[Leica] Draconian "Release"

[jim at hemenway.com (Jim Hemenway)]

Hi Tina:

When they return the pictures to you at your request, I would also also 
request a written statement that they have not made any copies, and that 
if they have, that they have destroyed them.

If a very low level person does distribute them, then this will be 
useful to your attorney.

Best.

Jim Hemenway



On 9/13/16 8:55 PM, Ted Grant wrote:
> Hi Tina,
> Here's your response !!!!!!!!!!! IN BOLD LETTERS.
>
> "USE MY PHOTOS?" YOU WILL DEAL WITH? MY LAWYER!"
> Today more and more newspapers, magazines, photo agencies and users of
> photography are being bought out by the scumbags of the earth.
> It's the SOB's like these newspaper owners who are and have put thousands 
> of
> independent photogs on their death beds of the "POORHOUSE!" Or monetarily
> dead!  :-( This for you is simple!
> "SHOW NO MERCY! TAKE NO PRISONERS!
> It's too bad about the Syrian project.
> However, you are one of the finest story telling "STOCK PHOTOGS" anywhere!
> And your photography is "IMMPECCABLEY" some of the best in the world!
> 1/ Roughly what did the Mid-east photo shoot cost you and Tom? No need to
> make it an exact amount? A wild figure will give "THE CREW" a rough idea
> what shoots of this nature out of pocket cost you personally before you
> retrieve a penny in return?
> Just put all the blame on the newspaper during any meetings with the folks
> trying to help the Syrian's.
> Play it up on local TV on whatever programmes you can.
> #1? Retrieve all your photos immediately! So those SOB'S  can't use them in
> any fashion.
> IF YOU DON'T? YOU KNOW THEY WILL IN SOME KIND OF NEFARIOUS FASHION USE THEM
> IN PUBLICATION! Then worry about consequences later!
> By your description of these SOB'S they may well just go ahead and use them
> figuring you don't have the economic background to sue them? After all 
> these
> kind of owners look at we photographers as nobodies? So they don't care.
> "HANG TOUGH GIRL GO DEEP FOR THE HEART"
> CHEERS,
> Dr. Ted Grant C.M. O.C.
>
>
>
>
>
> -----Original Message-----
> From: LUG [mailto:lug-bounces+tedgrant=shaw.ca at leica-users.org] On 
> Behalf Of
> Tina Manley
> Sent: September-13-16 1:22 PM
> To: lug
> Subject: [Leica] Draconian "Release"
>
> LUG -
>
> I'm sure you've heard more than enough about the Syrian refugee project but
> I've run into a problem and would like your opinion.
>
> The local newspaper The Herald - which has been bought out by McClatchy,
> along with every other newspaper around - asked for some of my photos to
> illustrate an article about the project.  I sent them several photos two
> weeks ago with permission to use them in the newspaper and on their website
> with a copyright notice.  I didn't hear anything for two weeks.  Today I
> got an e-mail saying that they could not use the photos with a copyright
> notice and if I gave them permission to use them without the copyright
> notice, I would also have to sign a release giving the Herald "an
> irrevocable, royalty-free license to publish, republish, resell,
> distribute, copy and edit the submission an unlimited number of times in
> any print, electronic or other medium."
>
> I explained to them that I could never sign a release that gives away all
> rights to my photos - that it would not be fair to me or the subjects of my
> photos.  I explained that I never lease photos as royalty-free and that any
> royalty-free photo that featured an identifiable person would have to have
> a model-release signed by that person.  All of my photos are rights managed
> for editorial use only.
>
> I told them they were welcome to use the photos with a copyright notice.
> Now I have to explain to the committee why the photos won't be in the
> Herald :-(
>
> What do you think?
>
> Tina
>