Newspaper has stolen my photo - what to do?

[D.P.]

^^^ I was going to say something similar but I don't think it applies to schools but I could be wrong.

Certainly if you are employed by a company then pretty much everything you do of value could belong to the employer. I have this issue because I work in software development and computational research. if I get a good idea for a start-up then I will have difficulty in defending that my employer had no influence over my idea. A friend developed an idea for a new electronics board in his own time while doing a phd, he now has to pay 50% of allrofits to. The university evn. Although the university had nothing to do with his idea.

 

[this_is_gav]

The other twist though is being a pupil at a school, taking a photo of a school team, does the copyright not possibly belong to the school?

In that case, school photography firms would have little right over what schools did if they get their mitts on the photos.

I work in a school and I'm unofficial photographer and to my knowledge all photos are copyrighted to me - in all my years working in a school I've seen nothing to suggest otherwise.

Of course, being a school you need clearance from the school to take photos and naturally there are more limitations on what you can do, but to my knowledge the photographers rights remain the same.

 

[Guitarman0]

I checked before I started taking photos and I do retain all copyright.

I have decided that I will let this one slide as I am sure it was just a misunderstanding and that my teacher meant well by giving my photo to the paper. I will ask him if next time he could ask me before using it for any non school publications and I think I might even email the paper thanking them for using my photo and giving them contact details incase they want any other photos of my school.

I probably over-reacted a bit yesterday but I just wasn't expecting to see my photo in the paper without permission.

 

[Nexus]

In that case, school photography firms would have little right over what schools did if they get their mitts on the photos.

That's not the same.

School Photography Companies are nothing to do with the school, they've just been contracted by the school to take pictures, in exactly the same way that a freelance Photographer would retain the copyright for whatever job he was hired and paid for, unless part of the contract is to also give over the rights.

As a school pupil, during school hours, you are under their care and jurisdiction and governed by what they say you can and can't do. It's similar to working for a company, aside from the getting paid part.

To give a relevant example, a Photographer who is an employee of a Photography Company will not be the owner of the copyright to the images, it belongs to that of the company, unless they have otherwise arrangements.

I work in a school and I'm unofficial photographer and to my knowledge all photos are copyrighted to me - in all my years working in a school I've seen nothing to suggest otherwise.

Of course, being a school you need clearance from the school to take photos and naturally there are more limitations on what you can do, but to my knowledge the photographers rights remain the same.

You've never run into the situation that the OP has basically...

You are an employee of the school, so anything you do on school time for the school can be seen to belong to them. In much the sameway that say you created a new style of teaching, even though you invented it, you did it at the school, so it becomes their 'property'.

Of course I don't know the ins and outs of the law, it's only when somebody comes to be making money out of it, or thinks they are owed money that it becomes an issue.

 

[Mr. Peri Peri]

Just wondering, why are you that bothered?

You said you have never sold a photo so you don't do it for a living, I'm assuming it's just a hobby and you do it for fun?

Was your intention to try and sell these photos or did you just happen to see it had been used in the paper? What would the photos have been used for otherwise?

 

[Guitarman0]

Just wondering, why are you that bothered?

You said you have never sold a photo so you don't do it for a living, I'm assuming it's just a hobby and you do it for fun?

Was your intention to try and sell these photos or did you just happen to see it had been used in the paper? What would the photos have been used for otherwise?

The bit that bothered me was the fact that it had been used without any attempt to contact me. I realise that a few of my sport photos may have some (small) commercial value but I decided to let the school use them for free as I am trying to build a portfolio. However, the school were the only people I was willing to give the photos to for free.

I did overreact a bit and I suppose end of the day I should be happy that the paper though my photos was of good enough quality for them to include

 

[AHarvey]

All those saying the paper did nothing wrong as they were given the image from a teacher are incorrect.

The photographer will need to invoice the paper for the use of the image, and then the paper will have to claim that back from the person who provided them the image.