Hutchinson photographer says city video used his footage without payment

HUTCHINSON, Kan. — A local photographer and videographer says footage he created appeared at least 12 times in a promotional video the City of Hutchinson paid $26,000 to produce, and that he was not compensated for its use.

Nick Hemphill, of Nick Hemphill Photo Video, said he learned of the video's existence when someone brought it to his attention and directed him to additional context posted by another community member, which included what appeared to be a screenshot of the expense.

"My footage appeared at least 12 times," Hemphill wrote in a public Facebook post. "Footage of mine I wasn't paid for."

Hemphill described the video — which runs less than six minutes — as appearing to consist largely of footage shot on a phone or webcam, and said the production quality did not reflect the $26,000 price tag. He said the work should have cost between $4,000 and $5,000.

He said he intends to file a public records request to learn more about the contract, including whether the production company was local.

The City of Hutchinson issued an official statement acknowledging it had received third-party footage from outside sources, including from the Chamber of Commerce, for use in a conference presentation intended to highlight community initiatives and local accomplishments.

"At the time, the City understood that the footage had been made available for that purpose," the statement read. "After concerns were raised, the City began reviewing the matter and paused any further use of the footage pending that review."

The city added that it respects intellectual property rights but said it would not comment further due to the involvement of third parties and potential legal issues.

Hemphill said he regularly donates footage and time to organizations including HutchRec, the Chamber of Commerce and Visit Hutch, but draws a distinction when it comes to government entities.

"No one should donate to a government," he wrote. "In fact, that should be the one entity most willing to pay because it's going to its citizens and that's who they should be supporting."

He said the use of his footage without compensation crosses a line beyond a simple policy disagreement over city spending.

"Since it had actual footage of mine and someone profited nicely, it crosses more than just the, 'well, maybe they don't like my work,'" he wrote, "because clearly they do enough to use it."

This article is based solely on a public statement from the City of Hutchinson and public Facebook posts from Nick Hemphill Photo Video.