Major Record label used photo for CD cover w/o permission

[peter_simpson1]

<p>Heh, good on you for getting paid for it! Now, make sure you add it to your portfolio :-)</p>

[mt4x4]

<p>Update:<br>

The record label sent me a "Work For Hire" agreement, stating that they would own all rights to the photo, and that they wanted me to sign a 1099.</p>

<p>I replied, telling them I wasn't willing to transfer copyright of the photo nor would I sign a "Work for Hire" agreement unless they wanted to renegotiate the price. However, I was willing to grant them non-exclusive rights to the photo for our agreed upon price.</p>

<p>They replied that they would send me a revised Non-Exclusive agreement. Instead, they sent me another Work For Hire agreement, maintaining they would own the copyright to the photo, but allow me to use it.</p>

<p>Anyways...I'm not signing a Work for Hire agreement nor am I willing to transfer copyright of my photo to them.</p>

<p>At this point I'm thinking I will just send them a Non-Exclusive License Agreement written by me along with an invoice.</p>

<p>However, I have no idea where to start with writing a license agreement. Photography is a hobby for me, not a business.</p>

<p>Can anyone recommend where to start? I can't afford a lawyer to write one...</p><div></div>

[Spearhead]

<blockquote>

<p>This is typical of music labels.</p>

</blockquote>

<p> <br>

This is not typical of music labels. They rob and steal from musicians, but I have never had any issue with the major labels doing anything remotely like this. They are filled with lawyers whose job is to make things completely clean.<br>

</p>

<blockquote>

<p>You ARE going to seriously reduce the size of your online photos and place big watermarks on them, right?</p>

</blockquote>

<p><br />This only works if you don't sell your photos. If you sell your photos, clients put them on the internet and they get lifted. That happens all the time to anyone whose photos are salable The solution is not to put the head in the sand.<br>

</p>

<blockquote>

<p> I can't afford a lawyer to write one...</p>

</blockquote>

<p> <br>

Try using <a href="http://www.abcnashville.org/about/our-network/national-programs/volunteer-lawyers-programs/">this organization.</a> I've used a similar one in California in the past. </p>

[craig_gillette]

<p>If you have not already done so, register the copyright. </p>

[danmarchant]

<blockquote>

<p><em>I replied, telling them I wasn't willing to transfer copyright of the photo nor would I sign a "Work for Hire" agreement unless they wanted to renegotiate the price. However, I was willing to grant them non-exclusive rights to the photo for our agreed upon price.</em></p>

</blockquote>

<p>Well spotted. Sadly some people would just sign the contract without realising their mistake.<br>

<br />Does your price for the image include other uses such as advertising? If not you should probably address that issue now by making sure there is an acceptable use clause in the license and another which states that additional usage must be agreed by both parties in advance (IE they have to agree to pay more). </p>

[grh]

<blockquote>

<p>They already have the photo. If you feel like dealing w/ lawyers and can prove it's your image, you could do that. Maybe just try to get some credit for it so that it can be in your portfolio?</p>

</blockquote>

<p>I really don't understand why people (photographers, no less) keep giving this advice. The label infringed to create a product upon which they will (expect) to derive income. Licensing a photo is a cost of doing business, one which they must take on to create their product. And if the product is in print already, credit ain't gonna happen. The package design has likely been complete for quite some time.</p>

<p>The OP has been wronged, can prove infringement, is willing to negotiate compensation, and could easily legally shut them down if they choose to not cooperate. Which probably doesn't matter if he's only an amateur. He's got the strong position; he just has to kindly communicate that.</p>

<p>I would also agree with drafting your own licensing agreement (www.asmp.org has samples) that states what you want it to state. Quit asking them to provide a document, because they're going to try to pull a fast one. And express your preference for a deadline for their signature and payment (they sign first, not you).</p>

[tudor_apmadoc]

There is a thing on Google image search where you upload a photo and goggle returns the sites where it finds matching

images.

 

I would start there. It might show additional sites where your photo is being used and perhaps the source of your photo.

 

Do you embed a copyright declaration, author and contact info in the EXIF of your photos?

 

If you do go the lawyer route, I would suggest finding one with 5+ years of copyright experience