My photo in Garage Magazine! (too bad)

Too bad it's a stolen photo without my consent...
Too bad I didn't get photo credit...

Too bad, because I would have loved to have my work published in Garage along with my input and credit. I mean, It IS what I do for a living... makes me wonder why I sold my house, cars and cool collectibles to try and make it in the photo industry if my work can be ripped and printed without pay and/or credit.

Too bad...

hc

 

Seems you would not have let the picture be tossed around so freely.

I does suck how ever.

 

What are you going to do about it?

 

I guess just write a stupid, crybaby post on the HAMB and then move on...

hc

 

Well, you got that part done.

That sucks man. I hope something good comes from it somehow...

 

Photographers do have rights to their work ya know...
I'd send a sternly, but professional, email. Photo rights are taken seriously in the magazine world to avoid lawsuits. Someone will get back to you.

 

Terrible, but look on the bright side, at least they appreciated your work.

 

Im gonna go out on a limb here and say..............your best bet is to contact Garage Magazine direct and voice this to them. Airing it over a public might not be as constructive.

I can understand your unhappiness and I imagine that the folks at Garage will amend this situation the right way.

P.S. Checked out your portfolio........Really nice work. The folks at garage would be stupid not to put you on the payroll

 

which one was it?

 

bullshit. no way around it

 

Tell them, not us. We can do exactly diddly-squat about it.

More than likely it was an oversight, I doubt anyone would risk themselves financially over a picture, especially a magazine.

 

You could send them a cease-and-desist letter. Its a simple way to put in legal terms that you don't approve of them using your material without consent or credit.

 

Doesn't JJ own garage magazine? tell him how you feel!

If nothing else you could get credit for your work in the next issue.HRP

 

Honestly, it's a small pic in the back... but it still sucks.
It's one of my expired film pics from the Round-up... I took a whole series and posted them on my site (I've since updated my site and the page is no longer active).

Might as well throw it up here and get some publicity outta this deal... anyone looking for a photographer?

hc

 

I'd ask for a feature of your work perhaps on the HAMB drags. Turn Lemons into.....

 

I'm not a lawyer so take this with a grain of salt but i believe it to be fairly accurate.

If it was an original photo, a magazine cannot use it without your permission as it is copyrighted material;

A copyright originates at the moment a work is created. For a written work, the copyright comes into existence as the words are typed, printed, or saved to a computer disk. For a photograph, the copyright is created at the moment the image is developed. If a photograph is taken with a modern digital camera, the copyright originates at the time the image is saved on a computer disk or on a hard drive. As long as the work exists in tangible form or can be understood or reproduced with the aid of a machine, it is copyrighted. No paperwork has to be filed nor does the work have to contain the copyright mark on it. It is automatically your copyright.

The unauthorized use of a copyrighted work is called infringement. The Copyright Act provides stiff penalties for infringing copyrighted works. Under appropriate circumstances, penalties can include monetary damages, all profits earned by the infringer from the unauthorized use of the copyrighted work and attorney's fees. A court can also order the destruction of all infringing copies. Fair Use permits copying for some purposes, but is a complex issue. Generally, copying is permitted for personal use, research, teaching, criticism, parody, news reporting and editorial use. Generally posting a copyrighted work on the Internet does NOT put it into public domain but does seem to subject it to use in forums etc that are usually too low of resolution for print media use and are not for financial gain.

 

Contact the magazine, give them the issue number, page number, and photo description. Tell them you did not authorize the use of the photo. What you are wanting will depend on where the convo will go from there. Was the photo tagged with your company on it?

 

Yo dude Thats your work. Period. Demand a credit in the next issue. Thats bullshit and they know it. Slim

 

You should be able to share your work on the internet via the HAMB, your website or whereever without the worry of someone stealing it and using it to their own benefit. I would persue this matter to the fullest.

You are one of the mosted talented photographers on the HAMB and your photos ROCK!

 

pic doesnt seem to be loading for me.

 

Yes, you are correct.. only thing is, I lack that "asshole" gene that would make me actualy take legal action on this. I also do not want to burn bridges as I would still like to have an actual spread in Garage someday. If anyone out there can understand my lowbrow approach to photography with expired film and vintage/plastic cameras, they can. I just wanted to bring this to the other photographers attention on the Hamb (there's a ton of us).

I'm really not so much "pissed-off" that it happened as I am dissapointed that my first publication in Garage is a stolen photo... I was printed in The Rodders Journal (with my consent) a while back and it was an awesome feeling as opposed to how I feel about this case.

hc

 

i've done some work with magazines in the motocross industry. this type of thing shouldn't happen.

maybe some junior editor wannabe kid pirated your photo and thought he could get away with it? impressing his boss with his original content he found...

either way, the other guys are right. contact the mag and since you know they already appreciate your work you might get some of your photos featured as a consolation. this could go from pissed off photographer to published photographer with one phone call.

 

Maybe you can get a gift certificate for a new shop wardrobe from Walmart.

 

By the way... in the same collage as my photo, there's also one of Buzzard and Angie. There's also one of Blake and Joyce (actually 2 pic's of Joyce). Even Joyo made the cut. None of these photos has credit. The only one that does have photo credit lists the photographers website. Oh how nice that must be...


hc

 

I just looked at your site. Got some great stuff there but if I were you I would learn to use photoshop real quick so you can tag the photo. Yeah it sucks but with out a tag anyone could grab a photo and submit it to any mag which might have been what happened here. I tag any photo that is put on the net. Has my company name as well as website on it. That way there is no reason they cannot find a contact for me to find out about the photo.

 

That's sum funny shit right there

 

Not saying that you need to sue them but I would discuss it with them and ask to have the "Wrong" "righted". I did list the info to make sure that you and others understand that you own the photo and don't need to have a copyright symbol or your name or anything else on it, by law.
This might actually be a way to open the door with them to get your work featured or have them even use you as a freelancer.

 

Although what you do is a very good way to protect yourself it is not required by copyright law to remain protected. You own the work regardless! At least your way they couldn't claim ignorance (which is no defense anyway)

 

While this is true, it also does not stop someone else from grabbing your work and using it as their own. Better safe than sorry. Tag your photos. Also, the govt is trying to change the copyright law and adopt a "foster works" type of system. So basically if it is not tagged nor easily available to track down the owner. Anyone can use it. I have friends that have had their work show up in other countries because it wasn't marked.

 

I don't care who you are, thats funny.

Bummer your work got stolen, hope all works out well for you