<p>Dear Photo.net Community,<br>
<br />I appreciate any guidance/advice you have on this issue, it's an unusual scenario for sure.</p>
<p>A few years ago, I was hired as a photo editor/staff photographer at a small magazine company serving about 50,000 readers, with a locally significant online presence. I was very young and naive going into the position, knowing very little about image rights, photographer rights, etc. I contracted to work exclusively with the magazine, and to not work with competitors (just a very small list of other local magazines) for a year after leaving the position, also the contract was poorly written with a loose/vague job description as everyone who worked their wore many hats on the creative team. I was excited, but did not see right through that here was a great opportunity for them to use my art at a very low cost. Whenever I doubted their intention, I just told myself it was a great way to get my work out there, which it was at the time. <br>
My role mostly involved sourcing/selecting all images for the successful publication, but also going out and photographing for selected assignments. It was understood that all images I took for assignments, were property of the magazine since I took them during my time as photo editor/staff photographer. Many of the the images I took I strongly believe contributed to the success and growth of the magazine, elevating the style/brand, and moving the company into taking on more publications. The company grew fast, took on too much with too small of staff, and the company made a quick and nasty split about a year ago as the editors/publishers "broke up" in the stress, and the split was handled very immaturely (competition/territorial over employees and property, "who was going with who", threatening to fire, making many move offices in a days notice) ...basically handled like a nasty divorce with a fight over the kids, kids left to fend for themselves.<br>
It was in this time, that I decided it was in my best interest and job security to not take a side, and to move on and find a new job in a more mature, stable, and predictable work environment. I was also just maxed out, and towards the end of my job there I was pretty disorganized from being overworked, taking on designer roles '& many more. After my announcing of leaving, I was given nearly a week or less to go through all my contributed digital files (literally thousands), with the server in limbo and inaccessible because both "leaders" decided to fight over it, and in the process it was disabled. This eventually provided me with less than a day to go through my work files to have them back in my possession.<br>
Since my leaving, I have miraculously managed to maintain a somewhat positive relationship with both sides (now two separately formed, struggling publication/media companies). They provide me with additional freelance work, I believe to some degree because they know how much they are using me for my images left behind. They continue to unlimitedly post, print my past images to their hearts content, and this is something they don't want to lose. <br>
So here is my dilemma (thanks for reading the novel!). Working there was insane, and file organization was awful, all over the place. Photos got tossed around, between people, stored in random places. Naturally, when I left, there were some photo files of mine left on the server. Some of these photos were images that I took for a separate client, but contributed as what I thought to be a one time use in print for a certain story. My most recent example, a photo I took for a restaurant client (paid me to take it, they possess partial ownership) was used for a cover of an e-publication without my knowledge. <br>
<br />I'm trying to accomplish the following:<br>
-Access to my "one time use" images on the server so I can be assured the are removed (there were so many that I can't possibly remember them all by heart)<br>
- An agreement that in the future, if the magazine uses my images in any way, dated from over a year ago, they ask me permission first. This would only count for photos not shot for an obvious feature story. <br>
These are the only solutions I can think of to help better this situation. Or, am I in a position where I'm forced to just let it go due to my lack of being able to mop-up before I left? Even though I wasn't granted enough time/access? <br>
What are my rights? Or did I give them up by storing them on the server/sharing them in the first place? Anything I can do at this point? How do I go about this to not only protect my booty, but theirs as well?<br>
I've thought about contacting the editors/publishers to speak of this issue, but I in no way can trust that they will react reasonably and professionally. I'm very traumatized from the whole scenario. Also have thought about getting a lawyer, but it seems so extreme. Something needs to happen.<br>
<br />Any advice is greatly appreciated, thank you.</p>
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