Copyright Issue - How do I approach this?

rub · Jul 10, 2009

A recent client of mine has made copies of some low resolution images of mine - at least, that is how I am seeing it.

My photos - which were sent to her for online viewing and email sharing only:

And then today I stumble across this:

PhotoXopher · Jul 10, 2009

It's a photo of your photos, is that really an issue?

rub · Jul 10, 2009

She didn't purchase the prints, or the rights to make prints. I do think that is an issue.

PhotoXopher · Jul 10, 2009

Oh, I see... it's not the photo of your photos that's the issue - it's that they made prints of the photos in the first place.

Gotcha

Nice catch.

Send a huge bill for the rights to print your work

Big Mike · Jul 10, 2009

That's part of the problem with sending client digital images for proofing or whatever. They probably don't know the difference between them and high resolution files...and they probably have no understanding of copyrights etc. What they know is that they have digital images and it's only natural for them to want to print them. It's not right, it's not legal...but that's what it is.

Did you let them know, in no uncertain terms, that the files were not for printing?

PhotoXopher · Jul 10, 2009

I'd do the same thing to be honest... (print them). Copyright is so hard to get a grasp on and understand.

The mentality:

"I paid you to take the photos, so if you email me them then they are mine to do with how I please."

"If I hire a photographer to take photos, I should get the photos."

rub · Jul 10, 2009

Yes, I did.
_____________

Hello Ashley,
I would like to invite you to view your photographs at Kristal Burgess Photography.
Please visit my website at http://www.kristalburgessphotography.com/photocart. Click the Access Gallery link and enter in the access code below:
Access code: XXXXXXXX

From there , you can order prints, digital files, an many other custom products.

I have also included 5 low resolution images that have been posted to your Facebook page. These files may be used for email sharing and posting on your profile. They DO NOT include rights for printing or making copies, however.

If you have any questions, please let me know!

Thanks,
Kristal Burgess Photography
http://www.kristalburgessphotography.com/photocart

dxqcanada · Jul 10, 2009

Have they ordering any prints from you ?

rub · Jul 10, 2009

No prints have been ordered yet. She had emailed me a few questions about buying the digial files, but they was some time ago now.

dxqcanada · Jul 10, 2009

How do you know that it is your client that printed the images ?
Are you sure this is your client in the image ?
This is where it will get tough ... you could send the client a notice about copy right infringement and see if they fess up to it. ... it would be difficult to push it further than that without proof.

Maybe you should have put your Logo through the center of the proof images (watermark) ... so clients will not bother printing them.

Big Mike · Jul 10, 2009

I wouldn't get too upset about it. Keep a positive attitude and try to sell file/prints like any other job. However, I hope you learned your lesson...don't send/give out files again, unless you add more protection/deterrents. For example, you could put big/prominent water marks on files that you send. You could put 'do not print/copy' right on the images or on the back of prints.

Getting upset about it (to the client) will only damage your reputation, which in this business, could be a big mistake. If anything, maybe let them know that it's not OK to make prints with those files and ask them not to do it again.

KmH · Jul 10, 2009

Bummer.

rub · Jul 10, 2009

Thanks Mike.

Im not really upset, I just figure that I should say something - just so she knows. I just dont know exactly what to say.

And I am very suprised that our local print shop would even make copies. They all know me - they all know that matermarked copies and proofs and not for copying. Its just kinda strange.

I will drop her a line and let her know the issue is a friendly way.

Thanks

Big Mike · Jul 10, 2009

And I am very suprised that our local print shop would even make copies. They all know me - they all know that matermarked copies and proofs and not for copying. Its just kinda strange.

So were they actually watermarked? If so, I would have a big problem with the lab/print shop....a BIG PROBLEM. A client can maybe be excused because they're ignorant...but a lab should know better. Some of them have been sued over this, which is usually the first step to them being more stringent about this. Maybe ask the client where they printed them...and then release your anger toward them.

Although, maybe the client just printed them herself.

tirediron · Jul 10, 2009

N0YZE said:
The mentality:

"I paid you to take the photos, so if you email me them then they are mine to do with how I please."

"If I hire a photographer to take photos, I should get the photos."

^^ Sadly, this is most definitely the case.

I've had the issue crop up a few times, most recently with some barrel-racing pictures that I shot as part of a cancer fund-raiser. It bothers me, but I have luxury of not actually needing the money I make from my photography.

If the client is going to make a reasonable print order, I would be inclined to let the incident pass, but if she/they don't, then I would contact them and request payment for the prints at your standard rate. I wouldn't expect to actually get it, but it might push the point home.