 Rachel Tabron |
Copyright I took photos for a client who wanted them for his website. He did not order the digital files and instead copy and pasted them from the online ordering company. Unfortunately the copyright symbol was not on the images. Right click did not work for me when I tested it out. Anyways, now the images are on his website. An email has been sent asking to remove them or pay for them. What can be done now?
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Mike Rubin |
I cannot answer your question but wanted to let you know I tried the Right click "Copy & Paste" and was allowed to do it. I sent an email to BP to make them aware of it.
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Mark Feldstein |
The answer to your question Rachel, depends on a myriad of facts that we're not aware of, including what your written contract with the client said. Sending a cease and desist letter might help. That basically tells them that you're aware they've infringed on your copyright and/or useage agreement. Registering the images with the copyright office...NOW, is very important. http://www.copyright.gov. Find the forms for visual arts. Deciding how much additional use fee you want (if it hasn't been specified in your agreement) asking them to pay it, and of course, talking to a lawyer who specializes in intellectual property (a very narrow specialty in the law), is the best advice I can offer you based upon what you said. Take it light.
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Rachel Tabron |
K, thanks for the info!
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Mark Feldstein |
Hey Rachel: One other thing I forgot to mention earlier. Taking the images from the online web site, in theory anyway, violates their copyright as well, as the publisher of your images. In that regard, the nefarious purloined pirateer or your images may be on the (ahem) "hook" to the original buyer of your work AND you as well for infringement. Oh and your cease and desist letter should be sent certified mail (assuming all this took place in the U.S.) and must ask them to stop using your work without written permission. There are different kinds of infringement from "innocent" to deliberate. Not having the copyright symbol may allow them to contend the infringement was innocent, but NOT after you notify them in writing that the work IS copyrighted (and you've in fact registered your copyright). Okie dokie? Mark
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Jerry Frazier |
Right clicking schmlit clicking. All you have to do is go retrive the image in the computers cache. It's so easy. This applies to all kinds of flash sites sites too. It's really not all that secure. It just appears to be. It's like the front door on your house, it looks secure. But, there's probably other ways to get into your house beside needing a key to get into the front door.
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Jerry Frazier |
Sorry, I didn't answer your question. I just wanted to let you know that there are lots of ways to get your images from an online source. As far as what to do. I've had to deal with this situation. I first approched gently. I sent a nice email explaning that doing that is basically stealing. Then I said that I was happy to fulfill their needs, just give us a call. It resulted in success. It wont always come out that way, but I'd start by being really nice and just explaining that it is a copyright violation, and that you will help them get what they need. I also explained that the proof copies online wont look nearly as nice as the final copies I provide, which include touch-ups, etc. I have found that people fall under two categories, 1) they have no idea about stealing and such, or 2) they know, but think they can get away with it. In both cases, when you confront them, they will usually back away and try to make it right. After you are nice, and ask. If they continue to use the image, I would proceed as Mark has suggested. A cease and desist order is a good start. I have had friends who just send a bill for the usage, and that usually catches their attention. If this is your business, you can get collectors involved, and it can get really ugly for them. But, you have to have your ducks in a row. The contract needs to have stated the agreement between you two. And, you need to have your image copyrighted by the US government copyright office.
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Rachel Tabron |
Should I put the big C watermark on the images that are posted on the online ordering gallery? The funny thing about this is that the client who did is a musician so you think he'd really think about "stealing" ones work.
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Erin Tyler |
I make sure to have a big copyright watermark on any on-line proofs, many people just aren't aware that the photographer owns the copyright (and friends and family tend to think it's not a big deal). I'm still perfecting mine (making it big enough to deter people from trying to print them out, but small enough it doesn't take away from the photo).
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Jerry Frazier |
I don't do that on my website for galleries. But, for proofing and such, yes, my name goes right accross the middle of the image. It totally sucks to have to do that. But, you wouldn't believe, since I started doing that, how many requests I get for photos, web-size, screen savers, etc, because they don't want my name in blod going through the image. I don't mention the stealing, I just laugh and tell them that's why I do that, then send them a price list for additional products and services. My sales have slightly increased as a result.
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