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Thread started 30 Nov 2010 (Tuesday) 15:48
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Customers-CD's and changing copyright photos

 
denise69
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Nov 30, 2010 15:48 |  #1

OK, So here is my question.
I give customers a CD w/their finished images and my copyright symbol w/my business name on every photo.
My Copyright is also embedded in my files.
I allow my customers to print these photos on their own. I supply a print release to them.

Question: Can these files be altered by them if they want to since they have the disk?
How should i do this different to protect myself?
HELP!!!!!!!




  
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gonzogolf
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Nov 30, 2010 15:53 |  #2

If they have a .jpg on a disk and they have photoshop they can pretty much do as they wish with them. Whats to stop them? I wonder what you are protecting yourself from though, you give them a print release so what else are you worried about?




  
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Christopher ­ Steven ­ b
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Nov 30, 2010 15:53 |  #3

What are you concerned a hypothetical client might do ?



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PeteA
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Nov 30, 2010 15:53 |  #4

Potentially they could change the copyright information on the images.

If you have the original raws it wouldn't stand up in court if you needed to prosecute them for misusing the photo.

If you watermark every photo I don't see an issue.


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Nov 30, 2010 15:54 |  #5

Does your print release and/or contract specify limitations on their rights? If not, then the sky's the limit, I'm afraid. If you do specify what they can and can't do with the prints in your contract, you can always chase them down if you become aware that they have broken the agreement. However, that depends on you discovering such use and being willing to expend the effort and expense for very little recompense. You might consider registering the copyright for the images in case you ever have to take them to court after learning that they've used your property to launch an expensive marketing campaign for a major brand of sneakers.


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adam8080
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Nov 30, 2010 15:57 |  #6

Yes, the files can be altered, and if you are worried about that, then don't put them on a CD for them. If you don't care to make money from prints, but don't want your photos changed, offer prints at your price and give them a small water marked digital image to share online.


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denise69
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Nov 30, 2010 15:58 |  #7

my concern is that they are altering the photos in ways, i would not have done. cropping from one photo and pasting it to another.
then posting them in a common area with others i have done and having them look as if i did them.
taking a photo and applying a very cheap, easy, simple yellow tone to a photo, i would not do.

SO, how can i change this?
What would you recommend?
Not giving the disk? However, it's huge in the area i live, customers love it.




  
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denise69
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Nov 30, 2010 15:59 |  #8

I do have a print release, it does not specify altering.

I am looking for suggestions.
I would like to have something in place for the new year. SO, any constructive suggestions are welcomed!!
thanks!!!




  
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denise69
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Nov 30, 2010 16:01 |  #9

gonzogolf wrote in post #11371694 (external link)
If they have a .jpg on a disk and they have photoshop they can pretty much do as they wish with them. Whats to stop them? I wonder what you are protecting yourself from though, you give them a print release so what else are you worried about?

I am seeing photos altered in such a way that it does not represent my work.
That's what I am worried about.
I haven't had an issue with this until recently and i wanted to get some advice as to how to handle it before it gets out of hand.




  
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gonzogolf
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Nov 30, 2010 16:02 |  #10

You can include it in a customer agreement, but enforcing it would be almost impossible and certainly not worth the legal action to back it up.




  
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Christopher ­ Steven ­ b
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Nov 30, 2010 16:02 |  #11

denise69 wrote in post #11371724 (external link)
my concern is that they are altering the photos in ways, i would not have done. cropping from one photo and pasting it to another.
then posting them in a common area with others i have done and having them look as if i did them.
taking a photo and applying a very cheap, easy, simple yellow tone to a photo, i would not do.

SO, how can i change this?
What would you recommend?
Not giving the disk? However, it's huge in the area i live, customers love it.

You cannot prevent them from altering--even if you changed your model such that you only provide prints. What would stop them from scanning them at high-res and altering the images in any way they pleased. With this method there would be no copyright info in the file.



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denise69
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Nov 30, 2010 16:03 |  #12

gonzogolf wrote in post #11371751 (external link)
You can include it in a customer agreement, but enforcing it would be almost impossible and certainly not worth the legal action to back it up.

I do have some things in a customer agreement as far as them using them on Facebook and such.
However, have yet to run into this.

Any suggestions as to how else to handle it?




  
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denise69
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Nov 30, 2010 16:05 |  #13

So, there really is no protection, realistically. Correct?

With all of this being said, what about the local grocery store scanner, is the store responsible for checking for copyright and print release?




  
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RDKirk
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Nov 30, 2010 16:06 |  #14

If you give digital images to private clients (as opposed to business clients), you have to accept the fact that they're pretty much going to do whatever they have the technical acumen to do. And they will even do things they don't have the technical acumen to do...very well. For instance, even if you give them only small, low-resolution images, that's not going to prevent them from making a 16x20 from it...and showing it with your name on it. They'll just blame you for the lousy quality.

There's nothing you can do to prevent that except by rendering the image unsuitable for basic viewing at all. If you plan to sell digital images, you have to design your product philosophy to allow for the fact that you won't have any control afterward.


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RDKirk
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Nov 30, 2010 16:06 as a reply to  @ RDKirk's post |  #15

What would stop them from scanning them at high-res and altering the images in any way they pleased.

Heavy texturizing. Linen texture works well.


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Customers-CD's and changing copyright photos
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