Photography - Copyright and Fair Use

MikkiStreak · 10-26-2007, 12:32 PM

I saw something in the Shout Box that made me want to open this thread for discussion/advice. I'm a member of a few photographer forums where I've seen a *lot* of discussion by photographers lately dealing with copyright and fair use laws.

Off the top of my head, I know of one photographer on here (Leigh) who has posted in the past when brides ask for advice about their photography contracts. Leigh has given advice for brides to ask for ownership of their images. I never really gave much thought to this until I started seeing the other side of the argument from photographers.

As more and more cases are filed in the courts about copyright infringement in the music industry- the focus is going to start shifting toward other industries also. In fact, it's gotten so absurd that just within the last few weeks, a case has been filed by a women who posted a short video on Utube of her small child bobbing in time to music in the background. The music industry went into action on this to have the home video removed from the website on the grounds of copyright infringement.

I really want to encourage brides to address these kind of issues in your contracts with your photographers. Most photographers I've talked to and seen postings from are usually ok with the images being online as long as credit is given.

BUT, I've seen a handful of photographers really go off about this too---- under the claim that when clients post images in their online albums, websites, blogs, etc... that it allows people to use software like Snag-It to capture the image, print and distribute it, and thus- screws the photographer out of revenue from their work.

So, it would probably be wise to define these in your contracts--- who has ownership? Is giving credit for the work enough to satisfy both parties? What about the ability to share images online? What avenues can you use to share your slideshows? etc... I would hate to see anyone get a "shock" if their photographer feels so strongly that they would consider any legal action--- but until copyright laws are given more definition in the context of the digital age and use over the internet, it is still a liability for both sides of the argument.

TammyB · 10-26-2007, 12:38 PM

I think it is important to give credit, but I also feel that if you own the rights on your pictures (unless you intend to sell them or something) then I think you should be free to post them as you see fit. In most cases it can bring in more work for the photographer.

Morgan · 10-26-2007, 12:38 PM

I thought when you bought your negatives or a CD of your images you could do whatever you wanted with them. But, sometimes people mention getting a release from their photographers to use the images how they want. There wasn't anything about this in my contract. Has anyone else purchased a CD of images from Claudia Rodriguez? Did you get written permission to use the pictures however you want?

Morgan · 10-26-2007, 12:44 PM

I do get really concerned about people posting BD pics. I worry about porn sites getting ahold of them & using them in a way that most people would not like. I don't think the pictures are porn, but they are sexy & I could still see people paying to look at them. I think it would be terrible if these pictures meant to be just for someone's future husband end up on sites for creepy guys to oogle at. Our posts do come up when you do a google search. So someone running a porn site could just search "BD pics" and get all sorts of pictures.

I totally understand wanting to share the pictures. It helps other people build up the confidence to take them and it helps to get ideas for the types of pictures to take. I just want to make sure no one get exploited. I could also see a photographer being worried about their work ending up on trashy sites.

TammyB · 10-26-2007, 12:49 PM

I remember a while back when we had another website steal some of our pictures and post them on their site and try to make fun of them. At that time we advised eveyone to put water marks on their pics.

starchild · 10-26-2007, 12:58 PM

Quote:

Originally Posted by TammyB

At that time we advised eveyone to put water marks on their pics.

You know I'm lame with lingo.....what does that mean?

Morgan · 10-26-2007, 12:59 PM

Quote:

Originally Posted by TammyB

I remember a while back when we had another website steal some of our pictures and post them on their site and try to make fun of them. At that time we advised eveyone to put water marks on their pics.

What were they making fun of?

maybe we can figure out a safer way to share BD pics then. maybe set up a group account with something like shutterfly that is password protected. Then people have to PM a mod for the password and only active members can ge the password.

I did a quick google image search for "BD Pics" & a BDW member of the month symbol shows up. I clicked it & it takes you to a page about someone's BD pics. Luckily they didn't post them on the thread. But if they did, those pictures might have shown up in google images.

TammyB · 10-26-2007, 01:21 PM

Water marks are where their is writing over top of the pic's.. I think Anny has them on her photos..

I forget what they said about the pictures, they were "searching" for something bad to say, it just to be rude and it was clear they were jealous of the girls they used. We do have a BDW photobucket account, so girls can always post it in there..

starchild · 10-26-2007, 01:24 PM

It's definitely creepy. I honestly try not to post too many identifiable pictures anywhere online (that's why my avatar pics are usually pretty small...lol) Once I read a post here where someone mentioned they had someone else's wedding picture saved because they liked their hair or dress or something like that. It opened my eyes to the issue because people do put their children's pics/their BD photos online. Not that I distrust anyone specifically here but the world is nutty and who knows what people do in real life outside of forums/myspace/etc. I shudder to think!

Tammy I totally know what a watermark is now...I just never knew the name. Thanks :o)

TammyB · 10-26-2007, 01:33 PM

It's true, however now a days with Myspace, people need to wonder what is really out there on them.

I'll give you an example, today on our rescue site someone posted that her sister has a Boston and I guess he is 6 months old and has mange (not the bad kind) but the owner doesn't have the money to treat it so they are getting rid of the puppy, well the sister is involved with the rescue and she asked if we can take her in and treat her because her sister will put the puppy down if no one wants her. SO my DH decided to look to see if the person who works with the rescue is on myspace (he likes to put a face to a name) well come to find out she was, and she's a back yard breader, she has 7 dogs, admitted to her and her husband quiting their jobs to sell stuff on ebay, breed dogs and be a secret shopper. And that's how they purchased their house on 10 acres..

My point to all of this is people do really need to be careful what is out there on them. It's so easy now a days to find almost anything you want to know about someone... Both good and bad... If the situation above, we are rescuing the dog and then of course dropping her from our rescue. You just never know people like you think you do...