I have come to realize this week that the word “copyright” can be a bit confusing.
It seems that some people are under the impression that when you purchase photos from a photographer, you have unlimited use of said photographs. Some examples I have come across recently are:
:: Scanning 4×6 proofs and uploading them onto social media sites (Facebook, Instagram, etc.)
:: Uploading digital images that have been purchased from their photographer and editing them in a photo editing program
:: Taking screen shots of images online and printing them
:: Using a camera phone to take an image of a print and uploading it to Facebook, Instagram, etc.
These are all examples of copyright infringement and is illegal. That’s right people. When you place an order for digital images, or prints, you are not given free range over the images. The copyright stays with the artist that created them.
For instance: Let’s say you are at a museum and you take a snapshot with your phone of an Ansel Adams photo. You decide it could use a little touch up and do some selective coloring in Picasa and share it on Facebook. That is copyright infringement. It is illegal. You did not get permission from Ansel Adams estate to re-edit his work. Now what are the odds that his estate is going to hunt you down and sue you? Not sure. But do you want to take that chance?
Rachel Brenke has a great definition on her blog about copyright infringement (full article HERE):
“A copyright is a legal device that gives the creator of a literary, artistic, musical, or other creative work the sole right to publish and sell that work. Copyright owners have the right to control the reproduction of their work, including the right to receive payment for that reproduction. An author may grant or sell those rights to others, including publishers or recording companies. Violation of a copyright is called infringement.
Copyright is a property right. Under the Federal Copyright Act of 1976, photographs are protected by copyright from the moment of creation.
According to the U.S. Copyright Office, the owner of the “work” is generally the photographer or, in certain situations, the employer of the photographer. Even if a person hires a photographer to take pictures of a wedding, for example, the photographer will own the copyright in the photographs unless the copyright in the photographs is transferred, in writing and signed by the copyright owner, to another person. The subject of the photograph generally has nothing to do with the ownership of the copyright in the photograph. If the photographer is no longer living, the rights in the photograph are determined by the photographer’s will or passed as personal property by the applicable laws of intestate succession.”
When images are manipulated digitally, it greatly diminishes the quality and hard work your photographer has done. Trust me. Your photographer loves those images. She/He spent hours planning, setting up, spending time away from their family, shooting the session, editing, and sharing your photographs. It is important to them that you are happy. Taking away their credit and diminishing their work is disrespectful. My clients hire me because they like my style of photography, why hire me if you are going to ruin my hard work that you paid me for?
Am I comparing myself to Ansel Adams? Heck no. Am I an artist? Heck yes. Do I love every image I capture for you? Absolutely.
Please respect the work I do for you by honoring my copyright as well as your signed contract with me.
If you have any questions, I would love to hear from you.