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Is it safe anymore?
Posted by: jeberly (IP Logged)
Date: November 13, 2009 04:44PM

I'm still leary about some art director at some big agency grabbibg a photo of mine and I'll never know the difference. Is it safe anymore? --J. Eberly

Re: Is it safe anymore?
Posted by: Rohn Engh (IP Logged)
Date: November 14, 2009 11:40AM

I’ve noticed over the years that one of the first things a photographer ‘just starting out in editorial stock photography’ will ask is “how can I prevent the public from stealing my images and marketing them for themselves?” Images on the Internet are easy to steal. The minor thieves are not easily caught. However, in the area of editorial stock photography, stealing is a rarity because there is no monetary advantage to the publisher, researcher, staff editor, or staff photobuyer.
There are two kinds of stock photographs, editorial and commercial: 1.) The truly editorial picture, taken by a photojournalist, or "made" by a photographer to depict something that happened or could have happened and used as editorial illustration.
2.) The commercial photograph, usually using professional models to depict (in most cases) cliche situations (such as the pretty child romping through a wheat field with a bright red kite and a well-groomed pet dog). It’s for advertising or promotion.
Currently the cost to find and convict an infringer carries a price tag much higher than the usual court-ordered monetary recompense. Even with the use of sophisticated detection software such as PicScout, infringement will continue, much like the stealing of merchandise in brick and mortar retail stores.
Is the photographer liable, the agency, the proprietary on-line service, e.g. Yahoo!, Bing, etc.? Or what happens if someone borrows part of a picture and marries it with two or three other pictures, some which are model-released and others, which are not? And what happens if all of this takes place in a foreign country? All of these are consideration by the copyright owner (you) when thievery happens. To make things worse, the whole case might turn out to be what Copyright Law calls, “fair use.” No damages are realized.
It’s comforting to know that I’ve encountered very little theft in the realm of editorial stock photography, which is used mainly in the publishing world. In the advertising and corporate world, it’s a different story.
If you’re e member of the latter, here are a couple of web addresses where you’ll find information about protection for your images: www.picscout.com; www.digimarc.com . Be sure to check out the archives on the Kracker Barrel to get different takes on this subject. – Rohn






Re: Is it safe anymore?
Posted by: James Cook (IP Logged)
Date: November 16, 2009 10:18AM

Of course, the perfect protection is to keep your images out of sight. Don't put them anywhere on the web, don't send out promos. You may never license a single one of them, but they're safe.

If you want to actually market and license them, you have to accept that there's some risk involved. You can minimize the risk by taking normal precautions. Make sure your copyright notice is visible on every digitally reproduced image. Add metadata so that your branding is electronically embedded within the image. Generate a proper paper trail whenever you do license an image. And - register the copyright for large batches at a time.

Any or all of these steps reduce the chances of an infringement occurring.

Registration makes any infringements that you catch much easier to pursue, since you can recover the costs of the pursuit. In fact, I've had two incidents over the years in which I discovered an infringement of my work. In both instances, when they learned that I had a registered copyright, they settled without delay.

James Cook

Creator of:
METAmachine
FindAPhotographer



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