Copyright issue question

[ahcigar1]

I did some photos for somewhat of a friend of mine this past weekend. I didn't charge her because I asked her if I could do the photos to help build my portfolio. Which she had no issue with. I posted a couple of them up on facebook for people to see some of them and the lady I did the photos for has taken them water mark and all and posted onto her facebook page and is now stating that SHE took the photos herself. I went in and tagged them as my name and also posted under the photo taken by me and she immediately removed the comments and tags and I can't get her to remove the photos from her page or give me the credit at the least. What would you all do in this situation. It is really pissing me off because I took these photos and so at least want the credit for them, but instead she is claming them to be her own. What do I do?

 

[480sparky]

You can sue for infringement in Federal court.

 

[Overread]

What does your contract say? Having a written contract (which has been read over and validated by a lawyer) helps a lot in situations like this. It makes the trail of info as to the agreement between you much easier to follow it also serves as a point where you can clear up any possible misunderstandings about what the client is buying and what you are to provide.

Moving on from there you can file a complaint with Facebook to have the copyrighted content removed (they might ask for proof of this and should outline what they consider to be suitable proof of your ownership).

 

[Robin Usagani]

I would just defriend her. It is just a stupid facebook picture. She doesnt have the high resolution. As far as removing the watermark, probably because she used it as her profile photo and she cropped it. Really.. it is just a facebook photo. Nothing special. No money gained, no money lost.

 

[Big Mike]

That's why a small watermarks are almost useless for protection. If you had a large watermark, with your name etc., across the image, covering her...then she probably wouldn't be able to claim them.

 

[Robin Usagani]

PS... kinda hard to claim them when she is ON the photo.

 

[KmH]

You can sue for infringement in Federal court.

Once you have registered, or pre-registered, your copyrights with the US Copyright office.

http://www.copyright.gov/title17/92chap4.pdf
§ 411 · Registration and civil infringement actions

(a) Except for an action brought for a violation of the rights of the author under section 106 A(a), and subject to the provisions of subsection (b), no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.

 

[Bossy]

Here's the thing. You still have the image to use for yourself. So use it. Taking FB images is pretty much what people/clients do. As for claiming it as her own, just don't work with her again.

 

[CCericola]

You can report it to Facebook and they will probably take it down. I believe there is a form to fill out. I had a similar thing happen and they were talen down by facebook in less than 2 days. Having a client take a facebook pic and using it as a profile pic is one thing. The lady telling people she took the picture is quite another.

 

[ahcigar1]

That's why a small watermarks are almost useless for protection. If you had a large watermark, with your name etc., across the image, covering her...then she probably wouldn't be able to claim them.

I do put large watermak on all my photos across the whole center of the image. But even with the watermark there she is claiming that it is her work. Her friends/family don't know the difference and asume that it is her watermark across the image. And telling her how great the image is. She did a wonderful job, WOW! etc, etc, etc.

 

[ahcigar1]

PS... kinda hard to claim them when she is ON the photo.

I never said that I did photos of HER. I did photos for her. I did photos of her horses. I am not a portrait photographer by any means.

 

[480sparky]

That's why a small watermarks are almost useless for protection. If you had a large watermark, with your name etc., across the image, covering her...then she probably wouldn't be able to claim them.

I do put large watermak on all my photos across the whole center of the image. But even with the watermark there she is claiming that it is her work. Her friends/family don't know the difference and asume that it is her watermark across the image. And telling her how great the image is. She did a wonderful job, WOW! etc, etc, etc.

What kind of watermark did you use? "This is a photograph"?

 

[480sparky]

Once you have registered, or pre-registered, your copyrights with the US Copyright office.

And therein the problem lays.

 

[KmH]

Yep! Sans registration, no legal traction.

Online registration is $35, and you can upload a big bunch of photos for your $35.

Registering Your Copyrights Using the eCO System

 

[Bitter Jeweler]

PS... kinda hard to claim them when she is ON the photo.

I never said that I did photos of HER. I did photos for her. I did photos of her horses. I am not a portrait photographer by any means.

Ah, i thought it was pics OF her as well.

But anyway. At this point, I'd just let it roll off your back, live and learn.

If she claimed she took the photos, and she can't reproduce the same quality, it will all be apparent in the end. So let her have this brief moment of false glory, and NEVER do anything for her again. Ever.

Remember, Karma is a b!tch, and she will get hers in the end.

Use the images in your portfolio. They are yours. If anyone wants to contest that, you have the whole set of images. She only has the 4 (?) you gave her.