Instagram situation

Discussion in 'General Shop Talk' started by KMH_86, Dec 26, 2018.

  1. KMH_86

    KMH_86 TPF Noob!

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    Haven’t encountered this before and wanted to get some thoughts. I took a photo of someone and passed it along to them. The person’s face is not shown in the image. That person then posted the photo on Instagram and gave me credit. A company on Instagram saw the image, took a screenshot of it and posted it in their IG Stories. The photo disappears after 24 hours. The photo was edited by them, slightly giving it more contrast. In the story they posted a handful of other personal accounts and a typed a quote. How would you proceed?


     
  2. jeffW

    jeffW No longer a newbie, moving up!

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    First thing I would do is set up a way to automatically place your watermark on all social media images including any quick snaps you might do straight from your phone. This does two things first any sharing that happens even if it's not consensual advertises your name. Second if they remove this and you do decide to go to court I believe you have a much better case in the eyes of a lawyer.

    You could take screen shots, ask them to credit you, send them an invoice for social media usage, talk to a lawyer, etc... but understand if you haven't submitted the image to the Copyright office you are going to have to shell out a bit of coin to fight for your rights.

    Do I like this? No but is the battle worth the win knowing the cost to fight it? In my opinion all advance photographers, amateur or pro, should be placing their watermark on all internet images if for no other reason than to state "I value this piece of work"

    The watermark need not be overbearing just something tasteful so you feel fine giving the image to your friend to pass around.
     
  3. KMH_86

    KMH_86 TPF Noob!

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    I did not post the image. I sent the image to the person in the photo in a personal text message. I’m not going to watermark it in that situation. That person then used the photo on IG, then a company stole it off of my friend’s account.
     
  4. jeffW

    jeffW No longer a newbie, moving up!

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    why not? Yes I am being completely serious, you must've had the foresight your friend is most likely going to post it so why not have a small watermark auto incerted on all images you release? Unless you're a VP with an international banking institution and have the money to fight (recent case you can google search) what advice do you want? Do you know how many times I've found my images stolen - I've even found my images stolen by other photographers! And yes there is some licensing money that I truly could use at times - life sucks for artists (big news there)

    You come here looking to whine either lawyer up and fight the good fight or do something you can actually do.
     
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  5. KMH_86

    KMH_86 TPF Noob!

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    Looking to whine? lol Please tell me more about how you could use licensing money and that life sucks for artists. No, I don’t know how many times you’ve had images stolen. I received some constructive advice by a fellow photographer regarding the situation so I’m glad I asked around.
     
  6. jeffW

    jeffW No longer a newbie, moving up!

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    oh please share
     
  7. tirediron

    tirediron Watch the Birdy! Staff Member Supporting Member

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    Under what conditions did you "pass it along". If you simply said, "Hey Bill, here's a photo you might like." and nothing else, than you have only yourself to blame. Assume that images placed on social media are going to be stolen, and assume that images given to others will be placed on social media. Can't say I'm a fan, but it is the new reality. The vast majority of the world's population doesn't regard taking an image from an on-line source as theft.
     
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  8. Braineack

    Braineack Been spending a lot of time on here!

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    I wouldnt.

    nor should you.
     
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  9. KMH_86

    KMH_86 TPF Noob!

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    Thanks for the replies. After getting some advice since my original post, I filled out the Instagram infringement form. They got back to me in a couple hours and after providing proof of ownership of that image and a quick email enhange, IG disabled access to the content. Pretty easy to get taken care of. Thanks again.
     
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  10. otherprof

    otherprof TPF Supporters Supporting Member

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    As I understand it, a creative work is copyrighted automatically as soon as the "pen leaves the paper." One sends items to the copyright office to make it easy to establish when it was created and therefore copyrighted. Time stamps on the image could serve that purpose. That being said, I agree that in a case like this it is not worth the trouble. Doesn't Facebook own Instagram? 'nuf said.
     
  11. KMH_86

    KMH_86 TPF Noob!

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    It wasn’t trouble from my experience. Quite easy and swift actually.
     
  12. Braineack

    Braineack Been spending a lot of time on here!

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    it already disabled itself after that initial 24hr period....
     

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