A weird situation...

[ducklite]

While surfing the Internet today, I found one of my photo's on someone else's web site. I'm positive that I didn't give this person permission to use the photo, and if I had, I still would have asked that they give me credit in a caption under the photo.

I've asked several people to compare the photo to my original, and we are all 100% sure that it's my photo being used. It's a very unique photo in a lot of ways, and I instantly recognized it as my work.

Well, here's where it gets weird. The photo is on the web site of the mother of a member of a band I really like both as subjects, as well as musically. A band that I'm hoping to work with again in the future. (Her son is the subject of the photo) Obviously I don't want to offend her, but I do want to get credit for my work. I know that family ties are very tight with the members of this band.

All of my work on my website is very clearly labeled that it can't be used without written permission.

What do you all think I should do?

Anne

 

[Wishing on a star]

Good question!

It is her son.

Is he a minor?

Did you ask her if she would mind the photo of her son posted on the internet? Was any kind of 'release' or 'agreement' signed? Or did you just happen to snap this photo, and then post it?

Were you paid to take these photos? (you call the photo -your 'work'-). If so, do the people who paid you not have any rights to the photos as well, as they have paid for them.

In other words, if I paid a wedding photographer, do I not have the right to post a photo of myself/DH at our wedding? If I have a portfolio of portraits made, do I not have the right to submit that portfolio to any place I wish?

 

[SleepyMom]

I would send an e-mail and just say something like you noticed the picture you took on their website, that you are glad they liked it enough to use it and feel honored, but could they please add your name so you get credit for the photo.

Maybe since it is her son in the photo, she felt she could use it without permission.

 

[ducklite]

Good question!

It is her son.

Is he a minor?

No, he's got to be around 30 or so at this point.

Did you ask her if she would mind the photo of her son posted on the internet?

He is a musician in a national act, their publicist gave me a photopass for the show.

Were you paid to take these photos? (you call the photo -your 'work'-). If so, do the people who paid you not have any rights to the photos as well, as they have paid for them.

I was given a pass by their publicist but not paid by the act. This is normal and customary in this line of work. On that particular day I was shooting for "Me". not on assignment for any publication.

In other words, if I paid a wedding photographer, do I not have the right to post a photo of myself/DH at our wedding? If I have a portfolio of portraits made, do I not have the right to submit that portfolio to any place I wish?

In this case the copyright solely belongs to me. It would be like you taking a photo of the President because you were invited to the Oval Office. Then you put the photo on your web site and Mrs. Bush decides she likes it and posts it on her web site. The difference is that I am a professional photographer, and my photo's are intellectual property. I am extremely generous in allowing artists the use of my photo's of them for free or minimal compensation when I have not been hired specifically to photograph them for a set fee--in that case they own the copyright. But in any event I want to know in advance how they will be used, and they MUST give me credit for the work regardless of what type of payment was or wasn't received.

Anne

 

[safetymom]

Rule #1 is not to post pictures you don't want to see end up somewhere else. But I would take it up with them because you do own the rights to that photo. I hope it was a low resolution image so they can't do anything more with it than have it on the website.

 

[C.Ann]

Rule #1 is not to post pictures you don't want to see end up somewhere else. But I would take it up with them because you do own the rights to that photo. I hope it was a low resolution image so they can't do anything more with it than have it on the website.

-----------------

I agree..

 

[ducklite]

Here's what I decided to do. I e-mailed her this note:
#################

XXXXX,

I noticed you are using one of my photo's on your web site. It's the one of XXXXX with his arms outstretched. The URL for it on your site is: http://www.XXXXXXXXXXXXXXXXX.com/images/XXXXXXXXXXXXXX.jpg

Here's my original photo on my site: http://www.flamingolegs.com/bands/XXX/XXXXXX/images/PICTXXXX.jpg

I'm a HUGE fan of XXXX XXX XXX, and have no problem with you using the photo, however because I'm a professional photographer, I do need you to give me credit for the photo to protect my intelletual property rights. Please caption it as "Photo courtesy of Anne Ryan" and link either the actual photo or my name (your preference) to my web site, http://www.flamingolegs.com

Please let me know when this is done. Thanks for your understanding.

Regards,

Anne Ryan
################

(Yes, Ryan is the last name I use professionally, but not legally, so people don't have to get their shorts in a knot that I'm posting my name on the Internet LOL!)

So we'll see what happens...

Anne

 

[C.Ann]

Here's what I decided to do. I e-mailed her this note:
#################

XXXXX,

I noticed you are using one of my photo's on your web site. It's the one of XXXXX with his arms outstretched. The URL for it on your site is: http://www.XXXXXXXXXXXXXXXXX.com/images/XXXXXXXXXXXXXX.jpg

Here's my original photo on my site: http://www.flamingolegs.com/bands/XXX/XXXXXX/images/PICTXXXX.jpg

I'm a HUGE fan of XXXX XXX XXX, and have no problem with you using the photo, however because I'm a professional photographer, I do need you to give me credit for the photo to protect my intelletual property rights. Please caption it as "Photo courtesy of Anne Ryan" and link either the actual photo or my name (your preference) to my web site, http://www.flamingolegs.com

Please let me know when this is done. Thanks for your understanding.

Regards,

Anne Ryan
################

(Yes, Ryan is the last name I use professionally, but not legally, so people don't have to get their shorts in a knot that I'm posting my name on the Internet LOL!)

So we'll see what happens...

Anne

---------------------------------

Sounds good - to the point, without appearing nasty or angry..

 

[Magix]

You did the right thing. You have every right to post your photos online and expect others to honor your copyright. I have an issue I'm about to bring up with someone myself and have had a few issues in the past with other sites stealing my photos from a site I had given permission to use them. I typically ask them to either put my credit on the photo (particularly if they had to cut it off the photo they stole from another site) or remove the photo, their choice.

In this day and age, everyone should really know enough to ask, instead of stealing. I am very protective of my images and while what I don't know about won't hurt me, if I catch someone stealing my work, they'll hear about it! Typically, it is someone I would gladly have given permission to, if only they'd taken the time to ask.

 

[vacationman]

Let me get this straight. The band allowed you to take photographs of them. One of the band member's mothers used one of the photographs on her web site. You want to work with this band in the future. The band members have strong ties with their families (which, presumably, include this band member and his Mom).

Unless the Mom is using the photo to generate income, and assuming all of the above is true, I think the best idea would have been to let it go without mention. But - that's me.

 

[Chicago526]

I know NOTHING about this topic, but I have noticed sometimes photographers or studios put at the bottom of a photo the name of the studio/photographer or other copyright info. In the future, could you put something like this in photos you post online? That way if someone DOES copy and post your picture w/out permision, your name is still attached to the work.

 

[ducklite]

Let me get this straight. The band allowed you to take photographs of them. One of the band member's mothers used one of the photographs on her web site. You want to work with this band in the future. The band members have strong ties with their families (which, presumably, include this band member and his Mom).

Unless the Mom is using the photo to generate income, and assuming all of the above is true, I think the best idea would have been to let it go without mention. But - that's me.

However, as a professional, my copyright is all I have. It's a slippery slope.

I'm the one who stood in the hot sun in the dirt of a photo pit dodging crowd surfers coming over the barricade and having sweat dripped on me by various musicians for ten hours that day. Was it worth it? Oh yes! But as I said, protecting my intellectual property is also "worth it".

When it comes down to it, the label, not the band, gave me permission to take those photo's. For the most part, bands have little to no control over this type of thing. They lose that right when they take that first advance to record a CD.

Anne

 

[WeirdEyes]

I went to your web site. Great photos!! You have some of my VERY favorite bands on there. I love you work!

 

[ducklite]

I know NOTHING about this topic, but I have noticed sometimes photographers or studios put at the bottom of a photo the name of the studio/photographer or other copyright info. In the future, could you put something like this in photos you post online? That way if someone DOES copy and post your picture w/out permision, your name is still attached to the work.

I do usually do this. With these particular photo's, I didn't as they were taken with a prosumer camera, and not suitable for print publication. That doesn't mean that I value them any less.

Anne

 

[ducklite]

I went to your web site. Great photos!! You have some of my VERY favorite bands on there. I love you work!

Thanks! Check back after this weekend, I've got about 20 shows and some publicity photo's to get uploaded.

Anne

 

[MICKEY88]

I am extremely generous in allowing artists the use of my photo's of them for free or minimal compensation when I have not been hired specifically to photograph them for a set fee--in that case they own the copyright. But in any event I want to know in advance how they will be used, and they MUST give me credit for the work regardless of what type of payment was or wasn't received.

Anne

they only own the copyright if you sign it over to them, in that case they don't have to give you credit, it's better to give them one time use or limited use rights, maintaining the copyright yourself, then you can insist on proper credit with any usage on their part..

 

[welovewdw]

Let me get this straight. The band allowed you to take photographs of them. One of the band member's mothers used one of the photographs on her web site. You want to work with this band in the future. The band members have strong ties with their families (which, presumably, include this band member and his Mom).

Unless the Mom is using the photo to generate income, and assuming all of the above is true, I think the best idea would have been to let it go without mention. But - that's me.

Unfortunately, If she doesn't defend her copyright, she could lose the right to claim copyright violation against anyone in the future. She has to say something - the law is funny b/c to protect your copyright, you have to defend it and you can't be arbitrary about it. Plus as a professional, you would WANT credit for the photos - she doesn't even want cash from the mom - just credit - kind of a normal thing for professional photographers - & other web content - gotta give credit or ASK b/f you grab stuff - no matter who you are.

I think the letter sent was very nice - nothing sounded mean or angry at all - just very business like and kind.

 

[ducklite]

they only own the copyright if you sign it over to them, in that case they don't have to give you credit, it's better to give them one time use or limited use rights, maintaining the copyright yourself, then you can insist on proper credit with any usage on their part..

This is generally how it works, there is one label I've done work for that I have to reliquish the copyright on payment, but the contract states that I will be credited. I do prefer a limited use rights set up.

Anne

 

[MICKEY88]

Good question!

It is her son.

Is he a minor?

Did you ask her if she would mind the photo of her son posted on the internet? Was any kind of 'release' or 'agreement' signed? Or did you just happen to snap this photo, and then post it?

Were you paid to take these photos? (you call the photo -your 'work'-). If so, do the people who paid you not have any rights to the photos as well, as they have paid for them.

In other words, if I paid a wedding photographer, do I not have the right to post a photo of myself/DH at our wedding? If I have a portfolio of portraits made, do I not have the right to submit that portfolio to any place I wish?

as far as the band having rights to the pics..it all depends on the type of contract, whether the contract turns copyright over to them or gives limited or one time usage rights...

technically unless the photographer specifically gives copyright or usage rights to you when you hire a wedding photographer, you couldn't legally post the pics online, becuse in order to do so you would have to scan the pics, which would be making duplicates of copyrighted material...

the portfolio you could submit, such as to a modeling agency, but making copies of the pics would be in violation of the copyright...

 

[MICKEY88]

This is generally how it works, there is one label I've done work for that I have to reliquish the copyright on payment, but the contract states that I will be credited. I do prefer a limited use rights set up.

Anne

the email was very well done, very professional and polite