DoubleTruck Magazine

Send invoice.

I’m a little confused…you say you ‘gave them the images to be sold through the agency’. Does that mean you signed a contract with them and they represent you?

If you’re working with them as your agency I would have thought that your contract would have spelled out if they can use the images for their magazine or other uses.

My advice would be to first read your contract and then talk to your contact/editor at the agency and find out. I suspect they’ll claim it was promotional use and say something to the effect that it will benefit you as a marketing tool and you should be happy that they used your image for free. But that’s just a guess.

Good luck.

Doubletruck is a promo piece for Zuma. It could be good exposure for you, or not…if you have a contract you would expect that Zuma is doing more than just using your work for promotional materials…otherwise whats the point of participating in an agency.

Via the ’Publisher’s Notes’ page – “DOUBLEtruck Magazine will pay photographers once we start breaking even. The magazine needs to get enough subscribers and/or sponsors to make this happen. Once we are out of the red, we will start paying a nice usage fee to each person whose image makes it into the magazine. More, on this once we get to that point.”

Doubletruck has to decide whether it is a marketing piece for Zuma or a magazine. If it limits its photo usage to Zuma members, then it can make a strong argument that it is a marketing effort and then fall in the “right…to market..the…rights” license. If not, it is hard to say its purpose is to market and it sounds like a misappropriation of the right to publish the work.

The published hope in the “Publishers Notes” does not alter the foregoing. The fact that the mag is not making money has nothing to do with the rights to publish.

Agreed Neal.