Quote Originally Posted by ricktas View Post
You need to make sure you get information/clauses like this in writing. Being told it verbally is one thing, but if it is written, then you have recourse.
I agree with Ricktas that in future it is best to make sure you get it in writing. It is surprising that the publisher did not get written authority from you and sort out an appropriate credit with you before publishing your photo in the mag.

However, Ricktas is not quite right in stating that you only have recourse if you have agreement re a credit if you get that in writing. There are two issues - one is ownership of copyright, which means the exclusive right to reproduce (copy), publish (print in a mag), communicate (make available online) your photograph. Based on what you have said, it sounds like you gave permission (albeit verbally) so there wasn't really an infringement of your copyright (I don't know the full facts so I am just basing this on what you have posted).

The other issue about not being given credit for your photo is an infringement of your moral rights - your right to attribution of authorship. This is covered by another part of the Copyright Act and relates to the right to be named as author and the right to integrity of your work. This exists separately to whether you have licensed or even assigned your copyright.

Hope that all makes sense.