Your photos are already on the web, so it's free, right?

[vanillatte]

An intern from a web magazine (i.e. person working for free) asked me if she could use a photo I shot at an event. The article is about a person, and the photo I shot is that person.

The photos I shot were completely non-commissioned (e.g. it was an unplanned shoot and I did it for my personal work).

The photos I shot were uploaded to my site in web-quality, which would lead to people believe it is saveable and useable anywhere else on the web.

The intern wants to use one photo from my web portfolio, and add it to her article. She reasons, "We cannot provide a budget for the photo as it will only be published online, but we will give you credit for the photo on the article."

Part of me feels: Where's the motivation for me to ever show my work online?

Another part of me feels: Well, since it's already online, it's free for anyone to use, right?

I'm really conflicted and I would appreciate any advice.

How would you handle this?

[Brian Mullins]

Originally Posted by vanillatte

Another part of me feels: Well, since it's already online, it's free for anyone to use, right?

That part of you is wrong. Photos are copyrighted material and usage without the copyright holders explicit consent is prohibited by law. Photo credit is cool but you can't eat, drink it or use it to put gas in your car or pay bills. I've done things for credit before because it was mutually advantageous but only you can answer that question if you are worth it.

As for motivation about putting them online - you got a perspective customer who contacted you. Even though they don't have money, you are heading in the right direction.

[vanillatte]

Originally Posted by Brian Mullins

That part of you is wrong. Photos are copyrighted material and usage without the copyright holders explicit consent is prohibited by law. Photo credit is cool but you can't eat, drink it or use it to put gas in your car or pay bills. I've done things for credit before because it was mutually advantageous but only you can answer that question if you are worth it.

As for motivation about putting them online - you got a perspective customer who contacted you. Even though they don't have money, you are heading in the right direction.

Thank you. Here's how I reasoned:

The intern is writing for a web magazine which gets advertising dollars.

The owner of the web magazine will continue to use these "interns" and "free photographers" to generate site traffic and pocket the advertising revenue for themselves and call it "giving young people some experience."

Experience in getting exploited?

[kingpatzer]

Originally Posted by vanillatte

Thank you. Here's how I reasoned:

The intern is writing for a web magazine which gets advertising dollars.

The owner of the web magazine will continue to use these "interns" and "free photographers" to generate site traffic and pocket the advertising revenue for themselves and call it "giving young people some experience."

Experience in getting exploited?

This can depend a great deal on the web magazine. Quite a few are money losers from day one. if this is a web mag you've heard of, and who is sporting ads for nationally known non-web related goods and services, then they have money and you're being exploited. If they have only web-service ads from companies and individuals you've barely heard of, they may be barely surviving to losing money.

It may be that demanding photo credit, with a link to your site, is the best you can get for them. Which will be some minimal marketing for you and will generate more value and exposure from that photo than it already generates. It may be that they have the money to pay, but won't. In which case they'll find another photographer who has a pic of the guy and use that. Or it might be that they'll pony up and pay a licensing fee.

My guess is that the last option won't happen.

So is it being exploited to generate exposure, improve your SEO position marginally, and work with an intern who will move on to other publishing areas and might remember you the next time they have a job which does come with money? That's up to you to decide. I would venture to say most starting photographers would not think so. You're not being asked to set up a shoot and do work. That would be a whole different discussion.

[Jim Bryant]

First, I'd find out if there's a print version of the web magazine with advertising inside and see if there are ads display on the website. If so, then they can afford to use you photo. Many good points made here.

If they promise future work, take it with a grain of salt, as they are also using free of charge photography supplied by other shooters as well.

[OsmosisStudios]

Originally Posted by vanillatte

Another part of me feels: Well, since it's already online, it's free for anyone to use, right?

...
PFFFFT BWAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA

That is all.

[andyw]

Originally Posted by vanillatte

Part of me feels: Where's the motivation for me to ever show my work online?

The reason or motivation is that that tends to be the first place people look for anything these days and the web is your "showcase to the world".

Originally Posted by vanillatte

Another part of me feels: Well, since it's already online, it's free for anyone to use, right?

You really need to have that part of you surgically removed as soon as is humanly possible.


If this web magazine is making an income from the advertising then they should be paying for the usage of anything which helps them get that revenue.

[lonni]

Originally Posted by vanillatte

Another part of me feels: Well, since it's already online, it's free for anyone to use, right?

Really? Great! Cause i did not want to pay for that great new single i heard.

Right clicking and saving is piracy, and it is funding terrorists you know.

[Jim Bryant]

Digital theft legislation introduced by the Copyright Alliance. http://www.copyrightalliance.org/

Digital Theft Legislation Introduced!

[bhursey]

Originally Posted by lonni

Right clicking and saving is piracy, and it is funding terrorists you know.

This needs to be some ones signature.. I have found out that some of my clients see no problem in print screen then facebook.... And the problem is im there friend of facebook so I see my picture popup on there profile.. They don't see any problem with it. In some of the cases I have decided that it is better to have them as a repeat customer then put up a fuss.