Copyright..... does it still actually exist?
Copyright.... the dirty word that as a photographer we love to use and hate to use. I never want to tell a customer they broke the law, but yet, many people do just that.
Here's a fact for you: Anyone who takes a photograph OWNS that photograph. That means the pro you hire to the snapshot with your iPhone, all are protected under copyright laws.
Here's a link to an FAQ by our government about copyrights.
What does all this mean?
Well, recently I found some of my photos, that I put on an advertising site (name curiously omitted) being used somewhere else on the internet. Now, they did say "photo by Brian C Idocks Photographics via !@#$%" but, that's just not good enough really. Still illegal. Here's the rub, do I complain? Do I just let it go? I mean honestly, its just a photo of some cupcakes at a wedding, hardly something that will be the showcase of any of my galleries. But.... they acquired it illegally. Am I getting credit? Well, sort of. Normally if someone asked to use a photo in this way, I'd tell them to give a link to our website at the very least. If it's a company I don't know or will never likely work with (which is the case here), they'd have to PAY for usage of my photograph. Yeah, that's right, photos arent free, neither is the product they're selling.
But..... the plot thickens. Is it worth the trouble to hunt down every illegal usage? Probably not. However, some things are worth it. If another photographer uses my images..... well, they would likely help fund my retirement if I catch them. We do try to make it really hard for a customer to illegally use our images. Not in a bad way! We share most of the rights with our clients, therefore most usages are perfectly legit. Simple.
I had an arguement once with someone over copyright. It went something like this:
- Me- I own every photo I create.
- Them- I don't think that's right.
- Me- Its true.
- Them- I don't think that's right.
- Me- Ok, here's the US Copyright law.
- Them- No, if you sell me an 8"x10" Print of a photo that I paid you to make, I can do anything I want with it, including scanning it and reprinting it.
- Me- Umm, no, read the law
- Them- Well, I don't think that's right
- Me- (throws hands up in frustration and claws at hair)
So you see.... what the law says and trying to actually enforce it are two different things. What do I do? Well, I usually just let it slide, better to not get a name as a pain in the ass. But, pick your battles, sometimes its worth going after it.
That's just how I see it!
-B
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