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There was a debate on Twitter last night about how to take good photographs for your blog and general use of photographic media. This exposed a number of things as far as copyright laws and regulations are concerned and something that perhaps more bloggers need to be aware of. I am in no way shape or form a lawyer, but I did a bit of reading up on this, and wanted to share my findings with you. (NB, this relates to UK legislation only).
1) “By not watermarking your photographs, you’re agreeing to let people use them”
Not true. The second the flash goes on your camera, the image you have created is YOUR property. It belongs to you as the photographer, and only you can legally reproduce this image. Bloggers and professional photographers watermark their work to irritate or deter photo thieves but it is not the same as just stamping “copyright” on it and meaning that only the photos with the watermark are off limits.
2) “By pasting your photos on the internet, that means you don’t mind other people using them”
Again, untrue. By putting your photos on the internet, of course you are making them more accessible and it is easier for people to rip them off. But this is the same argument that sites like Luuux use when copying entire posts from bloggers’ sites – if you publish it, expect it to be taken. But this does not move away from point 1, which is if you took the photo, you own it. You do not waive your copyright to a photograph by publishing it on the internet. And to the blogger who stole my photos and reproduced them on her own blog – I’ve got your number, lady.
3) “What if I crop or change the photo?”
Doesn’t matter. The right to make changes or copies derivative of the original belongs solely to the owner.
4) “What about photo sharing websites?”
I’ve lost count of the number of blogs that use sites like We Heart It, and pop a little note under the photo as “Image courtesy of We Heart It”. A bit of investigation states that this is not the right way of going about things. Much like Tumblr, We Heart It is a platform where people can upload photos they like, from anywhere on the internet.
So, suppose you see a photo on this blog that you like? You upload it to your own We Heart It account, and (if I’m lucky) credit it back to me. Therefore, seeing a photo on such a website does not mean that it becomes the property of that website, especially if I didn’t upload it in the first place. How many times have we seen the argument against Facebook “owning” all of the photos that people upload every day? Surely they can’t – not while the individual uploading them can prove they have the original.
So, crediting something to We Heart It is incorrect as they did not originate the image. Indeed, the legal bit on the We Heart It website states that you are not allowed to “Transmit any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party and that you need to that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your content or materials.”
5) “What if I give credit and a link back?”
Again, not really. I’m sure we’ve all done this, and in the case of using matter sourced from other bloggers or from press releases, it’s usually OK. It’s polite to ask first, but it doesn’t always happen. Most bloggers are happy for the link, and info in press releases has been provided by an agency for distribution and publication. Someone has already paid for those images to be used. But photographers whose professional images end up on the internet usually charge for a reproduction of their work, and a link back just will not cut it.
Look at it this way. Have you ever been to a wedding? Seen thumbnails of the wedding photos online afterwards? Gnashed your teeth at having to spend £12 plus VAT on a 6″ x 4″ shot of the happy couple? That’s how photographers make their money. Why would they slap their work all over the internet for someone to use without paying for it?
6) “What about stock image sites?”
I don’t have any personal experience of these but from what I can gather, you can subscribe to a site and/or pay a fee every time you wish to use an image. This does not become “your” image, but I imagine that the website pays a fee to the content oroginator every time someone downloads a piece of their work.
7) “What about Google?”
I came under a bit of fire last night for mentioning that people who credit images as “courtesy of Google” were a bit silly. By at least trying to credit something, you have the right idea. Kind of. But Google do not own any of the photos that come up on an image search, much in the same way that they don’t own the websites that are listed when you do a web search. All you need to do is click into the image and see where it was found as Google was doing its indexing for you.
You can read all about the UK legislation from the Copyrights, Designs and Patents Act of 1998. It basically states that you can only reproduce an image if you have the express permission of the originator to do so, and have paid them for it if they require payment. This may not always be possible, especially as copyright lasts for 70 years after that person has died. However, practising caution is to be advised. I’m not recommending everyone goes out and gets their own stock photo account but it is worth looking into.
For those of you who don’t believe me, or don’t think you’ll get caught, read this scary little tale of what happened to a UK blogger earlier in the year. Using content from other people, even if you think it is in the public domain, not subject to copyright law or negated by offering a link back and credit is something you need to be very, very careful about and avoid wherever possible.
Helen
My post on the laws relating to image copyright: http://www.just-nice-things.co.uk/2011/06/06/copyright-confusion/ Pls RT #bbloggers
@RockalilyLondon I hope you dont mind but I linked to you in this post http://www.just-nice-things.co.uk/2011/06/06/copyright-confusion/
Great post Helen.
I’m a firm believer in using photo’s that I take myself to avoid running the risk of Copyright infringement – I just hope that no-one ever ‘steals’ my photo’s as a blog without photo’s isn’t all that appealing.
http://www.lizdeanblogs.wordpress.com
Interesting post Hels!
The thing I take exception to my pics being used to make other people money – say on ebay (or Luux). It doesn’t take half a second just to take a photo of the bloody thing you’re selling! I’ve contacted these sellers on several occasions and have got the “Well you shouldn’t upload your stuff to Google if you don’t want people to use it!” excuse, which just…argh! These people are nitwits and now I just don’t bother with them and go straight to lodging an official complaint with ebay. What’s really sad is that if any of them had actually thought to ask me nicely, I probably would’ve given permission 🙁
Let me get this straight… people were crediting images… to Google?
/headdesk
Interesting stuff. I missed the #BBloggers discussion (and can’t work out how to get back to it – both twitter and tweetdeck will only go back so far) but sounds like it was a lively one! I’d always felt uneasy about Tumblr, We Heart It and similar that just seem to grab images from wherever/google without any thought to the copyright, legal and just good old politeness issues.
Great post. I think photography copyright is a problem in blogging – not only does it cause huge headaches for the owners of the images, but it also devalues the blogging industry. We should understand and abide by these laws, otherwise we’ll never be taken seriously as a viable media.
A few things I’ve learned in addition to what you’ve covered:
– Read the T&Cs before you upload one of your own images to the internet. Sites like Lookbook, Chictopia and Twitpic have full rights to your images as soon as you use their site to upload, so can reproduce it however they want.
– If you want a stock image, there are a few sites available. Sites like iStock and Getty charge for their images.
– creativecommons.org is the best place to get photography for free. It allows you to search Flickr and Google Images for photos that are marked as free to reproduce – the only condition is a link back to the original poster.
bloggers check out @HelenNiceThings post about image copyright http://www.just-nice-things.co.uk/2011/06/06/copyright-confusion/
Great post about copyright via @HelenNiceThings http://tinyurl.com/3kx24e3 Read the story at the end too, it IS scary to be billed £350
Take a look at @HelenNiceThings excellent post on the thorny issue of image copyright – http://bit.ly/lCPNhu.
Great post Helen. When I read of the UK bloggers predicament this morning, it really hit home to me. I made errors in the early days and will admit I’ve making mistakes even now. It’s important to realise that ignorance is not a defense and if you’re using other people’s you need to understand the implication and possible consequences.
Thanks to Jen for mentioning creativecommons.org, that’s really useful to know!
Jane x
I think it’s a bit like gagging orders. Once it’s out there then it’s out there.
Hence I wouldn’t post anything (pictures or text) I was relying on to earn me money or formed part of my profession.
Having said that though, I DO upload teaching materials to websites to be used by other teachers for nothing.
Someone took one of my pictures to sell something on Ebay (Modesty Brown actually recognised my photo and my hand!) and it’s a horrible feeling. I emailed them to remove it and they did, but I’d have reported them to Ebay had they not.
Blog pictures take time and effort to produce, and it’s not okay to assume something is free to take because it’s on the internet.
Confused about image copyright? Maybe today’s post will help http://www.just-nice-things.co.uk/2011/06/06/copyright-confusion/
Stuff to think about from @helennicethings: http://www.just-nice-things.co.uk/2011/06/06/copyright-confusion/
Really interesting post, I’ve, in the past used images from weheartit.com and the thought of what happened to that girl scares me. Will defo avoid this in future, thanks for pointing it out xx
via @HelenNiceThings, excellent post about use of photos and copyright. http://bit.ly/jNj5xv. UK specific but applicable to all.
Excellent post Helen thank you so much.
Brilliant post re photo copyright! @HelenNiceThings http://t.co/00w14w9. UK specific but applicable to all.
.@lovelyislovely1 @kennedypurple @HelenNiceThings Thank you for this on image copyright http://bit.ly/jNj5xv V useful for authors
Great post from @HelenNiceThings about copyright issues . Check it http://bit.ly/jmATdc . We’re always learning!