Photos on Facebook

I took photos of a band while performing. I posted these images on my facebook with my watermarks. I even taged the individuals in them who I then "friended" on facebook. I never offered to sell them to anyone. The band leader asked me for a price for the photos, and I gave him one, he never replied, and later I see they've created an AD for their next show using these pictures. I ask him to please at least remove this ad form facebook. He replies that facebook is free and so are the photos, and that I never asked if I could take his picture. He is correct. Am I at fault? Are we both at fault? What do you think? Thanks in advanced.

He's all wrong... Screw him.

There is a link that will say ''Repot Photo"....let FB know they've stolen your photos

GEEZE What a _ _ _ _ ....

It's a tough one for sure. If you take a hard line,your networking options will disappear...

Guess band member needs to learn a thing or two about being in the public eye if he is going to continue being a performer........

The problem is that most people who aren't involved in photography, believe if a photograph containing themselves they have the right to use this photo as they wish..

It is up to us, as photographers to educate these people..

Did you at least leave the watermark on the photo?

yogestee wrote in post #11819161
The problem is that most people who aren't involved in photography, believe if a photograph containing themselves they have the right to use this photo as they wish..

It is up to us, as photographers to educate these people..

And at least don't put ourselves in a situation where others can abuse our works. Shots that may have potential momentary values, one shouldn't simply post them. Maybe just one or two. Maybe having a very conspicuous and yet transparent watermark right in the middle of the shot.

Have they released any music? If so download one or two illegally and tell the band leader - see how he likes his work being stolen. Tell him that using his way of thinking you found it on the Internet so it's fair game.

hit and run. sure its not right, but as a photographer you should've made the precautionary measures first.

There are some basic laws that apply here that the band leader and you need to understand. These may not apply in all situations, but from your description it applies here.

1) The photographer owns the copyright and control over photos they take legally
2) If photography is not prohibited or controlled at an an event, then there must be clearly communicated or you must be asked to stop. They cannot make you delete photos.
3) Subjects in your photos have some rights to control how the images are published or displayed such as in use in advertising. Usually they sign a model release document as confirmation that they give you permission to use in advertising. The subject of a photo you use to advertise your or another business can sue for violation of privacy.
4) Use of the images in your Facebook not in a an advertisement for your business. Its a documentation of an news event that happened often called editorial use.
5) The copying and use of your images in a printed band flyer or printed advertisement is advertising and requires the permission of the copyright holder, usually called a license.

What can happen from here:
1) You can inform the band leader of the real facts about image usage and to respect your art and intellectual property. If you emphasize that you like the band and took these images to support them, you may be able to turn this situation into a positive. Explain that FB is not free anymore than bootleging their CD and selling it on your own or using their music on your website without permission. Asking for a small amount of money or merchandise in trade for use of the images by the band could be start of a productive relationship.

2) If the above doesn't happen, and he does not remove your pictures from advertising in a reasonable amount of time, then you can report an Intellectual Property Violation to Facebook and have them remove the image. Another step to take is to file a DCMA request to FB to have them remove the images. If you do this, realize that the band may report your images in a similar matter and FB may remove your images arbitrarily, even if the editorial use does not actually violate the law.

Its important that you understand these laws and policies before you operate a business in photography. Be knowledgeable, considerate, and firm and you may gain a client.

-Scott

sspellman wrote in post #11822918
There are some basic laws that apply here that the band leader and you need to understand. These may not apply in all situations, but from your description it applies here.

1) The photographer owns the copyright and control over photos they take legally
2) If photography is not prohibited or controlled at an an event, then there must be clearly communicated or you must be asked to stop. They cannot make you delete photos.
3) Subjects in your photos have some rights to control how the images are published or displayed such as in use in advertising. Usually they sign a model release document as confirmation that they give you permission to use in advertising. The subject of a photo you use to advertise your or another business can sue for violation of privacy.
4) Use of the images in your Facebook not in a an advertisement for your business. Its a documentation of an news event that happened often called editorial use.
5) The copying and use of your images in a printed band flyer or printed advertisement is advertising and requires the permission of the copyright holder, usually called a license.

What can happen from here:
1) You can inform the band leader of the real facts about image usage and to respect your art and intellectual property. If you emphasize that you like the band and took these images to support them, you may be able to turn this situation into a positive. Explain that FB is not free anymore than bootleging their CD and selling it on your own or using their music on your website without permission. Asking for a small amount of money or merchandise in trade for use of the images by the band could be start of a productive relationship.

2) If the above doesn't happen, and he does not remove your pictures from advertising in a reasonable amount of time, then you can report an Intellectual Property Violation to Facebook and have them remove the image. Another step to take is to file a DCMA request to FB to have them remove the images. If you do this, realize that the band may report your images in a similar matter and FB may remove your images arbitrarily, even if the editorial use does not actually violate the law.

Its important that you understand these laws and policies before you operate a business in photography. Be knowledgeable, considerate, and firm and you may gain a client.

-Scott

Well written! +1

thrash_273 wrote in post #11822576
hit and run. sure its not right, but as a photographer you should've made the precautionary measures first.

agreed.

I personally would not make a big deal out of it. but I guess thats just me...

I'd like to thank everyone for taking the time to reply, specially Mr. Spellman for such a detailed explanation.

To answer your questions, my photos did have a light water mark running across the center of the photos, he used them despite the watermark. And Scorpio, I would sacrifice networking for fairness any day. I just wrote an email to the performer and waiting for his reply.

if he's still a ass, reply with how he would feel if his music was ripped and put online for free.