15 Mar 2017

A question about : photo copyright

Hello,

Not sure if this is the right place to talk about my issue.
I have found some other threads on that subject which were helpful but not related enough to my query.

Here is the issue:
I have taken some pictures and gave a JPEG copy of them to someone (I never give away my RAW pictures) so they can use them as long as they would credit my name on those pictures. There are no trace of that discussion, it was all verbal and pictures given via usb, not emails.

This person and I don't talk anymore and I have just realised that as a consequence they have stopped credited my name on the pictures cause this person is upset with me but they still keep using my pictures, not upset enough obviously...
This person is using the photos on their personal website to promote concerts that the person performs.

I was never asked for those pictures to be on the website. At first, they were used on facebook so by being so did it made those pictures not my property anymore?

Or do I have a right to contact the webmaster of that website and ask politely to either credit my name or remove them? I have the RAW version so it would be easy to prove they are mine.

Thanks for the help.

Best answers:

  • If they are placed on Facebook the presume right to use them you do not give away your copyright, they also presume the poster has the right to use them, technically you can ask them to be removed but in practice too difficult and unless causing serious harm best left alone.
    Yes you have every right to ask them to be correctly credited or removed from the other website no matter if permission has been given in the past you have the right to remove permission at any time.
    I am constantly having to get web masters to change things on sites as either the correct permissions have not been sought and they think everything is theirs to use or they simply have not followed the rules given in the permission.
    Here is a copyright page from one of my websites (having looked at it notice it needs updating!)
  • Thank you!
    Is there any legal document I can refer to when emailing the webmaster?
  • Why give them away in the first place ?
    A "credit" is worthless, you either get paid or you don't.
  • This is the web design company who created the website where my pictures are:
    https://www.localstanding.co.uk/
    They probably haven't got a clue that my name should be credited and that they are my pictures.
    The domain name is UK but not sure about the hosting, I am not sure where to check if it is US or UK.
  • Marktheshark, not necessarily, you may want to help out an artist who starts out just like you and who is a friend or a friend of a friend or family; or to help promote your work because right now you care more about exposure than money. But I see your point, you should always try to get paid for your work but it is not that easy and simple.
  • UK webhosting I found so cannot apply the US law unfortunately :-(
  • I had a speaker once at a camera club, who gave a national company loads of their photos, of an Olympic sport for goodwill and free. They used them throughout 2012 and he received not a penny. Fool was he.
    The morale is, would the company he gave the photos to, allow him to walk out of one of their stores with a bottle of wine without paying for it?
    That is why my photos and those of others in my group on face book use big watermarks on all photographs and they are of low resolutions as well.
  • The whole thing seems a bit petty. You've fallen out with a friend so they've stopped putting your name on the photos you had provided. So now you want the website to take the photos down.
    Does it really matter?
    The phrase being the bigger person comes to mind.....
  • Don't waste time over it. You'll never get a legal judgement and getting the person to take the photos down is of no practical benefit, even if it were possible to compel them to do so. You can't undertake some casual agreement then start getting all legal on someone when they don't do what you believe they agreed to. You either accept that the other person might not do what they promised or you do it professionally from the get-go and cover your bases. You can't just decide to change the goal-posts and expect it to work out. Take it as a lesson learned and move on.
  • This promote your work ?
    Its not work unless you get paid, good photographers get paid and it has very little to do with "getting your name known"
    You dont get people tarmacking drives, building free houses, selling cars for free or any other job, they start out by getting paid, thats the best name to have.
    Someone who is good enough to be paid.
    What kind of name would you get giving away free pictures ?
    A mug ?
    Baffled by this "credit" thing, who gives two frigs who you are, might as well be any name.
    You think you should be paid for photography work, then charge for it.
    If some other muggings wants to work for "credits" let them crack on.
    At least you wont cost yourselves any money doing so.
  • I'm sure you've seen it before, but
    https://youtu.be/mj5IV23g-fE
  • Just to clarify these photos are of your ex friend in concert? And this person has used them on their personal website to show them in action?
    If that is true then I go back to my previous post and say it's incredibly petty to pursue this any further.
  • Next time OP, if you do take photographs paid or unpaid get a release form (contract) signed by both parties which outlines how many pics then get and what they can use them for and how long for, then if you fall out and find that that have broken the release form then you have something to fight them with
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