I was contacted a couple days ago by a musician friend that now lives in L.A.
He wanted to let me know that a photo that I took of him last Spring (a head shot) was being used in the July issue of Drum Magazine! He told me that he made sure I got full credit for the photo as well....I dont think Im owed any compensation for it.....so if anybody can give me a heads up that would be great (Bob?) IF not Im just happy Im in another magazine!
First, congratulations!
Second, the use of your photograph depends entirely on the circumstances. In general, you own the rights to your photograph, including publication rights, unless you have assigned or sold them. The only exceptions are usually 'work for hire' in which case you are paid for your time and your work product belongs to your employer.
I hesitate to offer advice since I do not know the circumstances and I am not a lawyer, but in general, the magazine should not publish a photo, let alone on a magazine cover, without a release from you. You, likewise, should not offer photographs for sale without obtaining a model release in circumstances like this.
When you 'sell' a photograph, you're not selling the print generally. You're selling the right to use the photograph in a particular way, for a particular purpose, for a particular time. Like 'first use, North American publication rights'. That means they can print the photo one time on their cover for an agreed-upon fee. If they want to print it again, they have to negotiate a license with you again.
I have had a few magazine covers; I was paid for them. However, I have also chosen to let some magazines and textbooks use my photos for free. It's my choice; but they have to ask me for permission in any case. The photos belong to me, no matter whom they are taken of. If they are taken of a recognizable person, then I must obtain a model release from that person or I cannot sell the photo for commercial use.
There are some good books on this subject if you're interested in pursuing a career in it.
