The blogger took the image from the database WITHOUT reading the explicit directions of it not to be used for any other purpose.
Told the Dep Ed that taking a pic and not attributing it is breach of copyright and mentioned the exclusion from the comp because it's been published ...
BUT ... she said they usually pay $150 per pic and to send an invoice.
Putting one together as we speak ... may have to reinstate my ABN! lol
So a Yahoo! and a big thank you for your views, responses and sympathies. That just about pays for the sensor filter clean by Canon. Excellent!
P.S. As I'm writing this yet another phone call - the Dep Ed called my local paper explaining the situation and questioned if it will impact on the entry ... they said no. We'll see what happens after Jan 31 on that one...
**************
I was published in the print and online version of THE AGE- Australia's national newspaper WITHOUT CREDIT or payment!
http://www.theage.com.au/opinion/blogs/modern-times/150-more-reasons-to-hate-the-beach/20110105-19g6v.html (image was up for three days then removed after my email and your responses was received on Monday morning
Why?
Our local newspaper is running a 'Summer Photo Competition' and I entered the published pic (initial proof is via flickr - http://www.flickr.com/photos/54592021@N02/5253162625/ - then my hard drive) .... BUT because of the fine print I have NO recourse! The pic was part of the mystery series I did here - http://365project.org/misschuff/365/2010-12-12
I'm mainly pretty pissed - because The Age (no less!) took the pic as their own - no credit whatsoever.
So girls and boys everywhere let this be a lesson to you and question who is doing what with your images .....
The other thing is the image is probably NO LONGER valid for the competition as it's now been published. So it's TOO good for the competition but good enough to steal as their own! Bah!
Any lawyers out there who want to take this on?
Fellow 365er's feel like logging on to the site and flaming them for lack of credit to the photographer?
A call to action is necessary and I'll do what I need to!
Competition Fine Print .... more but won't bore you with it.
T&C fine print (#1)
Your Material
By uploading, transmitting, posting or otherwise making available any Material via the Fairfax Network, you:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
@jo365 Worked in media - trained journo (second career .... or was that the third?) and choose to no longer work in the bitchy field that it is knowing how they manipulate people to get the story that gets the sales for the publication.
Cranky as! Should have know better as I ran competitions for the publications and know their tricks .... aaahhhh! Silly silly me!
@echosinger they do and they can ..... I'll start making more noises in the morning when the offices open!
@jinximages I used to judge competitions .... just sooo sillly! doh! doh! and double doh! Let's have a drink together in sympathy and celebration .... and do the happy dance that THE AGE chose MY pic! SOOC and all! Sometimes I do rock without editing ... lol
@kjarn of course it would hurt them cause I'd (am will try) demand payment ... but it "the exploit the Material in any form and for any purpose" this is just very unpleasant wording ... true but unpleasant.
You may not have demanded payment - you may have just been happy being credited and if you did demand a payment they were not prepared to pay then they should have approached someone else.
You still own the rights to the picture no matter what is done with it. It's not right however to take it from a photo contest if it disqualifies you. You entered in good faith and that would p*ss me off too. Bombard them with compaints! If they don't correct it then post it everywhere especially on their site where lots of people will see it. ACK!!!!
Well for sure it will, or it should make people more hesitant to enter their photos in such competitions. It's one way for some of the "less talented" to receive some recognition, referring to the pilferers of the company who think it's ethical to take credfit for what is not theirs. Why not run a counter article in the magazine or send a comment in some the local papers about your photo and how they stole it without acknowledging you.
I tried to make a comment on the article RE: crediting the photographer... alas I suspect it was in vane... it has been saved for "approval"... no dount ot won't be approved... but still it is disgusting!
I wrote a letter to the editor. I noted that they have a service whereby they offer their photos for sale. And asked if they are selling photographs that are not theirs and claiming that they are. Told them they have no integrity, and that perhaps they need to write an article entitled 150 reasons not to trust The Ace. Was the best I could come up with having not finished my first cup o' coffee. Sorry this happen to you. May the fleas of a thousand camels infest their armpits...
I posted a comment (which they said was submitted for approval)
It said,
" The photographer who took this photo was not given credit and did not give permission for you to use this photo. Shame on you."
Sorry this happened to you. And a good lesson for all of us.
@tamallamma Cheers Tammi - you're a gem. @tamallamma@justkariherself@binxcat1 - next time in you're in my territory I'll treat you to a drink of your choice, good conversation and a company!
Tweets ahoy!
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Cranky as! Should have know better as I ran competitions for the publications and know their tricks .... aaahhhh! Silly silly me!
@echosinger they do and they can ..... I'll start making more noises in the morning when the offices open!
Ta ladies!
I'm quite paranoid about the fine print. Sorry this happened to you. :(
...but seriously,this is outrageous! You need to do something about it ! I`m really sorry this happened to you.
It said,
" The photographer who took this photo was not given credit and did not give permission for you to use this photo. Shame on you."
Sorry this happened to you. And a good lesson for all of us.
@tamallamma @justkariherself @binxcat1 - next time in you're in my territory I'll treat you to a drink of your choice, good conversation and a company!
*hugs* all round!
Getting paid for the pic - update above .... Again thanks!
...Yay! We`re gonna be rich! ... :)