!!!MUSTANG MONTHLY!!!
10-23-2006, 04:31 PM
#11
6th Gear Member
Join Date: Apr 2005
Location: West Los Angeles
Posts: 5,390
RE: !!!MUSTANG MONTHLY!!!
ORIGINAL: mustangman2424
If anyone here has the new issue of Mustang Monthly could you please tell me if you see the mustang in my sig or the one in my avatar in the magazine? Blackie just e-mailed me awhile ago telling me he saw it in the magazine, but he didn't specify which magazine, and I have no clue about this. I talked to a guy at Mustang Monthly a few months ago about putting that picture in the magazine but we lost contact and I haven't heard from him since, and now someone is telling me my mustang' is in a magazine lol. HELP PLEASE!!!!!
***If you saw my mustang in a previous issue please tell me also!!!!
If anyone here has the new issue of Mustang Monthly could you please tell me if you see the mustang in my sig or the one in my avatar in the magazine? Blackie just e-mailed me awhile ago telling me he saw it in the magazine, but he didn't specify which magazine, and I have no clue about this. I talked to a guy at Mustang Monthly a few months ago about putting that picture in the magazine but we lost contact and I haven't heard from him since, and now someone is telling me my mustang' is in a magazine lol. HELP PLEASE!!!!!
***If you saw my mustang in a previous issue please tell me also!!!!
If it was used w/ permission... congratulations!!!
10-23-2006, 05:54 PM
#12
4th Gear Member
Join Date: Aug 2006
Location: Los Angeles, California
Posts: 1,277
RE: !!!MUSTANG MONTHLY!!!
My first thought is "did they get your permission to use that photo?" If they do not have your permission, in writing, then they have violated copyright law. It would really surprise me if they did this since, as a magazine, they should be familiar with how the law works. Maybe you already gave them permission verbally, but they should have a "photographer's release" from you if you took the picture and own the rights to it.
If they printed this without permission, then you need to contact their editorial department and let them know that you own the picture and that you did not (if that is the case) give them permission to use the photo. You are flattered they used it, but you did not give them permission, and you did not sign a "photographer's release" allowing them to use it. You would be glad to do so, but you have to be paid for the use of the photo.
Now, I may sound like I'm being a d!ck over this, but you need to look at it this way HYPOTHETICALLY SPEAKING: Your photo appeared in their magazine. You got credit for it, but you did not give your permission. And, you certainly did not get paid for it. Now, six months from now, when "XYZ Parts Catalog" comes along, and needs a photo of a Mustang for their catalog, and ABC Magazine sells your photo (without your permission, without paying you) for $500 per year of use, who gets the $500? It's not going to be you. Plus, they sell ad space based on their magazine, and how it appears, etc. XYZ Parts Catalog thumbs thru the magazine, really likes the article with the pic of the red Mustang GT in the woods (among other things), and buys ad space that nets ABC Magazine several thousand bucks in ad revenue. Will you see any of that? Nope.
That's why it's very important for them to get permission from you to use your photo -- and pay you for the usage. It all comes down to copyright. Now, if you submitted the photo and gave them permission already, that's different.
If they printed this without permission, then you need to contact their editorial department and let them know that you own the picture and that you did not (if that is the case) give them permission to use the photo. You are flattered they used it, but you did not give them permission, and you did not sign a "photographer's release" allowing them to use it. You would be glad to do so, but you have to be paid for the use of the photo.
Now, I may sound like I'm being a d!ck over this, but you need to look at it this way HYPOTHETICALLY SPEAKING: Your photo appeared in their magazine. You got credit for it, but you did not give your permission. And, you certainly did not get paid for it. Now, six months from now, when "XYZ Parts Catalog" comes along, and needs a photo of a Mustang for their catalog, and ABC Magazine sells your photo (without your permission, without paying you) for $500 per year of use, who gets the $500? It's not going to be you. Plus, they sell ad space based on their magazine, and how it appears, etc. XYZ Parts Catalog thumbs thru the magazine, really likes the article with the pic of the red Mustang GT in the woods (among other things), and buys ad space that nets ABC Magazine several thousand bucks in ad revenue. Will you see any of that? Nope.
That's why it's very important for them to get permission from you to use your photo -- and pay you for the usage. It all comes down to copyright. Now, if you submitted the photo and gave them permission already, that's different.
10-23-2006, 07:58 PM
#14
I ♥ Acer
Thread Starter
Join Date: Jan 2006
Location: Orange County, California
Posts: 746
RE: !!!MUSTANG MONTHLY!!!
I still haven't seen the picture and the one you posted here isn't working for me, it may just be because I am at school right now. I am going insane right now. I will get back to you guys soon. 
10-23-2006, 08:05 PM
#15
5th Gear Member
Join Date: Sep 2006
Location: Orange County, CA
Posts: 2,173
RE: !!!MUSTANG MONTHLY!!!
ORIGINAL: mustangman2424
I still haven't seen the picture and the one you posted here isn't working for me, it may just be because I am at school right now. I am going insane right now. I will get back to you guys soon.
I still haven't seen the picture and the one you posted here isn't working for me, it may just be because I am at school right now. I am going insane right now. I will get back to you guys soon.
http://img258.imageshack.us/img258/5649/picturegx1.jpg
10-23-2006, 08:13 PM
#16
I ♥ Acer
Thread Starter
Join Date: Jan 2006
Location: Orange County, California
Posts: 746
RE: !!!MUSTANG MONTHLY!!!
ORIGINAL: kenthicken
My first thought is "did they get your permission to use that photo?" If they do not have your permission, in writing, then they have violated copyright law. It would really surprise me if they did this since, as a magazine, they should be familiar with how the law works. Maybe you already gave them permission verbally, but they should have a "photographer's release" from you if you took the picture and own the rights to it.
If they printed this without permission, then you need to contact their editorial department and let them know that you own the picture and that you did not (if that is the case) give them permission to use the photo. You are flattered they used it, but you did not give them permission, and you did not sign a "photographer's release" allowing them to use it. You would be glad to do so, but you have to be paid for the use of the photo.
Now, I may sound like I'm being a d!ck over this, but you need to look at it this way HYPOTHETICALLY SPEAKING: Your photo appeared in their magazine. You got credit for it, but you did not give your permission. And, you certainly did not get paid for it. Now, six months from now, when "XYZ Parts Catalog" comes along, and needs a photo of a Mustang for their catalog, and ABC Magazine sells your photo (without your permission, without paying you) for $500 per year of use, who gets the $500? It's not going to be you. Plus, they sell ad space based on their magazine, and how it appears, etc. XYZ Parts Catalog thumbs thru the magazine, really likes the article with the pic of the red Mustang GT in the woods (among other things), and buys ad space that nets ABC Magazine several thousand bucks in ad revenue. Will you see any of that? Nope.
That's why it's very important for them to get permission from you to use your photo -- and pay you for the usage. It all comes down to copyright. Now, if you submitted the photo and gave them permission already, that's different.
My first thought is "did they get your permission to use that photo?" If they do not have your permission, in writing, then they have violated copyright law. It would really surprise me if they did this since, as a magazine, they should be familiar with how the law works. Maybe you already gave them permission verbally, but they should have a "photographer's release" from you if you took the picture and own the rights to it.
If they printed this without permission, then you need to contact their editorial department and let them know that you own the picture and that you did not (if that is the case) give them permission to use the photo. You are flattered they used it, but you did not give them permission, and you did not sign a "photographer's release" allowing them to use it. You would be glad to do so, but you have to be paid for the use of the photo.
Now, I may sound like I'm being a d!ck over this, but you need to look at it this way HYPOTHETICALLY SPEAKING: Your photo appeared in their magazine. You got credit for it, but you did not give your permission. And, you certainly did not get paid for it. Now, six months from now, when "XYZ Parts Catalog" comes along, and needs a photo of a Mustang for their catalog, and ABC Magazine sells your photo (without your permission, without paying you) for $500 per year of use, who gets the $500? It's not going to be you. Plus, they sell ad space based on their magazine, and how it appears, etc. XYZ Parts Catalog thumbs thru the magazine, really likes the article with the pic of the red Mustang GT in the woods (among other things), and buys ad space that nets ABC Magazine several thousand bucks in ad revenue. Will you see any of that? Nope.
That's why it's very important for them to get permission from you to use your photo -- and pay you for the usage. It all comes down to copyright. Now, if you submitted the photo and gave them permission already, that's different.
10-23-2006, 08:13 PM
#17
5th Gear Member
Join Date: May 2005
Location: S.burbs Chicago
Posts: 4,793
RE: !!!MUSTANG MONTHLY!!!
ORIGINAL: mustangman2424
I still haven't seen the picture and the one you posted here isn't working for me, it may just be because I am at school right now. I am going insane right now. I will get back to you guys soon.
I still haven't seen the picture and the one you posted here isn't working for me, it may just be because I am at school right now. I am going insane right now. I will get back to you guys soon.
10-23-2006, 08:30 PM
#18
4th Gear Member
Join Date: Aug 2006
Location: Los Angeles, California
Posts: 1,277
RE: !!!MUSTANG MONTHLY!!!
Mustangman,
Sorry about your firewall at work! But, trust us... it is your pic.
As for what to do about it, if you really want to go this route, do what I mentioned and call their editorial department. They will undoubtedly tell you that you submitted the picture knowing that they would print it, or that once you submitted the picture, it became their property, etc. Call "bullsh!t" on them - you own that picture of your car. I assume when you submitted it, there was nothing that said "by submitting your picture, you give permission to reprint the picture..." or something like that. If there were something like that, then they are in the clear. True, you did want them to print your pic, correct? But the key is, the TERMS OF USE of your pic were not defined, and you did not expressly give them permission, correct?
They will say that they credited you, which is true, but regardless of what they say, it is still your picture. It is an asset of yours. You did not give them express permission to use it. They are in violation of copyright law. Period. End of story.
If the editoral department is of no help, then ask to speak with their legal department.
This all depends on how far you want to take this. May be more trouble than its worth, but it's up to you.
Sorry about your firewall at work! But, trust us... it is your pic.
As for what to do about it, if you really want to go this route, do what I mentioned and call their editorial department. They will undoubtedly tell you that you submitted the picture knowing that they would print it, or that once you submitted the picture, it became their property, etc. Call "bullsh!t" on them - you own that picture of your car. I assume when you submitted it, there was nothing that said "by submitting your picture, you give permission to reprint the picture..." or something like that. If there were something like that, then they are in the clear. True, you did want them to print your pic, correct? But the key is, the TERMS OF USE of your pic were not defined, and you did not expressly give them permission, correct?
They will say that they credited you, which is true, but regardless of what they say, it is still your picture. It is an asset of yours. You did not give them express permission to use it. They are in violation of copyright law. Period. End of story.
If the editoral department is of no help, then ask to speak with their legal department.
This all depends on how far you want to take this. May be more trouble than its worth, but it's up to you.
