How to confront a newspaper and get paid for it: Journal Le Droit, Ottawa / Gatineau

Not too long ago I was approached by a newspaper (Journal Le Droit, a large, daily newspaper distributing print in the Ottawa-Hull general area) asking if I would accept to let them print a few of my pictures in an upcoming special booklet on a nearby town, Rockland, Ontario. Having photographed much of Rockland in the past three years, I gladly accepted and figured I could somewhat benefit from some exposure. Just to make sure I asked if they were offering monetary compensation, to which they responded that a photo-credit would be placed at the bottom of the image in lieu of payment. Why not?

On May 22nd, 2012 the booklet came out as part of the daily edition of the newspaper. They had chosen a few of the images I had submitted and they were nicely printed, in colour. The first image contained my name at the bottom, but was barely big enough to be legible. On the second image I saw that there was something written there, but the writing was warped and not at all legible. Two other images were printed without any photo credit whatsoever. Case in point: my fiancée having seen the booklet before I did and recognizing my style in images right off the bat, did not notice any photo-credit whatsoever. Needless to say I was disappointed in seeing my images in such a way. The whole point in agreeing to do this was to get people to see my images and to be able to see my name attached to it. I understand some of you will say that it was foolish of me to agree to such terms to begin with, but I still maintain that there was, somewhere, something to be gained in having images posted (for free) in a newspaper where (potentially) there would be thousands of eyes directed at said pictures.

After seeing this I emailed my contact at the newspaper and explained my discontent. She of course apologized. I, of course, asked if this meant that I would get paid, now that they hadn’t given me proper photo credit. After a few back and forth emails and a discussion with her boss, she came back sayingthat payment would not be possible, but that they’d print an “erratum” in an upcoming news print. Although I wasn’t satisfied with this solution, I decided to wait and see what they would print. 

A proper “erratum” would have contained, in my opinion, an acknowledgement or their mistake, a mention of my name, as well as a re-print of all of the pictures originally printed. What I saw in the Saturday edition of the newspaper (which I went to read at the local library), was a small “erratum” blurb, simply stating that an error had been made on such and such a date and that the name “Jean-Charles Renaud” should have been found under some pictures. No picture(s) to go along with it. This way of correcting a mistake would lead me to assume that they imagine their readers somehow keeping a collection of all past newspapers, available for consultation when needed. This, of course, is not the case. 

Not satisfied with this outcome, and also tired of the back and forth conversations, I simply sent the newspaper an invoice, charging them, per photo, for printing two of the four images without proper photo credit. Granted, the amount I asked for could have been greater. However I didn’t feel as if the money was the point, I simply felt that they needed to learn a lesson. Being such a big newspaper, one would think that they wouldn’t be pulling things like that. It wouldn’t be acceptable coming from a small time newspaper either, but it might have been easier to let it slide. They, however, had no excuse. 

A few weeks went by and I had, by then, assumed that they had simply deleted my invoice with a “let him come after us” mentality.  To my surprise I received a call from the newspaper’s managers who asked me who I was, and why he had an invoice with my name on it in his hands. I proceeded to explain to him what had happened and what was promised to me, and also what I felt should be coming to me and why. I must’ve struck a chord with him somewhere as he proceeded to tell me that he’d cut me a cheque of the requested amount; a cheque I eventually had the pleasure to receive in the mail and deposit in my bank account.

My one-liner/lesson-learned: When in doubt, just send them an invoice.

Comments

[stefan beetz]

Honestly: Never never never allow anyone to use your work for free.

[Ann-Marie]

I wish we had thought of this several years ago. It might have empowered our daughter a little, and given her a sense that people could not take advantage of her.
She had been asked to submit some of her colored pencil drawings to be exhibited at a show at the Fort Worth, Tx. Botanical Gardens for a festival. This was quite an honor as she was then only in middle school.
She carefully chose the ones she wanted, and I delivered them.
We got little notices made up at a printer, and sent them to friends and family. Her grandfather even came down from Chicago for the even.
When we attended on opening day, we found the area where the art was, and we were stunned to see that someone had cut her pictures to fit a sort of wall display they came up with, and not only that, someone had colored in a couple of drawings that were done in black and white.
As she was the only child whose work was exhibited, I guess they thought it wasn't important, although she has gone on to win awards for her work.
Needless to say, we turned around and went home, where my daughter cried for hours. I asked her later if she wanted to take any action against the Botanical Gardens staff, but she said, "No, just get my stuff back from them."
When I called them the next week, they claimed they couldn't find it. I think they threw it out.
We told my daughter we had all learned a very hard lesson, but one we would never have to learn again.