Pusblished in Country Living Magazine - bitter sweet (need some advice)

sorrentinog4
1.Apr.2009 10.38am
sorrentinog4's picture

In class the other day I was told by a fellow student that she saw a photo I took of Rudi in a magazine at the doctors office. Optimistic yet skeptical I asked to see the magazine. How many photos of puppy's in the grass are there on the internet? A whole lot. So what are the chances of my photo being published? This was my mindset.

As I was walking out of the class she came back with magazine in hand. We flip to page 72 and there he is (photo below)! My photo got published! This is exciting and all, but here are a few things that make this deal not as sweet as it could be.

1. I searched for my name to be credited and it wasn't there.

The istockphoto licensing agreement states "you may not use the Content for editorial purposes without including the following credit adjacent to the Content: “©iStockphoto.com/Artist’s Member Name]"

I emailed them to ask about this and their response was that this article was considered a promotional piece, not an editorial piece. Are you serious? They're excluding an article as an editorial work. What sense does this make???

2. I placed this photo on istockphoto.com and while stock photography is great, you never know where or when or in what capacity your work will be used.

3. Selling on stock photo sites pays pennies.

So I do have a question for anyone that stumbles upon this blog. What should this publication be considered as? Editorial? Promotional? What should Country Living Magazine's responsibility be to this situation?

www.glennsorrentino.com
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I imagine you should start by contacting iStockPhoto and getting their take on things.


istockphoto should go to bat for you on this, since they are profiting from your work, and they are acting as your representative. Somehow, I doubt they'll be any help, however. Their pricing model does not lend itself to pursuing action in situations that have generated only a few dollars for the company.

And the publication claiming that the article was promotional is complete BS. Another corporate entity refusing to take responsibility for its actions. They've made a profit off of your artwork, and they can't even give proper credit.

It's a shame, as it's a nice photo. Keep up the good work. Maybe at some point you can hire a rep who will protect you in circumstances like this.