[Contracts] my drawing was cropped and published without credit and autorisation in a magazine. What solutions should I ask for?
[Contracts]
Hi everyone,
I’m looking for advice and feedback on a copyright issue I’m currently dealing with.
One of my drawing has been published in a magazine based in France, without my know and my copyright.
What happened:
I was commissioned by a collective to create custom masks. Before creating the mask i send them preparatory drawings.
A few months later, the collective reached me out asking tonsend them again thé drawing for a potential feature in a print/digital magazine
I sent the files to the collective via email with my credit/name on the drawing. After sending them, I received no update of them.
- Fast forward, i went to a magazine launch event, i was casually flipping through the issue and find my drawing cropped in the double page dedicated to the work of the collective, without knowing it was there and with any copyright. My drawing is mixed with other picture/photo as a moodboard of their work
The issues (500 copies printed, retailing around 35–50€/copy).
The collective received a fee (200e) for their magazine feature.
I contacted the editor-in-chief and the collective regarding the copyright and moral rights infringement (cropping the artwork without consent + removing my name).
Only the person in charge of the magazine answer me:
Shifted the blame to the graphic designers for "forgetting" the layout guidelines. But i don't understand, the collective must have checked the layout before publication.
>>>My questions to you:
Since the print run is already out and distribute internationally, what are the most reasonable and effective solutions I can propose to the editor and the collective?
- Print Edition Correction:
How can missing credits realistically be corrected on a paper edition that is already printed and distributed?
An erratum insert/sticker was suggested to me, but I feel like this will be very complicated to execute.
How do publishers actually manage this?
- Online :
Can I demand a dedicated online post or story on the magazine's official accounts acknowledging the missing credit and tagging me?
- Financial Compensation:
How do you calculate a fair retroactive licensing fee and compensation for moral rights damages (cropping + uncredited work) for a 500-copy print run?
Thankyou so much for your time and your help!
Have a good day!