Copyright blah blah blah...

[Peanuts]

I can almost guarantee when she entered the image there was a clause that said by doing so she was admitting ownership of the image and that she would allow it to be used for promotional (blah blah blah) usage. In all honesty I am surprised they used it given the watermark - most places would just pitch it. What you COULD do is email them and offer to provide a non-watermarked image (seeing as it looks kinda corny) with a credit under the image to yourself or your business or whichever. That way you get proper credit and they get a more professional image.

Personally I wouldn't go all legal on them. Also, hopefully not to rub anyone the wrong way but the chances of anyone seeing your name and actually searching you out for photos is probably quite slim. It sucks. I know. But I wouldn't invest too much effort into this matter IMHO

ETA: uber nice shot by the way.

Link to said Flickr?

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

/offtopic

Aw thanks. It is kind of my photography graveyard - my site is much more consistent Flickr: BrittanyS' Photostream

 

[MissCream]

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?

I believe so.

 

[KmH]

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?

No, it sure doesn't. www.copyright.gov

Remember Napster?

Here in the US, if you haven't registered your copyright, you have little legal leverage to use against an infringer.

When you register a copyright you get a numbered registration certificate that you can refer to in an written communication you have with someone infringing your copyright.

 

[Jarrod268]

Even if no money changed hands and it was done at the request of your friend it might be considered a work for hire... Meaning the requisitioner owns it.

Trying to remember my copyright law class

Sent from my Droid using Tapatalk

 

[vtf]

The other day I looked up the various user names I have on photography websites such as Photobucket. To my amazement my images were on third party sites being offered as computer backgrounds or for graphic design usage etc. I contacted some and they took them down, blocked my albums but some sites require membership before you can contact anyone. Some even show the copyright info on them and still they are offered. Their excuse is they are a search engine and they found my tags so they show the images.
Just think if my shots were good.

 

[MissCream]

I emailed the club and found out that it is just a random draw of members on their Facebook page. So she didn't enter it, she just had it as her profile picture with my watermark on it and they cropped it. Also there are NO rules or regulations for the contest.

 

[RedWylder]

/a

Link to said Flickr?

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

/offtopic

/agreed...love the balloons!

 

[Josh66]

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

I bet there is another line that says you can only submit photos that you own the copyright to...

 

[ababysean]

In my contract it states:

• All images are copyright CrystalBelle Photography.

* Copying, scanning, downloading, emailing or reproducing these images without written consent is in direct violation of the copyright.


* Changing images in any way including, but not limited to, converting color or any other means of changing the original artwork is in direct violation of the copyright.


* Images may not be used for financial gain including, but not limited to, modeling portfolios, contests and resale without written consent.


* If images are found to have been in violation of copyright you will receive a bill for the digital file at double the current high resolution file rate. If this bill is not paid the photographer has the right to pursue further methods of obtaining compensation.


* You are welcome to tag any images that are posted on CrystalBelle Photography’s Facebook fan page to share with friends and family.

 

[KmH]

Even if no money changed hands and it was done at the request of your friend it might be considered a work for hire... Meaning the requisitioner owns it.

In the US Work-for hire applies to employees, not independent contractors, unless both parties sign a document otherwise: http://www.copyright.gov/circs/circ09.pdf.

 

[Josh66]

* If images are found to have been in violation of copyright you will receive a bill for the digital file at double the current high resolution file rate. If this bill is not paid the photographer has the right to pursue further methods of obtaining compensation.

Sounds like a slap on the wrist...

Just make them pay double, and the infringement is forgotten?

 

[ababysean]

Actually, if they just call me and ask I will give them a written notice with a watermarked image they can use for free... it IS their photo and I don't mind, as long as I know... I don't want them using a picture I took to try to win a cutest kid contest or the like from another photographer... see what I mean, but a cute contest for a newspaper or something is fine by me, I just want to know and I'd like to watermark the photo.

 

[MissCream]

I emailed the club and found out that it is just a random draw of members on their Facebook page. So she didn't enter it, she just had it as her profile picture with my watermark on it and they cropped it. Also there are NO rules or regulations for the contest.

Does this matter though? She didn't enter it and there are no rules to the contest.

 

[KmH]

In my contract it states:

• All images are copyright CrystalBelle Photography.

* Copying, scanning, downloading, emailing or reproducing these images without written consent is in direct violation of the copyright. Not if they are used within the bounds of US copyright 'Fair Use' provisions.


* Changing images in any way including, but not limited to, converting color or any other means of changing the original artwork is in direct violation of the copyright. Not if they are used within the bounds of the 'Fair Use' provisions.


* Images may not be used for financial gain including, but not limited to, modeling portfolios, contests and resale without written consent. Financial gain is not a requirement for being guilty of copyright infringement.


* If images are found to have been in violation of copyright you will receive a bill for the digital file at double the current high resolution file rate. If this bill is not paid the photographer has the right to pursue further methods of obtaining compensation. If your copyrights are not registered, what "further methods of obtaining compensation" for copyright infringement would you possibly persue. You could file a 'Breach of Contract' action, but that is not about copyright.


* You are welcome to tag any images that are posted on CrystalBelle Photography’s Facebook fan page to share with friends and family.

If you haven't already done it, I recommend you have a qualified attorney verify your contract is actionable.

If an attorney has checked over your contract, find a better attorney.

 

[ababysean]

To be honest, I really do not care, but this is just to defer people from doing so. I rarely do digital files any more anyways, and I put Emboss texture on all prints so if they do scan them in, they are all dotty and grainy, and won't want to print them or submit them anyways.

I'm not looking to go out and sue anyone because they use a photo I've taken....