What is Copyright and Copyright Infringement and THEFT?

Folks. Nothing gets me more red than finding one of my images has been stolen. Whether it was stolen by a complete stranger or stolen by a client. 

What is image theft? If you purchase a print of an image and then scan that print {reproduce it in any way} - that is theft. If you click the copy or save button on an image online and alter the image {ie: remove the watermark/logo} and repost it - that is copyright infringement and theft. 

This is a screenshot from my iphone and from my business page, your device and page may have different options. If you 'save photo' and share it as is - with my watermark intact - I don't get upset. If you 'save photo' and then alter the photo {remove my watermark} or crop/edit it and repost it - THEN I get upset because it becomes copyright infringement and THEFT. {my use of this image in example is purely out of convenience}.

So let's talk a little about copyright. Often I will receive inquiry emails asking if digital files come with the copyright. They do not. Sometimes for corporate work the copyright is sold and the price is steep. 

The copyright is essentially the legal soul of an image.  It is not given {or should not be if you value yourself as a photographer} lightly or cheaply. If I 'gave' copyright on images that would mean that I no longer own the image. It would mean that another person could say they created the image - they could manipulate it however they wish {edit it on their own} and they could profit off it if they desired {financially or in accolades}. 

I sometimes invest hours of work, and thousands of dollars go into creating every single image. Think about that. How would you feel if someone stole it from you?

The image may look 'simple' enough to you but the work, equipment, talent/education, and software that went into that image being created took time and it took a lot of money. 

When clients PURCHASE an image they are provided a use-release. This use-release allows them to share the image {on social media, in email, etc} and print the image for personal use. It does not allow them to alter the image or profit off the image. 

Even though it is easy to click the 'copy or save' button on your phone on an image or easy to scan a physical portrait - it is illegal - if you do not have permission or ownership.

I can't stress this enough. I post images on my business fb page all the time. They have my watermark/logo on them. I LOVE when clients, vendors, etc SHARE my image to their own pages or tag themselves in an image. I don't even mind if you use the image as your profile photo UNALTERED/UNCROPPED. 

This is a screenshot from my iphone, from my business page. Your device and page wording may look different. If you want to share an image then simply ... click the SHARE button :-) Love all around! {My use of this image in the example is purely out of convenience.} 

BUT THE MOMENT you click the COPY or SAVE button ... the moment you alter the image {say, recrop it and remove my watermark/logo} ... the moment you repost the image in that form ... YOU HAVE COMMITTED THEFT - COPYRIGHT INFRINGEMENT. 

And typically I don't get too hot under the collar about all of this EXCEPT if you don't purchase the image. If you stole it from my business page and essentially remove all traces of 'me' - the image creator - it is theft.

Most of my sessions allow clients to select the images they wish to PURCHASE from a gallery of completed works. They then receive the high resolution, unwatermarked digital file and a USE-RELEASE for that image. The rest of the images that are unselected and unpurchased are either sent to trash or are archived. Some images I use as 'sneak peeks' before a client sees the full gallery. No one likes waiting weeks to see the fruit of their session. I love sneak peeks. I would really HATE to have to stop posting sneak peeks. Most photographers that sell files post session do NOT post sneaks for this very reason.

If you copy or save an image from my business page, alter it {say ... remove my watermark and maybe do some creative cropping}, and then repost it on your page {or print it - though the resolution will be awful and render a pretty yucky print} YOU commit copyright infringement. If you don't proceed forward after that and PURCHASE the file/image with me that is just downright theft. Legally.

Copyright Facts:

* Copyright is a property right. It extends to its author until 50 years after their death. 

* Just because you buy a print [or a photo - digital or print - contains your family] does not mean you have purchased the copyright.

* Under the Federal Copyright Act of 1976, photographs are protected by copyright from the moment of creation. 

* Unless you have permission from the photographer, you can't copy, distribute {no scanning and sending them to others}, publicly display {no putting them online}, or create derivative works from photographs.

* Professional photographers are dependent on their ability to control the reproduction of the photographs they create.

* It affects their income and the livelihood of their families [not to mention the sustainability of their businesses and the fees they must charge to remain sustainable with rampant theft].

* Even small levels of infringement - copying a photo without permission - can have a devastating impact on a photographer's business. 

* Copyright infringement - reproducing photos without permission - can result in civil and criminal penalties.

This last point is important to note. As a professional business I have a lawyer on retainer. It is an expense of "doing business" as a professional. It is figured into my Cost of Doing Business - which is then passed down to clients. The more I have to use my lawyer, the higher my rates become to work with me. I hate reporting copyright infringement but I will. I do it to protect my clients. I do it to protect my work. I do it to protect my business. 

WHEN IN DOUBT:

* Ask the artist/creator

* Do not crop

* Do not remove watermark/logo

* Don't want to abide by the above, do not use the image.


Resources: Professional Photographers of America and Copyright.Gov

Now back to our regularly scheduled cuteness overload 

Brandy Goldenberg Photography, LLC