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07/10/2015 06:22:08 AM · #1 |
I don't do photography as a business, just a bit of fun. Recently I shared a photo with a company (small, private, nice company) of FB (it's very cute - of my dogs warming up in front of the fireplace). The photo got a lot more response than I thought. :D I saw that the company had used the photo as their profile pic... Now, normally I love for people to use and enjoy my photos (or whatever else I put out there), but I must be honest, I felt a bit of a twist inside.
The reason I'm posting is that I know people are extremely protective of their photos online. I've always felt that if it gets used, great - I took a photo people like. But I see it from a different perspective now.
To conclude the above story, I messaged the company and said it would have been nice if they had asked, but I would have said yes. They were so apologetic, and all's well. They're using the pic and more people can enjoy it now! :D |
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07/10/2015 09:15:09 AM · #2 |
Is it watermarked, and if so, did they crop it out?
When you share/tag someone on a photo on Facebook and they use it as their profile photo, I don't have an issue with it, provided that they leave the watermark intact (I watermark everything on FB) or replace it with a "Photo By" credit and a link to my FB photography page. If I have a problem with anything like that I message them and ask them to fix the problem, and they always do apologetically.
If I tag someone and they take the photo and use it elsewhere without permission that will get me riled. Just this week a local musician, who I'd photographed at a music festival last year and tagged him on the FB photos, used one of the photos in an ad he put together for a gig he was doing at a local casino. He's got plenty of publicity shots, but my photos were from the only other time he'd done a particular tribute show so he used that. Unfortunately, he never asked permission, cropped out my watermark in the process, didn't add a photo by credit, and then posted it to Facebook, Twitter and who knows where else? Got me rather annoyed, and I could have posted something under them but instead PM'd him and let him know that I wasn't happy with what he did, and his using my photo would have been akin to me taking a rip of his latest album and posting a link on my wall for anyone to download it. He was extremely apologetic, and he added a "Photo by" credit across the bottom.
It doesn't surprise me that people think that when you "share" something on the web it becomes theirs to do with as they please, but it does surprise me when those who suffer the same fate with their product do the same to others. But "pics" have become so pervasive that photographs no longer have any intrinsic value to most people, so why should anyone ever get angry when someone takes it?! Most people perceive no difference between a photographer and a kid with a phone when their photos are side by side on the net. It's frustrating, and you can either throw your hands up and say, "What can you do?!", or you can work in a little education tact and remind them that they used something that wasn't theirs to use without asking. Hopefully that's the last time they'll do it.
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07/10/2015 11:21:59 AM · #3 |
Ah, the Pandora's box....
I personally do not post any photos on FB anymore (always just a link to the image elsewhere). Unless it's a cellphone shot to show how pretty the sky is at that moment or something like that.
Any image that is product of a challenge, a commissioned session, etc., when shared with the model, comes with strict instructions that include credit etc. I have not yet had a problem. Almost every person I've shot with has chosen to use the image I took of them as their avatar. That doesn't bother me at all.
I've had more trouble with image getting lifted off the internet and published without permission, attribution, or payment. That bothers me a lot more! But fortunately (or unfortunately) even that has not happened very frequently. |
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07/10/2015 12:08:37 PM · #4 |
Originally posted by tanguera:
Ah, the Pandora's box....
I personally do not post any photos on FB anymore (always just a link to the image elsewhere). Unless it's a cellphone shot to show how pretty the sky is at that moment or something like that.
Any image that is product of a challenge, a commissioned session, etc., when shared with the model, comes with strict instructions that include credit etc. I have not yet had a problem. Almost every person I've shot with has chosen to use the image I took of them as their avatar. That doesn't bother me at all.
I've had more trouble with image getting lifted off the internet and published without permission, attribution, or payment. That bothers me a lot more! But fortunately (or unfortunately) even that has not happened very frequently. |
That's a great idea; linking your images from what other sites . Which of those sites do you normally share from ??
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07/10/2015 12:38:17 PM · #5 |
when i post to social media, i assume its going to get picked up and shared. what bothers me is when family of friend reposts an image instead of sharing it, thus I lose my association with it. so some people may not know i took it.
i'm more concerned about losing potential clients than someone stealing my image. |
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07/10/2015 01:23:11 PM · #6 |
Originally posted by jgirl57:
That's a great idea; linking your images from what other sites . Which of those sites do you normally share from ?? |
I use pBase.com -- one of the older posting/sharing sites. It's pretty simple to use -- like DPC it looks/works about the same as ten years ago.
Message edited by author 2015-07-10 13:23:28. |
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07/10/2015 01:52:40 PM · #7 |
Originally posted by jgirl57:
Originally posted by tanguera:
Ah, the Pandora's box....
I personally do not post any photos on FB anymore (always just a link to the image elsewhere). Unless it's a cellphone shot to show how pretty the sky is at that moment or something like that.
Any image that is product of a challenge, a commissioned session, etc., when shared with the model, comes with strict instructions that include credit etc. I have not yet had a problem. Almost every person I've shot with has chosen to use the image I took of them as their avatar. That doesn't bother me at all.
I've had more trouble with image getting lifted off the internet and published without permission, attribution, or payment. That bothers me a lot more! But fortunately (or unfortunately) even that has not happened very frequently. |
That's a great idea; linking your images from what other sites . Which of those sites do you normally share from ?? |
Currently, Flickr! |
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07/10/2015 02:19:18 PM · #8 |
| On FB, when I share photos that are more than family snapshots I post first to my photography page and then share that photo to my personal page, somehow believing that this will somehow get folks to respect the copyright a little more. This is the first time I've had issues with inappropriate use coming from Facebook - at least that I know of. |
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07/10/2015 10:01:43 PM · #9 |
Speaking from a USA perspective, if you take pictures, even if you don't post them, get them registered. If they are registered and someone uses it without your permission and they have money, you can present them with a bill or a choice of getting sued and paying your legal fees and all court costs. Since I started registering my images I've been infringed on 4 times and other than one person thinking I was bluffing and decided to call it, they all paid my invoice once they checked with an IP lawyer. The one that thought I was bluffing paid up after I had my lawyer send her a letter on his letter head (cost me $300 out of the more than $4K I got from her) which also suggest she check with a IP lawyer and she paid pretty quick.
If your images are not registered you really have no teeth to back your copyright. Even if you take them to court and win, all of the costs are going to come out of your pocket and there is no guarantee that you will be awarded anything. On the other hand, there are pretty stiff monetary penalties that kick in if your image is registered. Also, you have to have your images registered before you can claim infringement and get the special conditions that being registered bring you.
It's relatively cheap and easy to register, you can even do it on line.
I've not really worried about the people that use my images for screen savers, backgrounds and other minor stuff (although I will say something to them), but if they use it for something that they will get paid for, even if it isn't for profit, they get a letter from me. If you can catch people using your images and they are registered, it can be very profitable. :D
Mike |
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07/10/2015 11:38:05 PM · #10 |
MikeJ, good advice. I was reading an article recently about when to tick the published or not (//notesfromarepsjournal.com/2015/05/26/drop-everything-and-read-this-now-copyright-101). It seems to be easier to register unpublished. With your experience on the matter, what would be your suggestion regarding which box to tick once a shot has been posted to DPC? Thanks
Message edited by author 2015-07-10 23:38:23. |
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07/11/2015 12:02:18 PM · #11 |
| Is it really feasible to register every image you take and post? Can't you register post infringement as well? |
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07/11/2015 12:18:09 PM · #12 |
Originally posted by Mike:
Is it really feasible to register every image you take and post? Can't you register post infringement as well? |
You can register batches of images as a "collection" as long as you have a way to reference the individual photos. Registering before the infringement gives you more rights and allows for "statutory damages" which are not based on any actual financial harm (e.g. lost potential income).
MikeJ kindly posted this thread a few years ago with more extensive detail -- it's still relevant with some updates (like on-line registration is here) ...
Registering Your Copyright: Why Should You?
Message edited by author 2015-07-11 12:23:21. |
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07/11/2015 01:10:39 PM · #13 |
| I must say, it seems rather odd to me that your copyright (in the US at least) really isn't worth much if it is practically unenforceable, UNLESS you pay the government and register it first. It kind of flies in the face of the fact that you inherently having copyright to your own artwork. |
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07/11/2015 02:06:16 PM · #14 |
The published/unpublished rule was a question that I asked the Copyright Office about because I had a lot of my images that had been posted on forums like this as well as being used in newsletters and other non-paid publications. Their answer was that just because it's been "seen" on the internet or in publications like newsletters and other documents does not mean that it has been published. The publish comes into play when you get paid for the publishing, like in a book, magazine or other commercial entity. So if you have only posted on forums or other social media sites, you can select the unpublished box.
General, boy, that was awhile ago and pretty extensive writing for me. LOL! You are right, the online registration is the biggest change and really makes it easy now to register. The cost has gone up a little too but it's still worth it the first time someone infringes on you. It is SO satisfying to be able do something about it.
Rock, yes, you are right. It is odd and makes copyright almost useless for the average person if you don't have the registration. The first infringement that happened to me I did not have them registered and a woman worth millions (she owned a art gallery in VA) used one of my dog images to put a year long ad into Dog World magazine to sell her dogs that were of the same breed. I caught it on the first issue and though I was able to get it taken out of the magazine, it was going to cost me a lot of money to go after her. It wasn't that she used my image but it was also that she pretty much told me "so what are you going to do about it?". That was a very bitter pill to swallow and from that point on, I have registered everything, test shots, out of focus, poor lighting, everything went on CD's as a group of work and it got registered. It paid off too. :D
Ever since I have been a big advocate of registration and I encourage everyone that takes pictures, even if you only do it for fun or don't think they are worth it or never expect them to be used by someone else. All of the images that I had used by others were not even near my best work. They were examples, test shots, snapshots, etc. The people put them in Photoshop and cleaned them up and changed them around to try and disguise them. They didn't realize though that most of my dog photography was pretty well know in our breed and a lot of people knew my work. So register, register, register.
Mike |
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