like to lead anyone stray.

In the first place he was hired to do a work he chose to do it pro bono. It is easily assumed (I would even suggest almost customary) by the non-profit org that you are giving them full use because otherwise, why are you doing it for free? They don't need just your services but your images. That is why they hired you in the first place. I, as their lawyers, is what I would argue just that.

No withstanding that there wasn't any written contract, I would argue that I hired you (work for hire) to produce some pictures for my use. By been pro bono you are admitting you weren't charging me for the job nor for the use of the images.

I would strongly suggest to avoid any confusion to do in writing. That would benefit both party by stating clearly everyones right and avoid misunderstanding later.

In my opinion, an assertion of his rights under the circumstances would cause him more damage than good. I believe his concern wasn't the use of the images but failure to give him credit, something easily solve by a good faith talk.

Good luck

David,
What you said is great and all, but it doesn't change the clearly stated law. You know the old addage "Ignorance of the law is no excuse." I was just letting people know how copyright law reads.

Cheers,
Bryce