Forums > General Industry > Copyright notices on your photos?

Photographer

Ed Verosky

Posts: 40

New York, New York, US

What do you think about copyright notices on your photos?

It seems the copyright notices photographers superimpose on their shots are getting bigger all the time, taking up a larger area of the image than a standard one-line notice.  Some look more like advertising than simple photo credits.  Some are very unobtrusive. 

I often worry about how even my simple copyright notice will affect the end result in terms of being in any way distracting from the original composition and feel of the image.

Models/Photographers: What are your feelings on copyright notices? Do you feel that they take away from your shot? 

Photographers:  Copyright notices a necessary evil, or a good way to protect and possibly advertise?

Jan 17 06 11:35 pm Link

Photographer

Amanda Schlicher

Posts: 1131

Milwaukee, Wisconsin, US

I only use watermarks on web copies, not on prints.  If it's a publication, I just request a one line credit.

Jan 17 06 11:38 pm Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

Copyright notices don't do anything to deter thieves. I add copyright notices for really one reason. To promote myself. That's really the only purpose they serve for me.

Jan 17 06 11:38 pm Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

John Jebbia wrote:
Copyright notices don't do anything to deter thieves. I add copyright notices for really one reason. To promote myself. That's really the only purpose they serve for me.

I'd agree.

I also only put things on the web in sizes I'd expect someone to steal...(ie, not big enough for print or interpolation to print).

Jan 17 06 11:48 pm Link

Photographer

Hamza

Posts: 7791

New York, New York, US

AustinModelPhotographer wrote:
What do you think about copyright notices on your photos?

It seems the copyright notices photographers superimpose on their shots are getting bigger all the time, taking up a larger area of the image than a standard one-line notice.  Some look more like advertising than simple photo credits.  Some are very unobtrusive. 

I often worry about how even my simple copyright notice will affect the end result in terms of being in any way distracting from the original composition and feel of the image.

Models/Photographers: What are your feelings on copyright notices? Do you feel that they take away from your shot? 

Photographers:  Copyright notices a necessary evil, or a good way to protect and possibly advertise?

Copyright on photos on the web is only Good for self Promotion.  If someone wants to steal your image, they will as long as it's on the net or published.  I personally put a frame around the image with my name as to not interfere with the image.  When I give copies to models, I do not include the frame and trust in them to give me proper credit.

Jan 17 06 11:48 pm Link

Model

Shyly

Posts: 3870

Pasadena, California, US

When a photographer gives me images without the copyright notification, I put it on in small type, usually at the bottom.  It just seems to me like the fair and right thing to do.  (Unless they specifically request I don't, of course, in which case I respect their wishes.) 

I know it doesn't deter anyone with ill intentions, but I have found that a lot of people use my images to talk about size issues, and refer to me and my work, or to me as an example of size activism, by using one of my photographs.  They don't take the copyright notice off, because they don't have bad intentions for the photograph.  By having it there, the photographer gets the proper credit due, which might be lost otherwise by simply posting the photograph.

Jan 17 06 11:55 pm Link

Photographer

500 Gigs of Desire

Posts: 3833

New York, New York, US

Wait until your stolen photos appear on sites like
www.templatemonster.com
your bold embedded copyright may be the only leg you have to stand on when you are in the process of convincing them its yours and they need to remove it.

Jan 17 06 11:58 pm Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

Eric S. wrote:
Wait until your stolen photos appear on sites like
www.templatemonster.com
your bold embedded copyright may be the only leg you have to stand on when you are in the process of convincing them its yours and they need to remove it.

Quite true.

Jan 18 06 12:00 am Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

There used to be a service I used to use.. forgot the name of it, but it would watermark your image with a serial number. And then you can use the services search function to see where that particular image is being used. It got kind of expensive so i stopped using it.

Jan 18 06 12:07 am Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

Eric S. wrote:
Wait until your stolen photos appear on sites like
www.templatemonster.com
your bold embedded copyright may be the only leg you have to stand on when you are in the process of convincing them its yours and they need to remove it.

It's not them I have to convince. They want to play hardball with me, I'll play..

Jan 18 06 12:09 am Link

Photographer

Hamza

Posts: 7791

New York, New York, US

Eric S. wrote:
Wait until your stolen photos appear on sites like
www.templatemonster.com
your bold embedded copyright may be the only leg you have to stand on when you are in the process of convincing them its yours and they need to remove it.

I have the Slides to contest this...
For my Digital Images, I have the RAW files...

Should be enough.

Jan 18 06 12:15 am Link

Photographer

Ed Verosky

Posts: 40

New York, New York, US

Shyly wrote:
When a photographer gives me images without the copyright notification, I put it on in small type, usually at the bottom.  It just seems to me like the fair and right thing to do.  (Unless they specifically request I don't, of course, in which case I respect their wishes.) 

I know it doesn't deter anyone with ill intentions, but I have found that a lot of people use my images to talk about size issues, and refer to me and my work, or to me as an example of size activism, by using one of my photographs.  They don't take the copyright notice off, because they don't have bad intentions for the photograph.  By having it there, the photographer gets the proper credit due, which might be lost otherwise by simply posting the photograph.

Now, that's a considerate model.  But to address one of the other questions, would you hate it if the photographer put a big 'ol logo that covered, say, about 1/8 of the image space (not the middle, but on the side)?

Jan 18 06 12:20 am Link

Photographer

Vintagevista

Posts: 11804

Sun City, California, US

I'll mark all of mine once in a clear manner for the web. AND once in the body of the image in a high transparency form.  Not so much for myself - but for the models that I have worked with.

If anybody would steal an image - they might crop out my normal mark - but I doubt that they would check it with high contrast settings to see my 2nd mark.

But then, I don't expect that my shots would be that highly desirable to steal - Heck, few folks even look at them.

VintageV

Jan 18 06 12:20 am Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

Vintagevista wrote:
I'll mark all of mine once in a clear manner for the web. AND once in the body of the image in a high transparency form.  Not so much for myself - but for the models that I have worked with.

If anybody would steal an image - they might crop out my normal mark - but I doubt that they would check it with high contrast settings to see my 2nd mark.

But then, I don't expect that my shots would be that highly desirable to steal - Heck, few folks even look at them.

VintageV

That's an awesome idea!

Jan 18 06 12:24 am Link

Photographer

Timothy

Posts: 1618

Madison, Wisconsin, US

Putting copyrights on web photos is a very good idea in addition to registering the works with the U.S. Copyright office here: http://www.copyright.gov/register/visual.html

There are additional fines for copyright infringers who remove a © notice from an image.


-TMH

Jan 18 06 12:24 am Link

Photographer

Morton Visuals

Posts: 1773

Hope, Idaho, US

John Jebbia wrote:
Copyright notices don't do anything to deter thieves. I add copyright notices for really one reason. To promote myself. That's really the only purpose they serve for me.

Not true. I used to put a small notice along a border of my web images. Then I had 2 from my website show up in 1-900 ads in the OC Weekly (with the notice cropped out). I'm starting to put my URL on all images where it overlaps the subject enough to make cleanup/removal too much of a pain. (I've just gotten a new logo designed, which will be centered at 5% opacity on all images very shortly). I'm not trying to sell those images, so I don't care if it detracts a bit -- better that than having more models thinking I'm selling their images to phone sex companies.

Wm

Jan 18 06 12:54 am Link

Photographer

Vintagevista

Posts: 11804

Sun City, California, US

John - wish I could take credit for it - I used it a lot to check for "WhiteWording" on Ebay images.  (White words on a light background to jam the search engine with one sellers stuff - Will get you kicked off Ebay in a heartbeat)

But I only use my evil knowledge for good, truth and justice    :-)

VintageV

Jan 18 06 12:56 am Link

Wardrobe Stylist

stylist man

Posts: 34382

New York, New York, US

John Jebbia wrote:
Copyright notices don't do anything to deter thieves. I add copyright notices for really one reason. To promote myself. That's really the only purpose they serve for me.

No,  the penalty for use it considerably more.

See Eric MUss Barnes,  he knows all about it.

Jan 18 06 01:17 am Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

MHana wrote:

No,  the penalty for use it considerably more.

See Eric MUss Barnes,  he knows all about it.

Ah but whether the image has it *on* the image, or *next to* the image makes no difference to the penalty.

The other MAJOR factor in penalty cost for someone stealing copyrighted material is if it's actually been sent in vs, not sent in to the copyright office.

Jan 18 06 01:20 am Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

raveneyes wrote:
Ah but whether the image has it *on* the image, or *next to* the image makes no difference to the penalty.

The other MAJOR factor in penalty cost for someone stealing copyrighted material is if it's actually been sent in vs, not sent in to the copyright office.

Regarding the Copyright Office:

1) Do most photographers generally copyright an entire work? Like, lets say you shoot a set of 60 images of a model. Do you copyright each image individually, or do you copyright the entire set?

2) Do you copyright even the images you don't plan on using.. just in case?

3) Does registering your images protect derivative works such as if you were to make modifications to images, or lets say if you were to use portions of images in advertisements, banner ads, etc?

4) For those that do TFP & register their images, does this delay the time it takes to get the photos to the model?

Jan 18 06 03:02 am Link

Photographer

DogmaticArt

Posts: 28

Atlanta, Georgia, US

Hamza wrote:

I have the Slides to contest this...
For my Digital Images, I have the RAW files...

Should be enough.

-AMEN

Jan 18 06 03:07 am Link

Body Painter

BodyPainter Rich

Posts: 18107

Sacramento, California, US

Necessary evil, and way to advertise. A large portion of my web hits come from people typing "Second Skin Images" right into the search engine or browser....gee wonder where they saw the name?

Jan 18 06 03:22 am Link

Photographer

Michael Palmer

Posts: 22

Southampton, England, United Kingdom

I guess i should contribute here as my "logo" on the images i shoot is on the largish side.

I thought about adding a larger border and putting any text there, but thats just too easy to crop.  Its not really stopping people using the images and removing my text though.  Just this week i found images on two websites - both using my original "branded" image - but both with all of my text missing.

On one side the image had been made square - but they'd added in a new text credit for me.  Fair enough - i let that one side.  However on the other they just cropped around my text and used that image adding their own branding in the process.  It was a bikini competition for the model - but i had them pull the photo down as they refused to give credit.

However i plan to keep using the same branding on my web images.  Anything that is printed or sold comes without the branding.

Jan 18 06 03:22 am Link

Photographer

Fantasy On Film

Posts: 667

Detroit, Michigan, US

ALL digital images that I shoot are backed up on a CD in original capture.

I tag my online images with my website, it's the only way for someone who sees my work to get in touch. I provide paying models/clients with digital images WITHOUT photo credit tags/copyrights, as I have an original CD of images for my perminent file.

NOTHING will prevent theives and theft.

Oliver Cole

Jan 18 06 04:05 am Link

Photographer

'Monk

Posts: 1779

Denver, Colorado, US

Promotion plain and simple, cause if someone is going to steal the picture I doubt a copyright is going to stop them.

Jan 18 06 04:40 am Link

Photographer

Dreams To Keep

Posts: 585

Novi, Michigan, US

Second Glance wrote:

Not true. I used to put a small notice along a border of my web images. Then I had 2 from my website show up in 1-900 ads in the OC Weekly (with the notice cropped out). I'm starting to put my URL on all images where it overlaps the subject enough to make cleanup/removal too much of a pain. (I've just gotten a new logo designed, which will be centered at 5% opacity on all images very shortly). I'm not trying to sell those images, so I don't care if it detracts a bit -- better that than having more models thinking I'm selling their images to phone sex companies.

Wm

Here also - I've found or have been told of several instances where my images were being used without my authorization/ knowledge.  A digital watermark is easy to do. (new layer- add words - transperancy=10-30 depending on how much it shows and then merge)  Its is not for promotion so much as it is for protection.  Sad to have to do that but there it is.

Jan 18 06 07:11 am Link

Photographer

Vito

Posts: 4582

Brooklyn, New York, US

John Jebbia wrote:

Regarding the Copyright Office:

1) Do most photographers generally copyright an entire work? Like, lets say you shoot a set of 60 images of a model. Do you copyright each image individually, or do you copyright the entire set?

It would be very expensive to copyright each individual image. You can put all the images on a CD and send the entire work in for copyright purposes. As a matter of fact, you can put all your work for a week/month/year (depending on how much you can fit on a CD) and call it PHOTOS JAN 2006 and all the images on there will be copyrighted. They don't have to be of the same subject/model

2) Do you copyright even the images you don't plan on using.. just in case?

It'd be best to.

4) For those that do TFP & register their images, does this delay the time it takes to get the photos to the model?

Why would it delay? They are two independent functions. The images are automatically copyrighted the instant you clicked the shutter. The sending in of the copyright form and images formalizes the process (and provides stronger protection). You can give the model her copies as soon as you're done with the shoot, if that's how you operate.

Jan 18 06 07:51 am Link

Photographer

nathan combs

Posts: 3687

Waynesboro, Virginia, US

i do not put copy right on mine but what i do is when i put them in my on line portfios is they are logged in on the date and time that there put up by the site ie i lied a photo on www.usefilm.com time 1400hr 1/12/06 so if any one that i find that is using the photo with out my consent and they say that it is there i can reference the day and time that i put it up now since i shoot film i can also provide the natives and i have all my photos on cd so i have the original cd then if i find that some one is using my photos with out my consent i will then sue them ;->

Jan 18 06 08:12 am Link

Photographer

Jeff Fiore

Posts: 9225

Brooklyn, New York, US

Timothy M. Hughes wrote:
Putting copyrights on web photos is a very good idea in addition to registering the works with the U.S. Copyright office here: http://www.copyright.gov/register/visual.html

There are additional fines for copyright infringers who remove a © notice from an image.


-TMH

By registering your copyrighted material, if the courts find that the infringer purposely and willfully used your copyrighted materials, the courts can award you up to $150,000 per incident - That's worth the $30 fee to register a CD full of images.

If the infringer proves the infringement wasn't intentional, the award is usually $200. If you have a copyright notice on the photo and the infringer removed it to use your image, the infringer cannot claim it wasn't intentional.

Jan 18 06 08:44 am Link

Model

ModiX

Posts: 67

Stockholm, Stockholm, Sweden

Eric S. wrote:
Wait until your stolen photos appear on sites like
www.templatemonster.com
your bold embedded copyright may be the only leg you have to stand on when you are in the process of convincing them its yours and they need to remove it.

That actually happened to me. I found a bunch of pics in different layouts on templatemonster.com. And as far as I could see they had sold full rights to the  usage of all pictures included about 67times when I found out. Shame on them.

So, I put a bif fat annoying semi-seethrough credit on all my pics I put online since then. And I usually add a little © on pics I've modelled for unless the photographer prefers me not to.

Jan 18 06 08:56 am Link

Photographer

Marcus J. Ranum

Posts: 3247

MORRISDALE, Pennsylvania, US

I don't waste my time putting copyright stuff on my images.

Why?

If someone wants to steal them, they can photoshop the copyright out, unless I put the copyright so prominently that it ruins the image. Given the choice between:
{ protect image; ruin it }
{ do not protect image; have it look good }
I'll choose the latter every time. More importantly, I'm an artist and I do this for fun. So if someone steals one of my images, as has happened, I am not suffering any financial damage. In fact, I'd be thrilled as anything if someone stole one of my images and published it and made a ton of money off of it. Because, by the time the lawsuits were over, the money would be mine. Or my lawyers', anyhow. And if there's not enough money involved to make it worth unleashing a legal blitz, then there's not enough money involved to get upset over, either.

Remember that under the Berne convention (to which the US is signatory) it is no longer necessary since 1989
http://en.wikipedia.org/wiki/Berne_Conv … stic_Works
to actually take explicit steps in order to protect copyright on artistic works. Merely the act of creation is sufficient.

I keep an unmodified version of the original file, for all my digital works. Of course I have the negatives for my film works. But if I needed to prove the provenance of one of my digital works I've got the full-resolution version with all the dust spots and contrast problems and models' tattoos - and I have the model release dated for the shoot and probably could still find the model if I needed a corroborating witness. So the chances that someone could successfully claim one of my images are nearly zero. I'd consider it a tremendous success if someone wanted one of my images so badly that they'd go to all the trouble!! smile

I've had several weirdos post my photos as "this is me!" shots on myspace or whatever, and that actually doesn't bother me much. If some 300-lb sweaty guy living in his mother's basement wants to pretend to look as good as Rael or Nerlande, I can certainly understand it! smile I just ask them to take the image down,and they usually apologize and that's it.

mjr.

Jan 18 06 09:06 am Link

Photographer

Images By Ijumo

Posts: 282

Atlanta, Georgia, US

Oliver Cole wrote:
ALL digital images that I shoot are backed up on a CD in original capture.

I tag my online images with my website, it's the only way for someone who sees my work to get in touch. I provide paying models/clients with digital images WITHOUT photo credit tags/copyrights, as I have an original CD of images for my perminent file.

NOTHING will prevent theives and theft.

Oliver Cole

I had images snatched from this site within 24 hours of posting and then circulated to adult yahoo groups...at that time my watermark was displayed down the side of the image.  It was cropped of before reposting .. so now I tag my images right across the middle for web images.. If someone wants to see the work they can see it but its a heck of a lot of ps work to remove the watermark.  Since going to this format I have not seen my images circulating even though I have posted more appealing images to steal.  So I do think that tagging them will deter some internet thieves but not all.. bottom line if they want it they will take it and do the work to remove what they need to.

Jan 18 06 09:06 am Link

Photographer

500 Gigs of Desire

Posts: 3833

New York, New York, US

ModiX wrote:
That actually happened to me. I found a bunch of pics in different layouts on templatemonster.com. And as far as I could see they had sold full rights to the  usage of all pictures included about 67times when I found out. Shame on them.

So, I put a bif fat annoying semi-seethrough credit on all my pics I put online since then. And I usually add a little © on pics I've modelled for unless the photographer prefers me not to.

Exactly. Its not so much a legal issue, its more of a "pain in the ass" issue. Especially when your polite e-mails are ignored.
Plus folks are less likely to steal your images if you have your copyright on them, plus I don't give a damn what people on the net think anymore, the offended people are lurkers & gawkers, not clients.

Jan 18 06 09:06 am Link

Photographer

Morton Visuals

Posts: 1773

Hope, Idaho, US

Timothy M. Hughes wrote:
Putting copyrights on web photos is a very good idea in addition to registering the works with the U.S. Copyright office here: http://www.copyright.gov/register/visual.html

There are additional fines for copyright infringers who remove a © notice from an image.
-TMH

Excellent advice Timothy. There is an article in the current ASMP San Diego magazine on this: http://www.asmp-sd.org/documents/Jan200 … letter.pdf. This was written by an attorney specializing in Copyright law.

Wm

Jan 18 06 09:13 am Link

Photographer

Morton Visuals

Posts: 1773

Hope, Idaho, US

Jeff Fiore wrote:
By registering your copyrighted material, if the courts find that the infringer purposely and willfully used your copyrighted materials, the courts can award you up to $150,000 per incident - That's worth the $30 fee to register a CD full of images.

If the infringer proves the infringement wasn't intentional, the award is usually $200. If you have a copyright notice on the photo and the infringer removed it to use your image, the infringer cannot claim it wasn't intentional.

EXACTLY!!!  Removal of a superimposed watermark/notice is not only a lot more work than most thieves want to do, but it quickly negates the "I didn't realize it was copyrighted" arguement!

Although I have to correct your last point. My copyright suit netted $15,000. Certainly not $150k, but a nice award nonetheless.

Wm

Jan 18 06 09:19 am Link

Model

Shyly

Posts: 3870

Pasadena, California, US

AustinModelPhotographer wrote:
Now, that's a considerate model.  But to address one of the other questions, would you hate it if the photographer put a big 'ol logo that covered, say, about 1/8 of the image space (not the middle, but on the side)?

Why thank you!

Normally, for me there is definitely a limit to how much watermark action I think is fair before it turns into a neon billboard and the point of the photograph is lost.  I'm generally not interested in creating images like that - what's the point?  I do this to participate in the creation of art, and to get people talking and thinking about their body assumptions, not because I have an illustrious future career that I'm aiming toward.  For me, the pictures themselves have to be worth it, or the whole thing is a wasted endeavor.

There are, however, some shooters who are just so damn good that I'd reconsider that.  Bruce Talbot, for example - we're going to shoot together the next time we're in the same town.  He is Watermark Man.  His work is just so gloriously glossy (I think of it as really really well done eye candy) that I just can't bring myself to care.

I guess for every rule there is an exception, but you're right, the photographer has to be tremendously skilled before it would be worth it to me for my viewers to have to clamber around a ginormous watermark to see the image.

Jan 18 06 09:41 am Link

Photographer

Jeff Fiore

Posts: 9225

Brooklyn, New York, US

Second Glance wrote:

EXACTLY!!!  Removal of a superimposed watermark/notice is not only a lot more work than most thieves want to do, but it quickly negates the "I didn't realize it was copyrighted" arguement!

Although I have to correct your last point. My copyright suit netted $15,000. Certainly not $150k, but a nice award nonetheless.

Wm

LOL, I said "up to $150,000" and at the discretion of the courts. Most copyright infringements suits are much less, sometimes as low as $2,500 so you "got a good deal" smile

Jan 18 06 10:03 am Link

Photographer

Moraxian

Posts: 2607

Germantown, Maryland, US

I put a small "Moraxian.us" (my domain name) on the photos in a non-obtrusive area of the photo, and in a hidden layer in the JPEG file which is not visible.  That way, I know if someone is stealing and posting my photos out there.

Since 98% or more of my photos are in pay-per-view galleries, it's an issue I have to deal with on a daily basis...

Jan 18 06 10:04 am Link

Photographer

Marcus J. Ranum

Posts: 3247

MORRISDALE, Pennsylvania, US

Second Glance wrote:
Although I have to correct your last point. My copyright suit netted $15,000.

Hey, everyone! STEAL MY STUFF!!!

It might be a good way to sell your photography. wink Just sit home and file claims in small claims court at $1999 a pop, when people on the Internet steal your stuff. In most states the defendant has to appear in person in small claims court, or they lose. And you don't need a lawyer.

"What do you do for a living?"
"Uh, I get ripped off."

mjr.

Jan 18 06 10:14 am Link

Photographer

machinedance

Posts: 7

Alexandria, Virginia, US

i used to put copywrite notices on the actual image but i finally learned that it didnt deter theft in the least & in the long wrong also deters from the quality of the image.. i am currently trying to refine how i present my images online & am liking a small border with a copywrite to my website address for shameless self promotion tongue

Jan 18 06 11:49 am Link