not given credit for a published photo.

[DPphotographer]

I recently won a photo contest and the photo that I entered was used on the cover of a biology lab manual at a major university. I went to the bookstore today and saw my photo on the cover of the book, but I wasn't given credit for the photo. There was some sort of mistake and someone else was given credit for the photo. The publishing company is Pearson Publishing and I emailed the acquisitions editor who basically said "sorry, we will correct the mistakes if there is a second printing." The problem is that there probably will not be a second printing because this book is generally only used for one semester. At first I shrugged it off, but the more I think about it, the more insulted I feel. Does anyone know what options I have at this point? If someone was just using the photo for personal reasons, I really wouldn't have a problem with not being credited. I wouldn't mind someone having my photo to enjoy. This, however, is a major corporate publishing company who is profiting from selling the book and didn't give credit where it is due. If anyone has any advice I would appreciate it.

[kuvahmagh]

The first thing I would do is look at the terms of the contest you entered, the way some of them are you may not even be entitled to credit in the first place. This is why it is important to read the fine print before you enter since more and more are doing rights grabs.

[DPphotographer]

Well after I won the photo contest, I signed a release for the publishing company to use my photo. In the release they asked my to write my name how I wanted it to appear in the book so they could give me credit.

[kuvahmagh]

Well from there I don't know, I'm not a lawyer and I've never been in that situation before. Just thought I'd mention the contest rules thing since like I say it is happening more and more.

[BK553]

Ask them if they can print you one for you yourself to keep. If it's only used for one semester, and your not expecting any kind of revenue, what's the damage?

[Camdixon]

Plenty of damage actually. They generate lots of money off of those books even if only for one semester. Believe me, I pay it when buying them. The cheapest book I had to buy was $25, with crappy printed paper, and a plastic binding with a black and white photo. 60 other students had to as well. They are making money off of you man. That's a bunch of crap saying we'll pay you for a second edition. A big load of it, they already printed this edition, and marketed it, and sold it for a profit using your work!

Why wait for a second edition when they already printed it for a first edition? Idk, just my opinion but I would at least counsel a lawyer.

[BK553]

I don't think this is an issue of him not being paid what he should, I assume that all of the other terms of the agreement were met except for the photo credit. The cost of the book/manual is completely irrelevant.

[i speak in math]

The way I see it, they broke the contract by not giving you credit (assuming the release you signed specified credit for use, though it may just have been a release). By breaking the contract, you are no longer bound to give them the photo for free. You can seek damages if you would like by contacting a lawyer. I would also advise you to register the photo with the copyright office so that you can seek bigger damages (again, assuming that by not giving you credit, the release you signed is now null and void). Nothing we can do for you here.

[BK553]

May be a good time to point you here:
Photo Credits Aren't worth...
(No affiliation, but a good point is made) Don't ever give the rights to your photo away for just credit, cause it doesn't mean jack.

[DPphotographer]

Well, there was never an agreement to be paid for the photo, which I was completely fine with. I just wanted credit for the photo. I'll have to double check the release to see if it specifically mentions giving me credit for the photo.