Images taken for press kit used for cover of magazine, etc

[jerry_moran]

So I did a photo shoot for an up and coming heavy metal band back in December. I have a receipt that was drawn up

for payment for photo services and cd with images. The purpose of the shoot was for press kit material, which I

was told was for website, etc....No mention of Magazines etc....While searching on the net to make sure I

received credit for the web stuff, which I did, I found that they were able to use the images prominently in

articles on the web. A few days later I decided to dig a little deeper, and found that one of my images is 1/4

cover page on a popular metal magazine and another is used for a 2 page spread with the article written over it.

I guess they like my work. My question, since there was no request for licensing, and I did not sell the images

and copyright, what should I do next. I assume that this has happened before and would like some advice on how

and who I should approach about getting paid. Am I off base here or not? Much appreciated!

[randmcnatt]

To sum up: you did a press kit job and the pictures ended up being used in the press, and now you want more money.

 

Take your contract and go see a lawyer.

[Spearhead]

"Press" includes magazines. Given that you're not objecting to the web usage, it's going to be difficult to object to print usage unless you have a media-specific contract.

 

Here's the thing about press kits. They get sent out to "the press." The press can then do what they want with the images. Since you knew they were going out in a press kit, you don't have much of a case here.

[fullmetalphotograper]

I think what you had was a failure to communicate.

 

You shot an Electronic Press Kit (or "EPK") is a press kit equivalent in electronic form. In business, electronic press kits

are more commonly referred to as online or electronic media kits. They are used to promote artists and businesses via

mass media.

 

Contents of an EPK depend on the industry and target audience. For instance, an EPK in the music industry might

contain:

 

biographical & contact information

 

monochromatic, high resolution, press photos (for easy reproduction)

 

music clips (with accompanying lyrics)

 

stage plot

 

performance requirements

 

tour dates

 

press reviews and interviews, etc.

 

promotional videos

 

contract and/or technical rider

 

To be blunt I think you did not understand what a press kit was. You could go to lawyer if you have deep pockets but I

would not bet on a win.

[jerry_moran]

There actually was no contract. I was new to this and apparently they were to, or there record label was.(Or Maybe Not) The Receipt reads, "For all photos/photographic services rendered for"the band" , "music management company" for the sum of "****" to me, who hereby accepts. And that's all. My understanding was that payment was for my time, and to give them something to work with, but I would be contacted if something like this came up. Not the outright sale of my copyright. Isn't that inherent. Additionally, my wording was wrong before, Press Kit was not mentioned , but I have done a few since then, with spelled out contracts, as obviously I should have done here. However this turns out, It was quite a bit of exposure for my first studio photo shoot, that doesn't pay my bills though. Lesson learned.....

[tonybynum]

it's press material, you made the error, live and learn. . .

[demaya]

Well, at least contact the magazine for your tear sheets so you can keep it for your folio.