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Heads Up On Photo Useage  
User currently onlineDiamondFlyer From United States of America, joined Oct 2008, 1506 posts, RR: 3
Posted (5 years 3 months 1 week 2 days 9 hours ago) and read 4604 times:

With the recent crash of the Cessna 421 in the miami area, CNN blatently used an airliners.net photo, and even removed the copyright bar from it.

The picture is the following

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Click here for bigger photo!

Photo © Daniel Umaña



I've alerted the photographer, but I thought I'd post it here.

-DiamondFlyer

12 replies: All unread, jump to last
 
User currently offlineKoryo From Vatican City, joined Feb 2009, 285 posts, RR: 0
Reply 1, posted (5 years 2 months 3 weeks 6 days 19 hours ago) and read 4365 times:

I absolutely hate when CNN does things like this but I think they will claim "fair use" and get away with it.


This forum is as good as you make it. Never post a message in anger. Take the high road and others will follow.
User currently offlineWILCO737 From Greenland, joined Jun 2004, 8968 posts, RR: 76
Reply 2, posted (5 years 2 months 3 weeks 6 days 19 hours ago) and read 4359 times:
AIRLINERS.NET CREW
HEAD MODERATOR



Quoting DiamondFlyer (Thread starter):

I hate this as well when this happens. They should know better not to use photos from without having permission. I am sure CNN wouldn't be amused if anybody takes material from them and publishes it.

wilco737



It it's not Boeing, I am not going.
User currently offlineINNflight From Austria, joined Apr 2004, 3765 posts, RR: 60
Reply 3, posted (5 years 2 months 3 weeks 6 days 16 hours ago) and read 4332 times:

Send them an invoice with a screenshot and chances are good they'll pay for it. Usually they just don't care about asking before because they need it asap.

Not saying it's right to do that, but they won't change it.



Jet Visuals
User currently offlineKukkudrill From Malta, joined Dec 2004, 1123 posts, RR: 5
Reply 4, posted (5 years 2 months 3 weeks 6 days 13 hours ago) and read 4294 times:

Any lawyers here? Would this sort of use really constitute fair use in terms of the law?


Make the most of the available light ... a lesson of photography that applies to life
User currently offlineMoose135 From United States of America, joined Oct 2004, 2295 posts, RR: 10
Reply 5, posted (5 years 2 months 3 weeks 6 days 7 hours ago) and read 4259 times:

I've had this sort of thing happen to friends in the past - usually the news agency will contact them (or they contacted the agency first) and worked out a price for use. While it would be nice to be asked first, when it's a breaking news story, they may not have the time to contact you and wait for you to respond. If they haven't already contacted you about it, I would contact them with a reasonable fee for usage.


KC-135 - Passing gas and taking names!
User currently offlineCompdude From United States of America, joined Sep 2007, 12 posts, RR: 0
Reply 6, posted (5 years 2 months 3 weeks 5 days 5 hours ago) and read 4171 times:

Legal or not it would be a waste to go against CNN for something like this, you will end up paying 100 times more in legal fees than what the photo is worth and most likely still lose the case.

Send them an invoice and if they pay cool, if they don't then live with it.


User currently offlineIamlucky13 From United States of America, joined Aug 2007, 239 posts, RR: 0
Reply 7, posted (5 years 2 months 3 weeks 5 days 3 hours ago) and read 4147 times:



Quoting Kukkudrill (Reply 4):
Any lawyers here? Would this sort of use really constitute fair use in terms of the law?

IANAL, but not as far as I know. US copyright law in regards to Fair Use isn't very specific, and judgements often seem close to arbitrary, but it does lay down four criteria for assessment:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

I could hardly imagine, if tested, any judge ruling a direct copy of a photograph for commercial use as fair use if contested, but it's not worth either side getting heavily invested in it.

However, since Mr. Umana doesn't seem to chimed in yet, aren't we jumping to conclusions in assuming that he didn't authorize it?


User currently offlineNIKV69 From , joined Dec 1969, posts, RR:
Reply 8, posted (5 years 2 months 3 weeks 5 days ago) and read 4125 times:



Quoting Compdude (Reply 6):
Legal or not it would be a waste to go against CNN for something like this, you will end up paying 100 times more in legal fees than what the photo is worth and most likely still lose the case.

When it comes to the news outlets they will claim fair use. Your right tho the legal expense needed will outweigh the going rate for usage of the photo. They know that. If you get paid, great if not your recourse is limited.


User currently offlineAceairways From Costa Rica, joined Jun 2005, 8 posts, RR: 0
Reply 9, posted (5 years 2 months 2 weeks 1 day 10 hours ago) and read 3910 times:

I'm the author of the photo.

CNN contacted me but they didn't wait for a reply. I saw the e-mail a couple of hours after the photo was used.

I had to contact the CNN legal department, and they said they would pay $300 for the use. That is they final offer.

Honestly it is not about the money, this has happened to me before, and it is really annoying. It is so difficult to at lest give the photographer the credits?

Regards,
Daniel


User currently onlineDiamondFlyer From United States of America, joined Oct 2008, 1506 posts, RR: 3
Reply 10, posted (5 years 2 months 2 weeks 1 day 9 hours ago) and read 3905 times:

Good to know they did at least contact you. It would be nice if they did give the photographers some credit when they use our stuff.


-DiamondFlyer


User currently offlineNIKV69 From , joined Dec 1969, posts, RR:
Reply 11, posted (5 years 2 months 2 weeks 1 day 1 hour ago) and read 3843 times:



Quoting Aceairways (Reply 9):
Honestly it is not about the money, this has happened to me before, and it is really annoying. It is so difficult to at lest give the photographer the credits?

That is the last thing on their minds. It's about getting it first and getting the viewers. I bet they don't even pay attention to who took it as they are right clicking to save target as.


User currently offlinePtrjong From Netherlands, joined Mar 2005, 3905 posts, RR: 19
Reply 12, posted (5 years 2 months 1 week 6 days 14 hours ago) and read 3738 times:

News media like CNN are not going to display your name and that's fine, as long as they pay. It's also sort of understandable that they cannot wait for prior permission to publish your photo in many cases. They need that photo now, or not at all.

What they should do is contact you and pay a reasonable amount. What is reasonable is debatable, or course, but I don''t think $300 is that bad.

Obviously this type of usage is not fair use, or CNN would not have paid. You don't suddenly lose your rights just because a photo is deened newsworthy.

Our fellow photographer Daniel Fall informed me lastweek that a major Swedish newspaper had used one of my photos both in print and on its website. They did not contact me. I e-mailed them, demanding 500 euros. They replied immediately, saying not contacting me was a mistake by an overworked nightshift and offering 400 euros, which they said is twice their going rate. This I accepted.

So, it's not useless to go after your money in cases like this.

Peter Smile



The only difference between me and a madman is that I am not mad (Salvador Dali)
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