InTouch Magazine stole my photo of Will Smith and printed it internationally without permission, credit, or payment.
Will was very gracious and went around taking photos with all the people present at a fitness competition. InTouch used the photo out of context to create tabloid fodder. Not only did they rip me off by thousands of dollars, they used my photo to make it appear that Will Smith was cheating on his wife. I'm furious and will not let this go away.
I'm hoping that the photographer community could help spread this message so that InTouch can't afford to ignore it. I won't back down and will be exploring legal options if this doesn't get their attention.
I'm trying to make this tweet go viral: https://twitter.com/metromanto/status/643161565441691648
I'd be happy to talk to FStoppers for an article exploring the growing problem of publications taking photos from Instagram and printing them for profit without permission or payment.
Thanks in advance for any help you guys can provide, even if it's just forwarding this over to photographers in your networks.
Pedro
Yikes.. have you reached out to them yet (phone call, email)?
I've started a social media campaign first because I know that this will upset people and that will strengthen my case. I reached out to them via direct message on Twitter as a part of this social media phase and not surprisingly have not received a response.
Tomorrow I'm planning to call their offices to speak to the photography editor.
I think I'd reach out to them via a phone call or email and clearly explain yourself before stirring up a big fuss. Had you started this by saying 'I've reached out to them via email and phone calls and they gave me the cold shoulder...." then I'd say go right ahead and go public. Sounds like you still have a few steps to make. Good luck. Keep us posted.
P.S. Your first step is going to be invoicing them with an optional letter attached... a few times. If they fail to pay after you play the waiting game, you may pay for an attorney to draft a letter for you. Sometimes the letterhead from an office is enough to let them know you mean business. If nothing yet, be prepared to register your image (which takes quite some time) and begin the legal process, which I can't image an attorney picking up pro bono.. all important things to consider if you decide to take legal action. Certainly wouldn't hurt to register the image now.
Worse than the money they neglected to pay me for use of my photo, I feel that my reputation may have been hurt because Will Smith's representatives granted me exclusive photography rights to shoot him at the event. Seeing my photo published in a gossip magazine used to throw dirt must've hurt my stance for future access to their clients. I won't know for sure until I start noticing a harder time getting photography rights.
I have a few numbers in mind tied to different levels of escalation. It will be the highest if I have to litigate this.
What I don't know is how much tabloids pay for exclusives like this one. The fact that they didn't pay up front has me wanting to ask for significantly more. They can't just not pay hoping the photographer doesn't notice and then just pay the ones who do.
I'd like them to pull the image as well as issue an apology.
A much smarter strategy is to go straight to a real IP lawyer, perhaps even one recommended or in partnership with Mr. Smith. A "social media campaign" or handling things personally will not cause any real action or sympathy from a celebrity. The real threat here is damage to your reputation and exclusive access if it appears you don't want to do something decisive.
I would go straight to Mr. Smith's PR agent and offer to anything they want to solve the problem.
Also Maybe get Will and his team to mention how big a problem this for us and them even though they're use to the tabloids attacking kinda get a small campaign going about it ......only the "A listers" will get anything done about it fast ....Good luck!!
I would you suggest you contact an attorney skilled in these matters and at least get an expert opinion on how to proceed. I abhor stealing, whether it is my car or my images but today's moral climate is pretty pathetic. Stealing seems to be okay with a lot of companies and people. Not good.