How Pissed would you be?

Published by: mike 2010-03-16

I was "Let Go" from a job a few month ago and picked up a magazine today and there was an ad for the shop. In that ad was three photos that I took, did not ask if they could use them after I was "let go". Now I like that my photos are in a mag, I think it is kind of cool in fact, but I am alittle pissed that they used them with out asking. I still talk to the owners once a month or so and I still am in the same line of work in the same area and we have similar customers so we send business each others way from time to time and I don't want to mess with that. So I don't think I will say anything but how would you feel?

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I agree that it is annoying - but it's something that you have to learn to live with.
The only real course of action is the legal one but it is expensive, time consuming and, even if you win, you are never any better off.
I've had it happen to me on quite a few occasions and these days I just laugh.
The last time was typical. A Government initiative was run a year or two back promoting something or other. Every school, college and library in the UK was sent postcards to give away. The picture on the postcard was one of mine - lifted from a book cover I had done about 6 years previous. So I 'phoned them up.
'You've used one of my photos without my permission. That's a breach of .'
'Can you prove it is one of yours?'
'Certainly. And there are witnesses - the man who posed for the picture for one.'
'Oh. Well I'm very sorry. We make every effort to find the owner and get their consent but obviously in this case it wasn't possible'.
'You must have got the image from the book cover - there is no other way. I am credited on the cover and the publishers have my contact details. You couldn't have tried very hard.'
'I'm not prepared to continue this conversation. You will have to talk to our legal department'.
The result was a letter saying either sue or go away. In the end I decided it wasn't worth it. If I went to court and won I would be lucky to get my costs back. I still have one of the postcards pinned up on my wall to remind me that the world is full of b*stards who don't give a d*mn about you or your rights.

In some cases (as in, depending on what kind of business you were/are in), an employment contract can also stipulate ownership over creative materials of employees.

For instance, I work in an advertising department of an international retail electronics chain. Any ideas or creative material I come up with can be used as they see fit...whether the idea was generated outside of work hours or not AND whether the idea is even remotely related to our ad campaign or not. Luckily, they are really good about ownership rights and I've even seen people get paid for usage rights.

Personally, I would be upset about not being asked. And I'd voice my opinion about it. But, if they don't take it seriously and you need them for the added income they through your way, you might have to shrug it off as experience.

Or, if its really good, put it in your portfolio as a joint creative piece. Profit doesn't always take the direct path.

Yeah.... tough pill to swallow. I'm mostly sure that any image made under the direction of, or under the employ of somebody else belongs to that person. A bit of time will help ease the sting. Funny it wasn't even mentioned to you though.

One could represent yourself if one was so inclined.

If it was my work, I would probably go to the "full extent" with "any legal means available".

I know, but I've already been to court four times - one of them was in the high court and took 5 years - and all I've ever managed to do was to break even and get an apology.
Going to court is not always as straight forward or as easy as it appears. It takes a lot of time and hard work to prepare your case and then you can loose it on a minor technicality.
Now I just think 'life's too short' and move on.
Besides, you start to wonder how many other breaches of you have missed. At least as many as you spot, probably more. Who knows? The one's I must have missed haven't affected me one way or another so...

(I see it as a bit like owning a fruit stall. You have to expect to have a few apples stolen now and then. You can either stand out front with a baseball bat or get on with serving the paying customers.
That is, of course, just my attitude towards myself. Everyone else will have their own view.)

Now I like that my photos are in a mag, I think it is kind of cool in fact, Yes, if they mentioned your name OR if you at least got paid. If not, I will gently but firmly convey the message that this is not appreciated. Don't let anyone use you no matter how much millions you make with them.