Copyright blah blah blah...

MissCream · May 9, 2011

So I did some pictures for a friends girlfriend and she entered one of them in a contest in which she won part one of two and the second part is for a trip (It is a nightclub).The picture she entered has my watermark on it which was cut off.... (I am assuming by the club) Is there anything I could do? No one signed anything but I don't think the club has the rights to cut off my watermark or to alter the picture at all.... I'm peesed. Here is the picture from the site.

kundalini · May 9, 2011

You have 90 days to register the image from the time of capture timestamp.

You may also find this interesting.

Bonus: Interview with Copyright Attorney Ed Greenberg | Photoshop User TV

Peanuts · May 9, 2011

Read the fine print of the entry. I bet you there is a line in which by submitting copyright is transferred.

Christie Photo · May 9, 2011

Hmmm.... what do you want to happen? Do you want it taken down?

I bet your friend's girl assured them it was OK to use the photo. Didn't you know how the photo was to be used?

-Pete

AtuspidsGoddess · May 9, 2011

It's azzz whooping time! LOL...jk. Wow I can't believe she did that...but I'm sure she prob wasn't aware that what she was doing is copyrights infringement...and the club prob assumed the image was hers....and OK to use?

MissCream · May 9, 2011

Christie Photo said:
Hmmm.... what do you want to happen? Do you want it taken down?

I bet your friend's girl assured them it was OK to use the photo. Didn't you know how the photo was to be used?

-Pete

Yeah it was to be used for her Avon website...

Surely the club would know NOT to cut off a photographers watermark.. I don't know what I want to happen, good question! I guess I'm just kinda irked that my picture was used for something I didn't want it to be. If the full image is used and my watermark is on it then it would be good publicity but if they cut it off then I'll be pissed.

Oh and Peanuts I LOVE your photography, I have your Flikr bookmarked, I didn't know you were on here until someone pointed it out.

kundalini · May 9, 2011

Peanuts said:
Read the fine print of the entry. I bet you there is a line in which by submitting copyright is transferred.

Hey Brittany. Haven't seen you around for a while.

Bitter Jeweler · May 9, 2011

Contact the club, and supply them with a suitable mark to put on it. I mean if you are cool with them using it, and the publicity. You could leverage it that you are the copyright holder, and didn't know it was submitted.

*shrug*

Yer famous!

MissCream · May 9, 2011

Bitter Jeweler said:
Contact the club, and supply them with a suitable mark to put on it. I mean if you are cool with them using it, and the publicity. You could leverage it that you are the copyright holder, and didn't know it was submitted.

*shrug*

Yer famous!

:greenpbl:

There was a suitable watermark on it.... I would be more okay with it if it was in the city I lived in. I'll figure it out! Thanks for all the input!

480sparky · May 9, 2011

If you simply don't want them using it, just contact them and tell them.

If they refuse to cease, then you need to start applying more pressure.

889Media · May 9, 2011

I would think that if someone is holding a contest like that, the terms would state something that the one who submit the photo is responsible for the copyright etc - and that those holding the contest (the nightclub at your case) is free to use the image as they want. This includes removing any watermark and altering the image in the way they want.

What you can do, is to contact them and say that you own the image and all copyrights, and tell them what you want. But on the other hand, that could maybe result in them taking some actions against your friends for submitting an image they don't own?! Did you know that she would use the image in a contest? If you made the image for her to enter, then you should maybe just let it go? If they never mentioned anything about altering the image, that it had to be without watermarks etc, then you can just ask them to stop using the image and withdraw it from the contest.

At least they could include some credits to you MissDream when they use your pictures...but maybe that all goes to your friend who sent in the picture :/ Nice image though

ohz... *MissCream*

Geaux · May 9, 2011

Once you did the shot for her and surrendered the pictures to her, doesn't it make it her image to do whatever she wants with?

I look at it as giving a guy a hockey stick and he becomes legendary b/c of it and somehow you want something out of it b/c of a gift you gave to them.

Not sure what you're looking for out if though, credit, the trip, it taken down?

Peanuts · May 9, 2011

MissCream said:
Oh and Peanuts I LOVE your photography, I have your Flikr bookmarked, I didn't know you were on here until someone pointed it out.

Aw. Thanks so much! I use to be a regular here but kind of come and go.

kundalini said:
Hey Brittany. Haven't seen you around for a while.

Heh ya. I actually 'came back' a couple of days ago when I noticed some people were coming to my site from here. Things have changed a wee bit in a couple of years

Geaux · May 9, 2011

Link to said Flickr?

I'm a huge fan of the balloon setting on our blog, seriously awesome!

/offtopic

Bitter Jeweler · May 9, 2011

Do we have another example of why, even for friends, and even for a free shoot, you should have a written contract, if you wish to protect how your work is used?