Pictures Stolen even with Em and Watermark's

Well I am not so mad about it.. Just superised.. I tried on the site to get it and could not so then I see this little girl got it.. She tried to crop out others and i assume some of the watermark. I post them in my gallery for parent to view and hopefully purchase so you can understand why posting is necessary. They are to be used for income to our team.

Thnx again to all.

If you think this is a big issue (or could become one if everyone starts doing it), perhaps you should just send her an invoice, referring to her unauthorised use of your photo on the web page. Maybe she'll pay up or maybe she'll remove the image. If you want, you could make a copy of the web page and use that in any claim you might make through the courts for non-payment of your invoice.

Cheers

macropod wrote in post #5309732
If you think this is a big issue (or could become one if everyone starts doing it), perhaps you should just send her an invoice, referring to her unauthorised use of your photo on the web page. Maybe she'll pay up or maybe she'll remove the image. If you want, you could make a copy of the web page and use that in any claim you might make through the courts for non-payment of your invoice.

Cheers

The thing to keep in mind is that it was jsut a kid, who probalby didn't think she did anything wrong. If you make too much of an issue out of it, they may replace you next season and other teams my avoid you. When this happend to me, (as I said earlier) I used it to my benefit by offering the kids the shot with out the watermark. It will help your reputation.

Mike R wrote in post #5310461
The thing to keep in mind is that it was jsut a kid, who probalby didn't think she did anything wrong. If you make too much of an issue out of it, they may replace you next season and other teams my avoid you. When this happend to me, (as I said earlier) I used it to my benefit by offering the kids the shot with out the watermark. It will help your reputation.

The photo may be just that of the kid, but there's nothing in the OP's postings to suggest that it's the kid who did this.

Cheers

macropod wrote in post #5310489
The photo may be just that of the kid, but there's nothing in the OP's postings to suggest that it's the kid who did this.

Cheers

You're right and an adult should know better. I was thinking it was the kid because in my case the kids admitted it.

it was the kid who did it.. The parent mentioned the photo's and said she was going to purchase. Then on myspace i got an alert that the kid has updated her page.. you know it tells you everything your friends do and she was a friend on there. that is how i said she added my pix.. but the parent still has not purchased the photo's

I stopped giving too much thought to the parents who say they are going to buy photos. It seems I get more business from those who don't say it. It's also surprising how many people will ask when the shots from the game I'm at will be on line. All they want to do is look at them.

I don't think the OP sent the mom anything at all, he didn't mention as such on his posts.

As for what I'd do, I'd gently tell them they're welcome to purchase any prints from me, but the images they are in possession of at the moment are not of sufficient resolution for prints. They're fine for the web, and for sharing with others for viewing, but good prints can't really be made from them.

Also, you may want to consider changing your resolution for images on the web to 72-100 PPI. It'll make it harder for others to print (not impossible, but harder), and it'll display your work sufficiently for others to purchase.

It sucks that the general public isn't educated about copyright laws. Worst comes to worst, you can take the images down to prevent them from taking them - but that means nobody gets to see your work.

Kinda like a damned if you do, damned if you don't kind of thing. Key is to make it difficult for them to take the photos, but any web-savvy person will know how to steal them.

Having been fighting copyright violators for 20 yrs with my artwork & photography, I'll contribute a few things I've learned. First, if you do NOT enforce your copyright, it would then, by law, set a precedence that you DO allow people to violate your copyright. (ie: Your “copyright” is meaningless) If you're going to ALLOW your images to be horked off the internet, then don't put the copyright stamp on them. MHO is that it has nothing to do with appeasing them or being the *nice guy*.. it has everything to do with setting a precedence re obeying the copyright laws.

Besides, at WHAT AGE is this gal (or her parents) going to learn that copyright violation is a crime? .. If YOU diminish this violation, then why should she give it or YOU any credibility?

For an example of notification: I have a boilerplate letter that is too long to post here.. but in essence, though you can let them know that you're flattered they enjoy your work, they are in direct violation of the copyright laws protecting your images on the internet.. (go do some reading http://www.uspto.gov/#) They need to “cease displaying, reproducing or distributing any unauthorized copies of your copyrighted work. “

"Under the Copyright Act, (you) are entitled to an injunction against further acts of infringement, recovery of damages and/or recovery of use fees attributable to the infringement of all infringing copies. Even without evidence of profits, the court may award statutory damages up to $100,000 plus the costs and attorneys' fees incurred in bringing suit. See 17 U.S.C. 502 - 505."
.. then say something about .. “we hope it won't be necessary to invoke any of these remedies.. but we need a written confirmation that this (cease & desist) has been done.” within seven days of your receipt of this letter. If the recipient is a minor, then the letter needs to be sent to the parents.

It will require a decision by you weather you're shooting for fun and giving your photos away... or if you intend to step up to the plate and defend your copyrighted images. But PLEASE, for the rest of us who DO enforce the copyright laws, please do not illustrate and teach others that the copyright laws don’t matter.

Oh.. AND, if this gal states openly that she "steals" photos, make two copies of the page where she makes this statement. She needs a lesson regarding the copyright laws. Send her parents one of the copies along with a letter and a copy from the appropriate paragraphs of the US Patent and Trademark website (http://www.uspto.gov/#). With the evolution of the internet, it has been deemed that ALL images are automatically copyrighted even without the copyright notice.

.. also, perhaps, on EVERY page, (if you intend to continue to include your watermark) include a statement that ALL of your photos are copyrighted and may not be used, reproduced or displayed without your permission.

Do you offer digital images? It sounds to me like you are up against two issues here: They don't know they are violating the law, and they want use of the digital images for myspace and such.
Posting the notice will help to educate them, and offering a low-res digital image with each print purchase will get you into the market that you are leaving unfulfilled right now. If the kids know that they will really get in trouble for using the image then they will probably try to avoid it by asking their parents to buy a print so they can use the image. You could also include the digital image with the larger images only and encourage them to upgrade to the 8x10.

Sounds like a case of why buy the cow when you can have the milk for free...

What I would do is ask for a photo credit on her page. Using your image without permission is stealing, and that would frustrate me too, kid or not.

I guess I look at it this way... she has other friends, some of whom probably play sports. It could be an opportunity to gain some exposure for you and maybe even some business. Ask for credit and a link to your website. If she refuses, you might need to talk to her Mom again. Let her know the situation is problematic for you. It doesn't matter that the image is too low res for her to print, she's still using it and that's copyright infringement.

I do think you should stand up for yourself, just in a calm fashion. I understand the concern that the team might opt to go elsewhere next year, but I don't think photographers do themselves any favors by allowing their images to be taken. If this were for charity as was the case for another member, I'd get it. But it's not. Your images are for sale. Allowing them to be used without permission gives people the impression that they can continue to do so, at your expense and the expense of photographers everyhwere. Photographers buy our gear, we educate ourselves, we offer a service and a product. We need to that product if we're to survive.