Huh?

hugadinosaur · Jan 30, 2012

Maybe I just missed something along the way... But I was fairly certain that most types of art, writing, and all that jazz were the sole creator's own copyright... Regardless of who they sell them too. I mean, unless they legally sell the copyright to someone, but that is all a big cataclysm of a legal process that I don't even want to begin to wrap my brain around.

My client is refusing to purchase my pictures with my watermark on them, as she said that with all previous shoots when she purchased pictures all rights were turned over to her? HUH? Did I miss something? Aren't those pictures still my pictures? What in the world???

I mean.... If I am wrong in any way shape or form or if there is any way possible that there is any thing that I am missing here... I'm just beyond baffled.

I'm just going to keep staring incredulously at this email....

memento · Jan 30, 2012

I, for the life of me, can't understand the whole 'watermark' concept, so I probably shouldn't respond to this.

but... if I was a paying customer, I wouldn't want your 'mark' all over my pictures either.

Overread · Jan 30, 2012

A lot of this might depend on the nature of the work you have performed in addition to the contract between you and your client. Copyright and ownership of should be something you specifically cover in the copyright (and for many customers is a point that should be explained - simply and polietly).

analog.universe · Jan 30, 2012

I would say, regardless of who retains the copyright, I wouldn't want a watermark on photos I paid for.

Joey_Ricard · Jan 30, 2012

Copyright and watermark are two different things.

While you sell an unwatermarked image to a client in the form of prints or license for use, you do not have to give up the copyright.
You determine what the usage is for a particular image while you own a copyright.

Overread · Jan 30, 2012

You know many have the watermark printed on the back of the photos - allows the watermark to be present (ie in the case of a shop being asked to scan and copy) whilst also meaning that its not in the way of viewing.

davisphotos · Jan 30, 2012

It all depends on the contract with your client. Please tell me you had a contract? My next question is are you selling prints or a disc of images? If your client is paying for a finished product, they would be well within their rights to expect that their prints wouldn't have your name slapped over them. I usually include a disc of images with my wedding shoots, and a personal use copyright release, and with my portrait shoots, I give them watermarked photos for free, and they can purchase prints or an unwatermarked disc.

Big Mike · Jan 30, 2012

hugadinosaur said:
Maybe I just missed something along the way... But I was fairly certain that most types of art, writing, and all that jazz were the sole creator's own copyright... Regardless of who they sell them too. I mean, unless they legally sell the copyright to someone, but that is all a big cataclysm of a legal process that I don't even want to begin to wrap my brain around.

My client is refusing to purchase my pictures with my watermark on them, as she said that with all previous shoots when she purchased pictures all rights were turned over to her? HUH? Did I miss something? Aren't those pictures still my pictures? What in the world???

I mean.... If I am wrong in any way shape or form or if there is any way possible that there is any thing that I am missing here... I'm just beyond baffled.

I'm just going to keep staring incredulously at this email....

Firstly, it depends where you are. In Canada, for example, if someone commissions art and pays for it, they own the right to it, not the artist. In the US, it's the opposite and the artist retains the rights.

But as the artist, you can sell limited rights. For example, most photographers who turn over digital images, are also allowing the clients to make/order prints. So they are allowing them limited copy rights, but they may not be turning over full rights to the images, so those clients couldn't sell them image, for example.

So if your client wants to make prints (copies) of the images you gave them, they will likely have to get your permission (if you're in the US). And if that's your intention, they the watermark probably isn't wanted or needed. But if you gave them the digital images, just for proofing or viewing on the computer etc., then the watermark is meant to prevent them from printing & displaying the images.
So what was/is your intention and was it all made clear with the client, before the job was commenced?

I can't imagine that the clients wants to display images in their home, that have your watermark, so are you waiting for them to order prints from you? If so, it doesn't sound like the client knows that.

KmH · Jan 30, 2012

The OP shows no location in their profile, so no one can tell which copyright laws might apply.

orljustin · Jan 30, 2012

As others have said, I wouldn't want your watermark on the images I have gotten from you, regardless of the licensing or rights terms. Especially on personal type images - portraits, etc.