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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.
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Contact a lawyer.
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Gear: Pentax K10D + lenses, not as many as I want though. Software: GIMP, XnView. My flickr stream A wiki on GIMP (and other Open Source Software) |
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I would say you have some ground to stand on here. If they're making money off of your photograph, then you should be compensated...
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wHy sO sErIoUs? Last edited by CheaperKings; 08-24-2010 at 01:14 PM. |
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you should get some legal advice for sure, and i agree look at the fine print on the contest you entered, it is binding, don't let them keep brushing you off, even though i may be compensated i still would be put out that i was not given credit for the picture. do contact a lawyer, buy a copy of the book for proof that they did not acknowledge you as the photographer to show the attorney. Congratulations on the winning of the contest.
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It's unrealistic to expect them to retrieve all the books out there just because they put the wrong name for the cover credits. The most you can expect to win from a case like this is some type of monetary gain (probably minimal) and a correction notice in the next issue. If this publication is some kind of internal lab manual used at the university I wouldn't expect to get much of anything except a correction in the next issue. If you hire a lawyer to fight this for you it will likely cost you more in time and money they you would win from it. I would try and get them to print a correction in the next issue instead. You can probably get them to do this with out much fuss. If they do a reprint it should be corrected there but as you said it's probably unlikely they need a reprint.
I know it sucks but it sounds like it's a limited print used internally at the university. There is probably not much to be won there. I think the best you can hope for is a correction in the next issue and possibly on their website for the lab manual if they have one.
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My Gear Photostream Murtasma.com Michigan Photographers - DPS Social Group Mur-Tas-Ma |
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Another option might be to see if they would put some sort of notice of correction on their company website. Not as god as having your name in the actual book perhaps, but it is the least they could do.
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Big Jim flickr candleman said "i could be wrong. i have made a mistake this year so its entirely possible." Digital: Pentax K-X; Kodak Easyshare Z812 IS / Film: Pentax ME |
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