Old 09-12-2007, 03:17 PM   #1
ChrisM
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Default Railfan magazines - policies concerning use of photos?

Long time lurker, first time poster here.

I've had photos used for a number of purposes but have little experience with railfan magazines (Trains, Railfan & Railroad, etc). I'm wondering what are the typical policies among these magazines for obtaining permission, providing credit, and offering compensation for the use of photos? Outside of the railfan niche, I've found all three to be the norm.

I was surprised to find a photo I had posted on RP.net in a current issue of a magazine with the caption directly from RP.net but my name removed. I must assume this was just some oversight, but I'm curious of others' experiences with these publishers. Is your name typically credited with the photo? Is there a fixed compensation (if any), or does it vary by use?

Thanks for your help,

Chris

Last edited by ChrisM; 09-12-2007 at 06:00 PM.
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Old 09-12-2007, 03:31 PM   #2
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The Australian Railway Heritage Society (ARHS) publishes Railway Digest every month. I donate photos are write articles for this magazine because the ARHS thrives off volunteers. In addition, I have allowed them to use my photos in tour brochures free of charge.

I have also donated photos and written articles for Tramway Topic in New Zealand because they are pretty much in the same situation.

I have sold images to rail companies who's primary purpose is a business.
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Old 09-12-2007, 03:31 PM   #3
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Quote:
Originally Posted by ChrisM
I was surprised to find a photo I had posted on RP.net in a current issue of Railfan & Railroad with the caption directly from RP.net but my name removed.

I'm unfamiliar with U.S. magazine practises, but I'd regard that as outrageously infringing your copyright, and I'd guess that RP.net will take a dim view of it as well
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Old 09-12-2007, 03:31 PM   #4
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A photo of yours that you put on RP was put in a magazine without your knowledge/consent? I really hope I'm reading that wrong.
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Old 09-12-2007, 03:36 PM   #5
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You are reading correctly. This is a serious copyright infringement and I would be contacting the editor of this magazine immediately.
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Old 09-12-2007, 03:37 PM   #6
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Quote:
I must assume this was just some oversight, but I'm curious of others' experiences with these publishers. Is your name typically credited with the photo?
I'm confused...have you never seen these magazines before and how the photos are layed out and the photog's name printed on the margin next to or under the photo?
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Old 09-12-2007, 03:39 PM   #7
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Keep in mind too that someone else could have copied your image from RP and submitted it to the magazine as if it was their photo.

Was it a feature photo or in an ad? What photo on RP was it? What issue?
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Old 09-12-2007, 04:01 PM   #8
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I find it very unlikely that anyone could take a photo from a web site and print it in a magazine with any kind of quality unless very small. I also find it very unlikely that anyone would do this, esp. such a well-known publication. Are you postive they are the same photo? Whose name was creditted as photographer? If true, there is a serious copyright infringement. If not true, well, I'd say you have some serious apologizing to do to someone.


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Old 09-12-2007, 04:06 PM   #9
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Sorry if I wasn't clear. The editor had seen my photo on RP.net and asked for permission to use it in the magazine. I agreed, and inquired about their policy concerning credit and compensation. I didn't hear back so I was just surprised to see it run without my name.

As I said, probably just an oversight on their part, but I was wondering what my expectations should even be. Thanks for the replies.
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Old 09-12-2007, 04:08 PM   #10
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Reading your last post, I would just go ahead and contact R&R Magazine and just them know about your concerns. As you said, it was probably just an oversight but it's still worth to check out. It's your own work, I would just want to make sure it stays that way.
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Old 09-12-2007, 04:11 PM   #11
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Quote:
Originally Posted by ChrisM
Sorry if I wasn't clear. The editor had seen my photo on RP.net and asked for permission to use it in the magazine. I agreed, and inquired about their policy concerning credit and compensation. I didn't hear back so I was just surprised to see it run without my name.

As I said, probably just an oversight on their part, but I was wondering what my expectations should even be. Thanks for the replies.
OK - understand now.

Even if there was no payment, I would expect to see you credited as having taken the photo
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Old 09-12-2007, 06:51 PM   #12
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Quote:
Originally Posted by ChrisM
Sorry if I wasn't clear. The editor had seen my photo on RP.net and asked for permission to use it in the magazine. I agreed, and inquired about their policy concerning credit and compensation. I didn't hear back so I was just surprised to see it run without my name.

As I said, probably just an oversight on their part, but I was wondering what my expectations should even be. Thanks for the replies.

Most magazine will require a higher resolution then what is available via RP, though for small photos RP's resolution is sometimes adequate. You should contact the magazine via E-mail (google search) or find the address in the magazine to find out what their policy is. Some magazines do not pay for photos - Railpace for instance issues a free copy of the magazine your photo appears in. Railfan and Railroad pays a rather modest fee though you may not see it for a year, or two, or ever. Trains pays pretty well and very fast. Fees for pics usually increase for stories and covers or "galleries" as opposed to a factoid or news pic. All the above magazines typically give credit for the photo just under it, or by the remarks. Which magazine was it? Curious, plus, I'd like to take a peek at it.

/Mitch
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Old 09-13-2007, 02:21 AM   #13
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On Saturday October 20, 2007, the ARHS will be operating a 160 Series IMU Tour to Pomona. This includes a BBQ Lunch at the Pomona Hotel.

The brochure features my photo of IMU 161 on the second day of testing at Isis Junction.

Thanks Ray!

Image © Michael James
PhotoID: 159815
Photograph © Michael James


Ray Edser, the ARHS Tours Manager, stole my photo RailPictures and I was not happy to say the least. He is rude to the passengers and cares only about himself, so I fired off an email demanding a ticket for this tour. Keep the bastards honest I say!

I don't mind the Engineers at QR Mayne Depot having my photo on their wall though.
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