Publishign of your photos and royalties

[Paddy Keating]

As an afterthought, with regard to your extract from Halsbury, a publisher could not claim copyright on the grounds that they owned the film until such time as they have paid for the film.

Most publishers reimburse expenses when they settle the invoice for fees. This can take a long time, with the result that the photographs have been published before payment and reimbursement. Technically, this often puts the publisher in breach of copyright because they do not have the right to publish work that has not been paid for as most invoices stipulate that payment must be prompt or at least within 30 days of receipt.

It rarely comes to that in publishing but I recently obtained a worldwide injunction against distribution of a magazine because they had not paid me for work published in the issue in question and had not reimbursed me my expenses. It was a clearcut Intellectual Property-related case. I was quickly paid. It was a French firm and they are as bad as the British, Italians and West Africans when it comes to paying invoices. I no longer work for British publishers because they are so dishonest. Germans, Americans and Japanese are the best clients.

Your quote from Halsbury is interesting but I doubt if any British publishing house could successfully argue such a case, even in the capricious environment of the British court system. An author/artist with a good lawyer would massacre them. In any case, all that any smart author/artist dealing with British publishers would have to do is have their lawyer apply for an injunction and then have someone call up the distributors who handle the publication with which they are fighting. The distributors will instantly stop handling it if there is a risk of an injunction and the publishers will have a cheque biked over to the plaintiff before the ink dries.

It all depends, you see, on how you use the Law.

PK

[Melnyk]

Hello PK

sorry to hear about your bad experiences with the British. There is no doubt that the British and US cultures are very different beasts. For example the US has a 'court culture' where many people sue each other for often quite extraoridinary things, whereas the Brits seldom resort to court unless it is a last resort. Probably because here in England the costs are so high.

In my experience, photos are normally only registered for copyright IF they are taken by people employed by newspapers and other types of media who take pictures professionally. I have provided photos of my subject - the 14 Galician Division to my publisher and the BBC, independant television channels, and many of the national Broadsheets / tabloids and some local newspapers too. None have ever been difficult about paying the royalties due. Maybe I have just been lucky.

best wishes

Mike

[Paddy Keating]

Ah! Don't get me wrong, mate! Born in Dublin, grew up in London from 8 yrs, Parachute Regiment, trouble with the Old Bill, hassle, loads of laughs along the way. I'm no Yank! Mind you. I love the Americans. I've just had enough of the British media. There again, I've never been into cocaine and other recreational drugs so I was always handicapped when it came to getting ahead in British magazines and newspapers. One either has to sniff or suck down the Groucho Club. Not my style. There again, I was published in most of the top titles...until I got bored with it.



PK

[kobold]

None have ever been difficult about paying the royalties due. Maybe I have just been lucky.

just curious but how much is the "going rate" for the use of a photo in a book/newspaper/magazine etc?


dave

I often wondered about photos etc looted from germans by the allies.
Who really owns the rights to those?
There must be many many items being used today with dubious ownership.
(I doubt the original owner could ever be proven of course!)

[Christian Ankerstjerne]

That would depend on several factors. Most important is:
- How unique is the motive/photo
- How many copies of the book/magazine will be printed

Personally, if someone needs a photo or two of mine for a magazine or book, I won't charge anything for it, expect a free sample (and photo credit)...

Christian

[Melnyk]

Hello


As an example, I recieved £60.00 from the Daily Mail for the use of one picture (I hate this paper but they used my picture withoit asking and when I informed them this is what I recived). Likewise the Sunday Times a far more reputable broadsheet paid £60.00 (or £65.00 - I would have to check the invoice) per picture they used. From memory other papers have opaid the same amount.

best wishes


Mike Melnyk