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FORUMS Photography Talk by Genre Performing Arts Talk 
Thread started 21 Dec 2011 (Wednesday) 01:16
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Your thoughts on this situation.

 
supernova74
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Dec 21, 2011 01:16 |  #1

I shoot, unpaid, for an on line publication. When I upload my pics I watermark them. Now, a band I shot a few nights ago has taken one of pics, cropped my watermark out and are using it as their Facebook page pic. Now, I don't mind people using my pics, but a bit of a thanks wouldn't go astray.


Mark
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nuffi
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Dec 21, 2011 01:28 |  #2

supernova74 wrote in post #13577508 (external link)
I shoot, unpaid, for an on line publication. When I upload my pics I watermark them. Now, a band I shot a few nights ago has taken one of pics, cropped my watermark out and are using it as their Facebook page pic. Now, I don't mind people using my pics, but a bit of a thanks wouldn't go astray.

<devil's advocate>

How would they know who to thank? Do they have your number? Do they know you at all, or were you just some schmo that decided to head down to take pics of their gig?

Did they know you were coming?

Did they give you express permission to take these photos?

Are you aware of the copyright laws involving the recording of public performances in your state? (It's a pretty common thing that the copyright of any photo is owned by the photographer, but it's also pretty common that the recording of public performance copyright law is rather murky)

</advocate>

Perhaps you could turn it around - send them a friendly message letting them know that cropping out your logo is taboo, but they're welcome to use the image if they want, and you'd be keen to do a real shoot with them in the future....




  
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supernova74
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Dec 21, 2011 02:44 |  #3

Point 1: The original pic had my water mark. In the digital age, not hard to google and find who you need to thank. Also i posted my pics on their face book page, watermarked, so they have a direct link to my page.
Point 2: No they dont know me, but with armed with a 5d and 70-200, i wouldnt have thought they would have though i was just some "schmo" taking pics of their gig, which leads me to point 3:
Point 3: Yes, they knew i was coming, they apporved my entry.
Point 4: Yes i am aware of copyright laws in my country.


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nuffi
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Dec 21, 2011 03:14 |  #4

supernova74 wrote in post #13577672 (external link)
Point 1: The original pic had my water mark. In the digital age, not hard to google and find who you need to thank. Also i posted my pics on their face book page, watermarked, so they have a direct link to my page.
Point 2: No they dont know me, but with armed with a 5d and 70-200, i wouldnt have thought they would have though i was just some "schmo" taking pics of their gig, which leads me to point 3:
Point 3: Yes, they knew i was coming, they apporved my entry.
Point 4: Yes i am aware of copyright laws in my country.


(I should preface that I hope I didn't upset you with my response. I am really on your side here, but figure I should look at it from their point of view)

Point 1 response: People are way too lazy to do that sort of thing. In the realms of netiquette it's barely even considered rude. Personally, I am one fo those people who try to apply real world rules of conduct to my online interactions, but I am by far in a minority when it comes to that sort of thihng.

Point 2: Just because you have way cool high end gear doesn't make you any more professional in the eyes of a band. It's quite possible that they don't even recognize the gear you carry around on the night of a shoot.

Point 3: Did they know some anonymous guy was going to show up to shoot, did someone in the band actually talk to you on the phone, or meet you in person..? All three are very different levels of "knowing you"... And in any of those cases they might have thought they were giving permission to shoot with the tacit agreement that they'd get to use the shots.

Point 4: Cool, want to explain them to me with regards to the shooting of a performance? Does it change between a rock show, a pub gig or a theatre show?




  
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RichSoansPhotos
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Dec 21, 2011 03:18 |  #5
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supernova74 wrote in post #13577508 (external link)
I shoot, unpaid, for an on line publication. When I upload my pics I watermark them. Now, a band I shot a few nights ago has taken one of pics, cropped my watermark out and are using it as their Facebook page pic. Now, I don't mind people using my pics, but a bit of a thanks wouldn't go astray.


The first thing is you have to make an agreement on written paper. If they break the agreement, then you have the right to insist that they remove the photo that has no watermark on it.




  
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supernova74
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Dec 21, 2011 04:27 |  #6

Nah you didn't upset me :) all good. Thanks for yours points of view. And 400d, I shoot bands every weekend, haven't even considered getting them to sign papers. I never really meet them. Turn up, shoot, go home.


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RichSoansPhotos
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Dec 21, 2011 05:33 |  #7
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supernova74 wrote in post #13577846 (external link)
Nah you didn't upset me :) all good. Thanks for yours points of view. And 400d, I shoot bands every weekend, haven't even considered getting them to sign papers. I never really meet them. Turn up, shoot, go home.

Well there is the problem, you have to advertise your biz, you can't have bands putting their own rules to your photos, can you? This is the same thing with Wedding photos




  
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René ­ Damkot
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Dec 22, 2011 11:50 |  #8

Copyright laws vary from country to country, but in every country I know of, the band is violating your copyright…

I'd send them a (nice or not, depending on what you want) message that they cannot use your image with the watermark cropped of.
It's up to you to decide what they can do…

If it were my image, and I'd suspect they know what they are doing, I'd send a bill and /or a C&D (external link)


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supernova74
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Dec 22, 2011 19:00 |  #9

Thanks Rene. Good advice.


Mark
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BreitlingFan
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Dec 24, 2011 13:27 |  #10
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nuffi wrote in post #13577711 (external link)
Point 2: Just because you have way cool high end gear doesn't make you any more professional in the eyes of a band. It's quite possible that they don't even recognize the gear you carry around on the night of a shoot.

I'll disagree with that.

Without exception, when a band sees my camera, in a sea of people using cell phones and point-n-shoots, in their eyes I'm the professional. After the gig, I'm the guy they come to talk to about getting images, not the guy with the iPhone...


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Your thoughts on this situation.
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