What are our rights?

Soldato
Joined
20 Jul 2008
Posts
4,440
Hi Guys

Say as an amateur photographer I took a photo and put it on Facebook.

Is there anything in law by default to stop someone taking it and using it for commercial purposes? If say a marketing firm took your cover photo and published it in a magazine or something, are they allowed to do that?
 
Does stamping it in faint writing stating it's not for use without permission make any difference?

If someone stole one of my images and used it to make money I would be absolutely furious!
 
Not really because they can crop it out and still use the image without permission.

Are they only able to do that because of Facebook?

If someone hacked into my computer and stole my work and used it without my permission would they be in trouble?

Or do you have to register your image somewhere for it to be fully protected?
 
No you still own the image, there was some nonsense about all images on facebook being 'orphaned' but I don't think that happened.
 
Does stamping it in faint writing stating it's not for use without permission make any difference?

If someone stole one of my images and used it to make money I would be absolutely furious!

No, watermarking a photo makes no legal difference, and if you use some made up company name may hinder your legal ownership -it also screams amateur wannabe pro.
What you can do is put copyright information into the jpeg IPTC fields. Any professional commercial designer upon finding an unknown photo will check the IPTC for copyright information. Unscrupulous individuals will ignore that, and ignore any watermark anyway.

If you are really worried then the best option is to upload only a low res higher compressed image, and keep it only on a website you own (some people will search sites like Flickr to find photos they want, when everything is tagged then it makes finding the photos very easy).
Better still is not to upload that much in the first place, if it is not online it cannot be stolen. I print my best photos, make cards for friends/family, print albums and have slide shows when guests are over. I don't feel the need to share my work with random Internet people really.

Oh, I also put some of my stock orientated work on sites like Alamy and shutterstock, this gives legal protection to these photos. If I see a photo on a web page that doesn't appear to be legitimately sourced then I get free professional legal assistance to get the photo removed and sue the culprit (although I don't get any of the proceedings, nor do I pay any of the costs). I've never done this before but if you brows the forums of stock sites then you see quite a few cases of people getting legal help this way. Of course in doing this you are selling your photos for commercial use anyway, just you are charging for that use.

And this gets to my final point, going about funky means to protect your image such as plastering hideous watermarks doesn't help you at all unless you can afford to pay the lawyers to defend your work, which is why the legal protection offered by stock photography sites is quite nice. Without a good legal backing if someone or some company stole an image on purpose the best you can do is ask nicely. IF they don't comply you can try some no win no fee layer but they don't like these kinds. In any case it will come down to proving that the individual/company purposely utilised the image knowing that they did not have the rights. Their defense will be simply that they believed to the best of their ability after extensive research that it was an orphan work and free to use. I have also heard the excuse that they will claim they believed an employee took the photos and since all their employees have a IP agreement that makes all such works belong to the company then they had no reason to believe that the photo could not be used.

PS: your photo is automatically legally protected the moment you release the shutter. There is no need to do anything, you already own full copyright and legal ownership.
 
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The alternative is just don't worry about it, if someone steal it, send them an invoice.

Three are lots of photographers out there put photos online without watermark (web res, not print res), but they have developed a style to a point where it is quite obvious who took it.

It is a balance of wanting to get your name out there, showing your work and not getting taking advantage of. Watermark and remove right click will put off most of the offenders not all. Send an invoice to the rest.

I don't mind my clients using my photos as their facebook profile, it adds to the word of mouth. It would be bad for business to ask them to remove it even, I would look like a bad guy to them as people don't normally see it from a copyright point of view. However, if it is a publication uses my photograph, then an invoice will be in the post.

The part about stock photography from D.P., whist true…if that is ALL you want to do, then go ahead. Personally I prefer to do more art, less stock, but that is horses for courses.
 
Dare I say it, the ones most het up about watermarks and copyright protection are the ones with nothing worth stealing. If it happens, as Raymond says, invoice them. They'll probably stop using your image and steal someone else's.
 
Indeed, Raymond's tip is probably the best, relax. If you find definite theft send an invoice and see what happens. If nothing happens it is difficult to take things further without paying for lawyers.


Oh, what I didn't really say was that watermarking for legal protection is useless unless you ruin your photo, which is pointless. However, it can be used as a marketing tool.

PS: Raymond, only a small fraction of my work is for stock use, most is for personal fun! Also, you can sell art shots as stock in places like Alamy, while other micro-stock will accept art photos they wont want the photo to be processed strongly as that is down to the designers.
 
It was more out of curiosity to be honest. Most of my snaps are clearly amateur but anyone is capable of taking a stunning photograph just out of chance and there are one or two great ones I put on Facebook.
 
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