So BMW Roundel Magazine had a shooter at Targa this year who I had a number of conversations with during the event. We occasionally ended up on the same corner but he was travelling with service crews so he couldn't often get deep into stages to get the true action shots. At the end of the event we exchanged cards and he indicated he'd be in touch for some action filler for his article. Post-event I made the arrangements with his editor (whom I've dealt with in previous years) and sold him two shots at a fairly standard magazine rate (MAN magazines are cheapasses!). A mixup meant they sent me 5 copies of last months issue, not this months that the shots are ACTUALLY in. So imagine my shock when someone hands me a copy today and one of my shots is the COVER! On one hand I'm very jazzed (and now need to get my own copies), but on the other hand they didn't PAY me for a cover! It wasn't even mentioned! I can't decide how big a deal to make of this. Its a nationally circulated magazine, though not newstand sold. On the other hand the BMW CCA is a non-profit too. On the other-other hand I'm irked by the article title saying 'Story and Photography by Brian Morgan', though the masthead does list my name for the cover shot. (I do have one shot in the article as well, however) They've been good to me in the past so I'm tempted to let it slide but definitely make a bit of a stink from a principle standpoint just to make the point known.
Way to go Gord, that's awesome! I'd shoot the editor a line, and ask him to explain the situation. You may or may not get anything out of it, but you should at least ask wtf. Politely of course.
this might sound like a bit of a shithead move but.... i would talk to the editor and invoice them for the difference. it's just a principal thing. a situation like this doesn't just effect you. unless the behaviour is corrected and someone says something they'll just keep doing it. i understand the situation as i've been in it myself. talk to them, keep your cool, invoice them for the difference. on another note, editorial does pay shit but isn't it more satisfying? i love magazine work. the gloss. the smell of a newly printed mag. tangible results are the best results.
Yeah, there's something cool about seeing your shots in the glossies. I do have to say the cover is pretty damn cool. Its a super high print quality magazine too. I'm hoping they send me a bunch, I may have to frame this one. Its funny, the shots I've been paid the most for (By exponential factors) I've never SEEN used, so other than the cheque cashing there's very low satisfaction there.
I wouldn't send them an invoice... That will just get their nose out of joint right off the bat and you'll be a lot less likely to get anything else except ignored. My suggestion would be to send a very polite e-mail reminding him that the photos were never licensed for a cover and that you're sure it's just an oversight on their part and asking what they are willing to offer to rectify the oversight on their part. Remember the old "sugar vs. vinegar" thing, right?
Its coming, They haven't updated their website with the January issue yet and I don't have any copies. I didn't think to take a picture of it yesterday. This is their site: http://www.bmwcca.org/index.php?pageid=roundel_magazine I had a pile of shots in the March 2008 issue, but this is my first cover. (Well, I don't count the Flyin' Miata parts catalog, though thats pretty cool too.) I sent the editor a polite email last night expressing my surprise at the Cover and saying it wasn't what we agreed to, I'll feel him out. Thanks folks.
I agree with Robin, I wouldn't "feel" the editor out as they didn't give you that benefit. I would invoice them for the difference between what was agreed upon and the fee for a cover. You have not only been cheated out of income but also out of the actual photo credit. IMO Being too "civil" and a pushover will give them nothing more than an excuse to do this again in the future.
x2 I was about to post the exact same thing. What's the worst that will happen? They won't pay you for another cover? LOL
word and word. they didn't worry about getting you upset by running your image as their cover photo without properly compensating you for it. I'd invoice them for it. if they don't pay, inform them your lawyer will be in contact.
Talk to a laywer. They'll tell you the first thing to do is document the infringement, not send an invoice, which is the first thing a photographer tends to do. What harm can come from letting them know - politely - that you know that they've violated your copyright and usage terms and have "asked" them to go good for it. If they ignore you, or deny your request, then it sounds like you might actually have a copyright lawsuit since you did not get the actual credit and it was given to someone else. And actually, the worst thing that can happen is that you get the reputation as a hothead that goes off at a mistake and word spreads through an industry and you don't sell any more images. Think about it... We as photographers talk to each other. Don't think for one second that industries - especially one as small as the rally community - won't talk to one another. The best thing that could happen is that they reply and say, we're sorry and appreciate you as a future supplier to our magazine and we'll pay you the standard cover rate and print a correction notice in the next issue." May not happen, but I suspect that if they're reasonable at all, you'll get a fair settlement. All I'm saying is don't burn bridges... It's a small world.
My copies arrived last night and actually there is photo credit in the article itself, I missed it when I saw the issue the first time. Its a small side-photo credit but it is there. I'll take some snaps tonight. I'm still talking back and forth with the guy on the matter. I'm a little less annoyed about it but thats mostly because I've got a brand new 'You didn't have the rights for that use' issue going on. I'm glad I don't do this for a living, I'd end up murdering people.
You can see the photo credit in the lower right of the big picture, although the BIGGER credit above says 'Story and Photographs by' Larger versions/Other shots are here: http://pics.spoon.org/gallery2/v/Motorsports/Publication/?g2_page=2
Different customer using a shot on a commercial product without telling/paying me when thats strictly specified in our contract.
