myspace...copyrights

[clarebear]

Don't know if this is the right section for this...

I give my proofs (proofed and copyright stamped) on CDs for my clients to view. Lately, the seniors have been putting their images on their MySpace pages. I'm not sure what to think...does this violate my copyright? And should I even care? I do, but I'm not sure why...

anyone else deal with this?

Clare

[angelsfort]

are they putting them on there for their friends to comment on? To help them decide which to purchase?? Does this maybe generate some sales for you? (make sure you put your contact info on the proofs!!)

I'd say it IS a violation... though

but I'm no lawyer

[Kosherpaparazzi]

What resolution are they?
Is your web address watermarked on it?

If they're low res and (properly) watermarked I wouldn't worry. At least they're not stealing bandwidth from your website (which happens often).

[brian.austin]

As part of the contract, did you limit distribution of your proofs and electronic copies? If not and they aren't making money on it or causing you to LOSE money (and you can prove it), I'm not sure you'd have any recourse, regardless of the copyright status.

If it's in the contract, that's one avenue. Someone else will know better, I'm sure.

[Latinbob]

I had the same thing happen last year when I shot a high school fashion show for my niece. We put up a gallery of web-sized shots for the kids to look at their pictures and they IMMEDIATELY started downloading them and using them for MySpace and such. I shut down the gallery and watermarked the shots, then re-uploaded them. Guess what? They STILL used the pictures on their MySpace pages, even with the watermarks.

In my experience, kids, particularly teens and tweens, feel that anything thats on the web or electronic they should get for free. Needless to say I didn't volunteer to shoot the fashion show this year!

Bob

[dsp]

It is a violation, you can tell them to take the images down, but I generally prefer to ask that they give proper credit for the photo with contact info/URL. You might get more sales that way. I'm not a fan of unauthorized use, but I look at it like cheap advertising...

[dougsmit]

You might well make more friends and referrals if you stated a reasonable MySpace policy as part of the session fee. Perhaps allowing use of reduced size images purchased as prints would be more to your liking but including full MySpace use for any user with profile set to private would appeal to parents, too. You may be right that this use is unauthorized but the kids will be hard to police unless you are into hiring a full time employee and, right or wrong, you have nothing to gain being known in the school community as a gouger. On the other hand, being known as a good place to go for photos might even return more than you fear you are losing when next year's Seniors go shopping and this bunch starts looking for a wedding shooter. Raise your session fee to cover what you feel this is worth and find something else to worry about.

[clarebear]

wow, thanks for all the feedback! the images are stamped with my copyright and studio name, and are low res. i guess the only thing i was really "worried" about is that these kids just really don't know about copyright and that was scaring me a little. i feel like if they would ask me, it would be NO problem.

i messaged a kid and said JOKINGLY "you know i can sue you for violating my copyright...but i won't because i'm so cool and nice like that." so, just letting him know that there is a copyright issue, but as long as he keeps my copyright visible i'm cool.

i just want people to be aware i guess.

clare

[Kosherpaparazzi]

They should teach copyright ethics in school.

[clarebear]

Originally Posted by Kosherpaparazzi

They should teach copyright ethics in school.

yah! copyrights 101.

i wonder if there is a copyright for dummies book??!!

[jfrancho]

The legal issue aside, isn't this the very reason you (and I) watermark and release low res images to the customer? What I mean is, it isn't that big a deal, since it is clear that you did them. Or is it? I let my band customers do what they want with the low res images, and in fact, some are customers purely for myspace, as long as they post a link back to me or leave my contact details on the site. I do include usage rights when I deliver the files.

[semperfi]

This thread reminded me of one I had read over at dpreview.

Senior Portraits and My Space [Page 1]: Pro Digital Talk Forum: Digital Photography Review

[waple]

Most people feel and/or assume that if the picture is of them, they own the copyright because, you know, it's them.

[clarebear]

i actually just got a message back from the kid. he was very apologetic and said that he thought it was OK since my stamp was on them. i told him i didn't mind and i was just teasing him about it-- no apologies. i told him as long as he keeps my stamp and brags about me to all his friends, i am cool with it.

i kind of like to see which ones they post up, so i know what they like the most.

thanks for the discussion, im glad to hear what others think of this.

clare

[slinscott]

I look at my visible stamp on low-res images as advertising. It's a lot cheaper than direct mail and hits a more refined target group.

[Mark McCall]

Originally Posted by clarebear

Don't know if this is the right section for this...
I give my proofs (proofed and copyright stamped) on CDs for my clients to view.

Clare,
I don't know anything about your operation, or even if your a pro or serious amateur, but I can tell you that giving proofs out on CD is business suicide.

Every time those images are viewed by the client, the emotional value drops....dramatically...to the point that your client will talk themselves out of all but their absolute favorites....even then, they will buy smaller prints.
Why?? Because the emotional value has dropped so much, they simply don't