- Joined
- Dec 12, 2007
- Messages
- 634
- Reaction score
- 94
- Location
- Cambridge, England
- Website
- www.emilywinslow.com
I'm gathering photographs for use in an article. All of the photos I want to use were either taken by myself or taken by someone who has given us permission to use them, except for one. That one photo is the one I'm asking about.
A stranger rang our doorbell one day. He told us that he is a local pilot and asked if we would like him to take an aerial photograph of our house, for a fee. We agreed to his fee, and several days later he delivered us some photographs, for which we paid.
I can't remember exactly the format we received them in. Perhaps prints and a CD ROM? The only copies I can find now are on my computer (presumably off the CD-ROM he gave us). I had zero interaction with him over email, and can't find anything with his contact information or even his name.
I would really, really like to use the photograph in a magazine article. When we bought the photo (or perhaps we can be considered to have "commissioned" the photo, since the agreement to pay was made before the photo existed?) did we get with it the right to publish it? I don't recall there being any written agreement.
I presume with a photograph that the right of reproduction remains with the photographer, not the owner of the photo. But, because this image was created for us (not just bought by us), I wonder if perhaps we can justify using it.
If I knew who he was, I would happily contact him, ask his permission, and credit him. I just can't see any way to track him down.
Any advice? Is this picture unusable without contact info for the photog? I fear this may be so. I honestly don't think he would care, but that's not my call to make on his behalf.
A stranger rang our doorbell one day. He told us that he is a local pilot and asked if we would like him to take an aerial photograph of our house, for a fee. We agreed to his fee, and several days later he delivered us some photographs, for which we paid.
I can't remember exactly the format we received them in. Perhaps prints and a CD ROM? The only copies I can find now are on my computer (presumably off the CD-ROM he gave us). I had zero interaction with him over email, and can't find anything with his contact information or even his name.
I would really, really like to use the photograph in a magazine article. When we bought the photo (or perhaps we can be considered to have "commissioned" the photo, since the agreement to pay was made before the photo existed?) did we get with it the right to publish it? I don't recall there being any written agreement.
I presume with a photograph that the right of reproduction remains with the photographer, not the owner of the photo. But, because this image was created for us (not just bought by us), I wonder if perhaps we can justify using it.
If I knew who he was, I would happily contact him, ask his permission, and credit him. I just can't see any way to track him down.
Any advice? Is this picture unusable without contact info for the photog? I fear this may be so. I honestly don't think he would care, but that's not my call to make on his behalf.
