Fair use or theft?
Crewd
Registered Users Posts: 54 Big grins
Yesterday I shot a protest march and posted some of my work to my web site. Today four of my images were used in an article critical of the event without so much as a thank you.
My amateur understanding of fair use says this may actually be ok... But it seems really wrong for even a news site to be able to use my work to help create their articles which they then monetize through ads.
Thoughts?
My amateur understanding of fair use says this may actually be ok... But it seems really wrong for even a news site to be able to use my work to help create their articles which they then monetize through ads.
Thoughts?
0
Comments
This is not fair use. What you do about it is up to you.
Sam
Patrick Smith
That response makes no sense at all. You own the images that you made, and even if they were published by people pictured in them, you still own them. They do not enter the public domain merely by publication. Whether or not you have releases from the people pictured (probably not necessary in this situation) you are the owner of the photos. I would insist that they make it right. Good luck. Bryan
Gallery: https://eldonshea.smugmug.com/
A former sports shooter
Follow me at: https://www.flickr.com/photos/bjurasz/
My Etsy store: https://www.etsy.com/shop/mercphoto?ref=hdr_shop_menu
Hello!
If those images did belong to you and weren't circulated by the persons in the pictures on social media (who took them), then you'd have cause to bill us, but thanks for saying hi.
Best regards,
Conover
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OK, Who published this article using your images? A real news organization or someone blogging from their mommies basement?
If the former they know and / or have an obligation to know the law with regard to copyright. They also know that this response is total gobbledygook. They also have money. If you need an lawyer money is the prime overwhelming criteria.
If the later, what would you expect from today's brainwashed, conditioned, highly educated idiots? They also have no money. They are judgement proof. IE: You be had.
Sam
With proof you'd probably win a court case, if it went that far, however, unless your shots have been registered with the copyright office, the courts will not award any restitution.
For future reference, a couple things that will help prove copyright ownership is always shoot raw + jpg. Store a copy of all saved images raw files unedited in some identifiable manner so you can find them if needed. Anyone else who claims ownership of your images will not of course have the same raw files.
Add a copyright notice in your camera menu's comments section, which will show up in exif data. Include your name, the fact images are copyrighted with either the © or (C) if the camera doesnt support the actual symbol, and add "all rights reserved with the year shot.
Lastly if your editing software allows for embedding the same copyright information i'd do that also, along with a visible copyright notice on the image itself. Though not legally required for copyright protection its another means of indicating ownership.
Also send a DMCA takedown notice of copyright infringement. Google for information on how to do so.
An example of fair use would be if they showed a small copy (too small for presentation really) of one or more of your images in an article ABOUT your images, i.e. a critique.
Make sure you brand all your photos and in addition, use a watermark.
Steve