What would you do?

[DeLeon]

I took some Sr. photos a few weeks ago, and today the kid sends me a friend request on MySpace. I was looking at his page and see that he has several versions of a photo I took on there. It wouldn't be a problem, asthis would be good advertisement to his friends, but he has blatantly removed my info from the bottom of the photo. These are scans, he never received digital files. How do I approach this without being the jerk that yells at high school kids?

Here is what he did

[ndsimm]

I would politely give him a life lesson on violating copyrights. If he can get away with it now.....he'll get away with more later. and if you let him get away with it, then why copyright the images for anyone else??

[bigjon0107]

I agree with the above post, just send him a message explaining everything. More then likely it is just ignorance, not anything malicious.

-Jon

[carrbowl]

I'm having this delima (sp?) with dance photos...girls are purchasing some photos but want to post some on their myspace also...how do you go about that???

[jeffkohn]

Originally Posted by bigjon0107

I agree with the above post, just send him a message explaining everything. More then likely it is just ignorance, not anything malicious.

-Jon

I might agree if he had left the copyright/sig in the bottom right, but the fact that he removed it indicates to me that he knew what he was doing.

[bigjon0107]

Originally Posted by jeffkohn

I might agree if he had left the copyright/sig in the bottom right, but the fact that he removed it indicates to me that he knew what he was doing.

oops..must have read over that part

[DeLeon]

OK, I called his parents (i sound so old) and let them know that it would not be a problem if they would just let me know before hand to get my permission. I told her that I dont mind a few of my better shots on his page as long as my info stays intact.

Boy with an average client, I dont have to worry so much, because few people know how to get a good scan out of a 5x7, bu these high school kids are to smart for their own good...and society says if you can get it free, why pay for it.

[carrbowl]

I'll be interested to know if things change...so you think as long as they give you the credit for the photo, you feel ok about them putting it on myspace without paying for it???

[HotHolly]

Next time make your watermark bigger than Keith's - AND provide a myspace image for them to use. :o) Let me explain - it gives you free advertising, and the kid gets a freebie for their blog, myspace, or what have you that they will want anyway. That way you are being presented how you want to be. If you include a package that HAS the low res digital file - odds are the kid would want that package.

As for now - contact the kid and tell him your logo has to stay, otherwise the photo needs to come down. No harm, no foul...Being clear upfront will help these issues not to arise in the future.

Edit - most people have no idea that is a no no. You have to make it explicitly clear. They think they bought the image - copyright isnt something in mind unless you plant it there.

[DEMDeepEllumMusic]

You may want to send them a link to the Mellenium Copyright Act (just do a search here for it since it has been discussed many many times) and remind them that violations are at least a $250 payment to you plus court costs per violation, so if they balk about doing the right thing that may change their mind.

DO NOT LET THIS SLIP, these kids know all about copyright now what with ASCAP and the other music group going after song and movie copyright violators a couple years ago so don't let them give you an " I had no idea story line."

[JenJohnson79]

I don't mind my clients using my photos on myspace or their blogs as long as they give me credit. Like it was said in a previous post it's advertising. I have a myspace account devoted to my photography, and a seperate one for personal use.

[CobyPhoto]

I agree with the DO NOT LET THIS SLIP part. High school seniors KNOW about copy right violation, if only from the music industry and Napster. The mentality of "why pay if you don't have to?" is all to common.

I agree with Paul on this one, make sure he understands what the penalty is, and let him know, you are only doing him a favor by informing him because if someone else isn't as understanding, he could find himself in a bad situation.

I am in agreement about myspace.com...give them a copy, with your mark on it and let them know that they can place it on their profile AS LONG as your mark stays on the photo and it isn't altered. That usually makes the happy.

CJ

[HeatherLou]

I enclose a thank you letter with every CD that is purchased letting my customers know that the image is copyrighted by me, but I put a jpg version and a web version on the CD, and state in the thank you letter that they are allowed to use the web version, that has my name on it for internet use.

[HotHolly]

A couple of people asked me to elaborate - so here it is:

Well, you have a few options here - but in my opinion if you KNOW they want web images to share with their friends, you are better off presenting them with the files, than having them make the files (via scanning) and mess up your hard work.

Use web images as a throw in and ONLY if they leave your studio name intact. If they remove it or alter the image, they will be in violation. Whether or not you want to enforce that is up to you.

So far we have offered this to teens and models without issue. The issues arose if they were NOT given the web images.

People (not all people, but many) dont really understand why the images aren't theirs. So, rather than addressing a frustrating point, just give them what they want - so long as it benefits you.

Short version - the images on their web page is FREE advertising for you for the BEST kind of referral you can get - word-of-mouth. If you make it a thrown in with a package - odds are they'll purchase that package. People will buy what they want if you present it right.

You have options. It comes down to - the kids will most likely do it anyway. So work around it and use it to your betterment...get more clients with it.

We offer low res web files. They are too crappy to print and are for online use only. They are NOT digital negatives. We almost never sell those.

So there are no reprint rights, no alterations, no nothing else - just utilizing something that usually causes issues to get your name in front of a target demographic that blows through a ton of cash without a blink.

In other words - make love, not war. Turn something negative into something positive.

[CobyPhoto]

Originally Posted by HotHolly

People (not all people, but many) dont really understand why the images aren't theirs. So, rather than addressing a frustrating point, just give them what they want - so long as it benefits you.

I have to disagree with this idea. If we, as professional photographers DO NOT address this issue, not matter how sensitive and deaf an ear the clients have, we are only allowing people to steal what we do for a living and weaken already weak copyright law. As a professional photographer you have an obligation to educate your clients on these issues, no matter how frustrating. If you continue to allow it to happen without taking a stand and educating the client, you have no room to complain when they steal your image.

Of course, this could be construed as just my opinion, but I have always lived "do as you would have others do unto you..."

CJ