Magazine Articles

[Natalie]

I was approached on Etsy by someone who wanted to use one of my photos in a magazine article. The message was phrased "I am requesting a high resolution photo of your necklace" and I was hesitant because it wasn't really a question, it seemed kind of odd to phrase it that way, but I asked for a byline, she said they "don't do bylines, but would put up a link to my website for their readers" which is fine, but who doesn't do bylines?

Anyways - I was wondering if there were any concerns I should know about, or any legal issues I should take into consideration.

[Sol]

sounds fishy... but who knows.

[Sol]

Now that I remember, there was something on the forums about 3 or 4 weeks ago about some requests like yours... I would say contact etsy admin just to double check.

[Ann Douglas]

Here's my two cents on the situation, based on my experience as an author and a journalist.

I think what you want is a photo credit (because you are the photographer) as well as a photo caption or other product credit (either at the bottom of the article or in the product sources section that many magazines include at the back of each issue) so that readers of the article can identify and source or your product.

It's not appropriate for the magazine to use a photo of your product in a general article on necklaces without providing this information UNLESS they intend to pay your a photo licensing fee (for one-time use of your photograph of a necklace), with the understanding that the photo is being used for editorial purposes (to provide an illustration for an article about cool trends in necklaces, for example) as opposed to in a produce roundup article (in which case you might license use of the photo free of charge in exchange for the magazine providing their readers with information on sourcing your product).

The magazine can't have it both ways: a free photo license for editorial purposes that doesn't provide any promotional value to you. They either handle this as an editorial photo license (and the two of you agree on an appropriate licensing fee) or they provide you with sufficient promotional value that you're willing to waive that fee. No value to you = no deal.

Just to clarify the term byline, a byline is the name of the writer of an article. For example, "How to obtain photos without properly paying photographers" by Unethical Publisher.

In terms of legal issues -- make sure your licensing terms are spelled out in a contract. You are licensing them non-exclusive, one time rights to use your photo. This doesn't prevent you from allowing other publications to use the photo; and this publication can't use it again without paying you again.

Hope this helps.

Ann

[27lauriebethbeggin]

Dear Ann, Thank you SO much for this information! I'm keeping it for future reference! THIS is what networking is all about! Your friend, laurie b.

[Krazykate]

If you decide to do it, check the release form they need to provide carefully to see what you are releasing the photo for. Are you giving up your rights to the photo? Is it stated that your weblink will be included in the article? Make sure all the i's are dotted and the T's crossed to be sure you're doing exactly what you want with your image. If the person doesn't want to include the pertinent information, you won't be covered legally. To my way of thinking, a link to your website would be just as good as a byline because the readers are directed to your shop for purchasing.