Protecting your copyright

flyingsnail

For the fourth time this year I have discovered the unauthorised use of one of my images and it has got me thinking, what do others do when they discover one of their photographs being used.

Getting credit is always nice but it doesn’t pay for a new lens or even the petrol it took to get there and can’t be applied after the fact if the photograph is printed. Getting paid is great but some organisations seem to balk at the idea of paying, even if it is only a small sum and any legal action to try and get paid is likely to be prohibitively expensive. You can always have the image taken down but you gain nothing from it while they have had the use of your image, and again it is not really an option if the image has been printed.

There is also the question of who is stealing your work, if somebody else is making money from my photograph then I definitely want to be paid, if a student newspaper is making money from advertising on an article, do I hold them to the same standard as a national newspaper?

There is always the option of doing nothing but that is not something I am a fan of, at the very least an email saying I see what you have done, please don’t do it again.

What do you do when you discover you of your photographs being used?

TheQuietFella

Name and shame!

flyingsnail

TheQuietFella wrote: »

Name and shame!

I don't think boards allows that

TheQuietFella

flyingsnail wrote: »

I don't think boards allows that

Fair enough so but out of idle curiosity how did you discover your images were being used by a third party? And why did you have your images sized so they could be used by a third party?

flyingsnail

All four were of sporting events I had photographed, the first appeared in my Facebook feed when the organisation shared the article on their Facebook page, the second was in a newspaper that I read anyway, I can’t remember how I came across the third and the fourth I came across after using reverse image search because I had found the first three.

I put my images up I use a decent resolution because personally I hate coming across small images where I cant see the picture properly or look at the details. But honestly, I think the only one of them to benefited from having that resolution was the paper that ran it at 1/8th page. In the second paper it was not much more than a credit card size and the two that were online were less than 500 pixels.

Alpha_zero

flyingsnail wrote: »

I don't think boards allows that

why the hell can't you. Grow a pair and name them

Paulw

Alpha_zero wrote: »

why the hell can't you. Grow a pair and name them

:mad:

If you name them, your post will be deleted and you may get a ban. Not worth it.

If your image is of value to you, and you post it on Facebook or similar, then watermark it. Not in the corner, but in the centre. Then they won't use it in print.

With papers, they tend to get their images from people in the club. You can contact the paper, and ask where they got your image. Also, since it is your image, you should just invoice them. It is up to them to verify that the person providing the image has the right to supply it. Invoice, follow up invoice, final notice invoice, and then solicitor letter.

With clubs using/sharing, you need to speak to whoever is in charge or responsible. Let them know that if they want to use your images, even to just promote their club, they need to pay you.

But, again, watermarks tend to discourage improper use of your images.

georgefalls

If you upload stuff to FB, they own it for any purpose they see fit.

Its in the smallprint. (from there T&C page)

Sharing Your Content and Information

You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

flyingsnail

Paulw wrote: »

:mad:

If you name them, your post will be deleted and you may get a ban. Not worth it.

If your image is of value to you, and you post it on Facebook or similar, then watermark it. Not in the corner, but in the centre. Then they won't use it in print.

With papers, they tend to get their images from people in the club. You can contact the paper, and ask where they got your image. Also, since it is your image, you should just invoice them. It is up to them to verify that the person providing the image has the right to supply it. Invoice, follow up invoice, final notice invoice, and then solicitor letter.

With clubs using/sharing, you need to speak to whoever is in charge or responsible. Let them know that if they want to use your images, even to just promote their club, they need to pay you.

But, again, watermarks tend to discourage improper use of your images.

I have a watermark in the corner but I think I will have to move it into the middle which is a pity as I think it does detract from the photograph. Clubs seem to be the ones I have they least problems with.

georgefalls wrote: »

If you upload stuff to FB, they own it for any purpose they see fit.

Its in the smallprint. (from there T&C page)

That gives Facebook the right to use it which is required for Facebook to function but it does not give a newspaper or anybody else the right to take it and use it.

Paulw

flyingsnail wrote: »

I have a watermark in the corner but I think I will have to move it into the middle which is a pity as I think it does detract from the photograph. Clubs seem to be the ones I have they least problems with.

You wouldn't be the first and won't be the last one messed about by a club. For many papers, the club write their own article and supply some images. If their club photographer (if any) doesn't give them images, they tend to take them from online sources.

Putting a watermark across the centre should get the point across to the club and the paper. You should also contact the club and have a word. Just educate them about copyright and your rights. You may be able to come to some arrangement with them.

CabanSail

I will check but do not see a problem with linking to where your image has been used illegally. If you are not making any unfounded accusation then it should be OK.

Do not recall any mod actions against anyone in the past, but I will raise it with Admin to confirm.

the_syco

flyingsnail wrote: »

For the fourth time this year I have discovered the unauthorised use of one of my images and it has got me thinking, what do others do when they discover one of their photographs being used.

I think someone (possibly one of the posters in this thread) invoices a higher a price to the company, and follows it up with legal action if payment is not made?

As you know, "exposure" means little in the real world.

Effects

georgefalls wrote: »

If you upload stuff to FB, they own it for any purpose they see fit.

Sharing Your Content and Information

You own all of the content and information you post on Facebook,

AlanG

If you put the images on Facebook you will need to be prove that Facebook didn't give them permission to use the photos. Clearly Facebook didn't but can you prove that. Once you upload an image to Facebook you give them permission to do what they want with it.

TheQuietFella

AlanG wrote: »

If you put the images on Facebook you will need to be prove that Facebook didn't give them permission to use the photos. Clearly Facebook didn't but can you prove that. Once you upload an image to Facebook you give them permission to do what they want with it.

Well put a big frame around it in PS and re-size it down to 800 pixels and that

should render it fairly useless for anyone wishing to re-use it!

flyingsnail

AlanG wrote: »

If you put the images on Facebook you will need to be prove that Facebook didn't give them permission to use the photos. Clearly Facebook didn't but can you prove that.

It would be up to them to prove that they did have permission, it they did (which I doubt) all they would have to do is show me the usage licence from Facebook.

Paulw

AlanG wrote: »

If you put the images on Facebook you will need to be prove that Facebook didn't give them permission to use the photos. Clearly Facebook didn't but can you prove that. Once you upload an image to Facebook you give them permission to do what they want with it.

It is up to them to prove that they have permission to use your images. You don't have to prove anything.

ditpaintball

Send a properly formatted invoice, including all terms etc. Send to appropriate person, picture editor, accounts department etc. Make sure it goes to someone who can act on it.

Follow up in 28days if no payment is made. Apply late fees if needed.

magicbastarder

georgefalls wrote: »

If you upload stuff to FB, they own it for any purpose they see fit.

Its in the smallprint. (from there T&C page)

Sharing Your Content and Information

that's standard boilerplate to allow them to store the photos wherever they see fit though; in the sense that if they move a datacentre from ireland to egypt, they will be 'publishing' the photo in a different jurisdiction. i'm not aware of any instances of facebook wilfully using other people's IP for their own ends.

KJ

I have a copyright related question, didn't want to start a new thread so just gonna ask in here if that's alright.
I want to start a blog about running. At a race last year, a photographer was there and took a really cool photo of me running past him. The photo was then shared on the Facebook page of the race. Would I need to get permission to use that photo on my blog or is it free to use as it was shared for free and is a photo of me?

magicbastarder

You would need permission. The fact that it is of you doesn't give you any extra say over the use of the photo at all.

CabanSail

KJ wrote: »

I want to start a blog about running. At a race last year, a photographer was there and took a really cool photo of me running past him. The photo was then shared on the Facebook page of the race. Would I need to get permission to use that photo on my blog or is it free to use as it was shared for free and is a photo of me?

The Photographer has given permission for the current use ONLY. That it has so far been free does not mean that will be the case everywhere. You will need to ask permission for it's use. The fact that it has already been shared in that way would be a guide that permission would be given. You seem to have a good attitude and that will go a long way when asking permission. When I used to use Facepalm I sort of assumed that those that inhabit there would reuse stuff without permission and so only put things there which were watermarked.

The fact that you are in the image is irrelevant. The Photographer (or their employer in some cases) own the copyright.

Effects

KJ wrote: »

Would I need to get permission to use that photo on my blog or is it free to use as it was shared for free and is a photo of me?

Send him an email, let him know what image it is and tell him what you want to use it for. He might be nice and let you use it.