Photojournalist scores unauthorized use of photographs

By Nestor P. Burgos Jr.
An Aklan-based freelance photojournalist has scored the unauthorized use of photographs he took in the campaign materials of Aklan officials in the last elections.

Joe Haresh Tanodra, 42, alleged that photographs that he took of Aklan Rep. Florencio Miraflores, Gov. Carlito Marquez and former Vice Gov. Ronquillo Tolentino were used without his permission in the 2007 calendar and t-shirts distributed by the provincial government.
He said thousands of copies of these calendars and t-shirts were distributed to the province’s 17 towns during the Christmas party of the Tibyog Akean, the political party of the three officials, last December 18 and during the campaign period.
Tanodra who is based in the capital town of Kalibo in Aklan has been a photojournalist for 24 years and is a contributor of the Philippine Daily Inquirer and European Press Photo Agency.
He wrote a letter to Marquez in May about his complaint but he said he has not been compensated for the use of his work.
In his letter, Tanodra said that he had allowed the use of his photographs by provincial information officer Ulysses Espartero "for journalism purposes."
But he said he was surprised to see the photographs in the calendars and t-shirts.
"Doubtless some print or publication establishments had made money out of my photographic creative works at my great expense and prejudice," said Tanodra in his letter.
He said the unauthorized use of the photographs violated his rights under the Intellectual Property Code of the Philippines (Republic Act 8293).
"As a struggling photojournalist barely living in a hand to mouth existence, the undersigned felt that he had been exploited and shortchanged by (Espartero)," said Tanodra in his letter.
Tanodra told The News Today that he was "insulted" by the use the photographs for commercial and political purposes.
He is seeking a stop to the use of his photographs without his permission and for compensation of the photographs used in the calendar and t-shirts.
When sought for comment, Espartero said he used the photographs in the calendar but sought the permission of a local photo studio that Tanodra was connected. He said he was willing to compensate the photojournalist but claimed that Tanodra refused to talk to him.
"The fact remains that I did not give permission for the use of those photographs," said Tanodra. He said it was Espartero who ignored his repeated calls and text messages asking when he complained of the use of the photographs.
Espartero denied that he had knowledge of the use of the photographs in the design of the t-shirts distributed by the officials’ political party.
Tanodra has sought the help of media organizations and photographers groups to compel the provincial government to compensate him for his work.