Know Your Photography Copyright Laws... or This Will Happen to You!
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- čas přidán 3. 07. 2024
- Today I wanted to touch base on how I ended up fighting a company due to them using a photo of mine, WITHOUT MY PERMISSION! This is my story and what I did to protect myself and my business. If you have any questions, please comment below. (*Disclaimer: I am not a lawyer nor am I giving legal advice.*)
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Website: www.hoellerphotography.com/
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Facebook: / nickhoellerphotography
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Thanks for watching!
I'm happy to hear you were able to get this issue resolved. I'm a Photographer as well and live in Ohio so it was even better to hear you hit this topic as I'm in the process of adding my pricing for the copyrights for my photos for anyone receiving my work. I would love to meet you Nick.
Glad you were able to get it sorted out. Kind of cool seeing a fellow Ohioan doing CZcams photography as well, I just found your channel and am looking forward to seeing more 😃
I'm very curious to know which company that was! What a headache! Im glad you were still compensated for it though!
Dude! Great content, subscribed.
Thanks a ton, Mat! Lots of new videos coming!
Very informative, ty!
Great advice!
Thank you for sharing your story!
Nick, the link you shared to the Getty images calculator is not going through.
I saw that too when I searched it up the other day :( I hope they fix it!
Thanks for sharing, I had a few similar experiences, I'm an editorial photographer I create editorial photographer (news, concert, entertainment related content) and before I used to see every once in a while some of my images posted on the web (I add all my info into the metadata so it's easier to search), occasionally I get emails asking if they can use my images for their publication and some will give me 'credit' in exchange for usage, others plainly ask if they can use the image for free, (at least they ask!), depending on what the publication/usage my license fee starts at $50, I have yet to find a company who is using my images for commercial purpose, that would be a nice unexpected income!
... BTW Good videos/content!
That’s good to hear! It’s not always a good time seeing your photos being used without your permission. Happy to hear you like my videos!
@JcOlivera wrote, “I add all my info into the metadata so it's easier to search…”
That’s great that you embed robust metadata to your posted images. You should also affix a watermark (logo), your copyright attribution (with URL and/or social media handle), and/or other “Copyright Management Information” (CMI),* as CMI reinforces your creative rights. CMI can be small and transparent; it just needs to be readable to the average person.
*Here’s why you legally include a watermark and other CMI to your photographs:* Per 17 USC §§ 1202-1203 (part of the DMCA copyright act), US-based copyright infringers (violators) who KNOWINGLY remove, cover-up, or change CMI with AI, Photoshop or any editing software to hide their copyright infringing actions or induce others to infringed can be liable for your actual damages & profits OR $2,500 to $25,000 in statutory damages PLUS attorney fees PLUS legal costs (at the court’s discretion).
Affixing watermarks & other CMI to your images might offer you some legal protection, ESPECIALLY if you skip registering (protecting!) your work with the US Copyright Office.
@JcOlivera wrote, “I have yet to find a company who is using my images for commercial purpose, *that would be a nice unexpected income!” [emphasis]*
You may not get any money if your infringed photograph was not *“timely”* registered with the US Copyright Office (USCO), either registered BEFORE the copyright infringement began OR registered WITHIN THREE-MONTHS of the photograph’s first-date of publication (first date of listing, licensing, selling, sharing, etc). If you didn’t timely register, you’ll only be able to pursue “actual damages” (typically low licensing fees) and the infringer’s “disgorged profit” (if any!). Commercial infringers have lawyers, and you’ll need one to protect your legal interest and get you the most money damages. If your work was timely registered, the infringer may have to pay for your attorney fees & legal costs! Without a timely registration, it’s, too often, un-economical to pursue infringers, as any money receive won’t cover your attorney fees. And going after infringers without a timely registration + not having a copyright attorney on your team is a rookie mistake.
Send me a reply and I’ll post links/information on how to register your editorial images with the USCO.
Question: as a photographer are you allowed to get some fees cost to take pictures of people are your fans they watching my media and I take pictures at my Church.
So, some members blackmail me that willing to sue me that I am not allowed to take money at the non-profit Church even is my Church, i do know is copyrights on top I am a loud to take cost for my pictures are asking.
Hello Nick,
Question: I have seen some videos on CZcams that show a watermark. Is this legal? Is this cool? Can these Youtbers get strikes for copyright infringement? Is this kind of thing appreciated or unappreciated by photographers? Asking because doing this myself on some projects would make things easier. But i don’t want to break any laws, do anything unethical, or step on any toes.
Thanks.
The "fair use" exemption built into Copyright law is much more narrow than many people think. There are cases where fair use applies, but generally speaking, you would need to ask permission before incorporating a portion or all of someone's video into your own production. There are even cases where companies have been sued for simply embedding videos from social media platforms onto their website/blog. Some people are cool with it as long as they are credited but that is why it is important to ask permission.
Hello, so somebody took my picture and drew over it as an illustration. They just mirror flipped. Is that legal? I have evidence of the subject saying its him in the photo. Idk what to do.
@michaelangelo8117 wrote, “so somebody took my picture and drew over it as an illustration. They just mirror flipped. Is that legal?”
As a copyright owner to your photograph (and assuming your photograph is actually copyrightable), you’re legally granted a “bundle of EXCLUSIVE rights” including:
1) The right to copy or reproduce your photograph;
2) The right to distribute (share) your photograph;
3) The right to publicly display your photograph; and
4) The right to create *“derivatives”* from your photograph (including drawings, illustration, paintings, sketches, etc.)
See 17 USC § 106 (Exclusive rights in copyrighted works).
If someone made a *“derivative” illustration* from your photograph without a permission license, they can be liable for copyright infringement and may have to pay you money damages, notwithstanding Fair Uses of your photograph.
However, your photograph typically needs to have been timely registered with the US Copyright Office (USCO), either BEFORE the infringement began OR registered WITHIN THREE-MONTHS of its first-date of publication (the first-date you listed it for sale, licensing, sharing, etc.) to be able to pursue infringers for money damages.
If the infringer has limited or no income, then it may be difficult to pursue him/for money damages.
If you just want the infringer to remove your derivative work from their web & social media sites, you can send their ISP (web hosting site) a *“DMCA Take-Down Notice.”* Search for that phrase on-line.
@michaelangelo8117 wrote, “I have evidence of the subject saying its him in the photo. Idk what to do.”
If you have STRONG evidence of the infringement and the infringer has the ability to pay you money damages, you should quickly contact a copyright attorney to review the facts of your case. If you have limited income, you can contact the “Volunteer Lawyers for the Arts” in your city/state, as they can often provide you with free or low cost legal representation: vlany.org/national-directory-of-volunteer-lawyers-for-the-arts/
You might be able to sue the infringer in the *“Copyright Claim Board” (CCB) small-claims type court (tribunal).* The CCB is a very low cost way ($100) to get your case heard. You can represent yourself (you don’t need a lawyer). Unfortunately, the infringer has the right to Opt-Out of any CCB proceedings for any reason. As well, it could take months for the tribunal to determine the outcome of your infringement case. You’ll also have to register your photograph with the USCO: Visit ccb (dot) gov
I was gifted my family album. The album contains very old original photographs. I want to copyright the photos and make a book. Should I consult an attorney? What are the steps. Thank you
@feliciawilliamsbutler2142 wrote, “I was gifted my family album. The album contains very old original photographs. I want to copyright *[register]* the photos and make a book. Should I consult an attorney? What are the steps.”
Typically, the person who took the photograph owns the copyright.
To be able to *“register”* your family photo album with the US Copyright Office (USCO), you must have taken all the photographs yourself OR you were given the rights (copyright) to all the photographs from family members, and perhaps through wills and trust or a copyright transfer letter.
Also, if any of those OLD family photographs were “published” without a copyright notice, they may be in the Public Domain. Prior to March 1, 1989, published photographs were required to include a copyright notice (©).
If you do own the copyrights to all the album’s photographs, you could register them using the $65 on-line “Standard Application.”
Before reaching out to a copyright attorney, call the USCO for assistance: 1 (877) 476-0778.
@feliciawilliamsbutler2142 wrote, “I was gifted my family album. The album contains very old original photographs. I want to copyright *[register]* the photos and make a book. Should I consult an attorney? What are the steps.”
Typically, the person who took the photograph owns the copyright.
To be able to *“register”* your family photo album with the US Copyright Office (USCO), you must have taken all the photographs yourself OR you were given the rights (copyright) to all the photographs from family members, and perhaps through wills and trust or a copyright transfer letter.
Also, if any of those OLD family photographs were “published” without a copyright notice, they may be in the Public Domain. Prior to March 1, 1989, published photographs were required to include a copyright notice (©).
If you do own the copyrights to all the album’s photographs, you could register them using the $65 on-line “Standard Application.”
Before reaching out to a copyright attorney, call the USCO for assistance.
do you know the answer to this one: i took a photo for a local musician which ended up on the website of the national TV broadcaster...the musician did pay me for the photos at the time...am i entitled to anything from this? also,shouldn't i be credited when the photo is used by these third parties?
yea you should be
@tkshots wrote, “i took a photo for a local musician which ended up on the website of the national TV broadcaster...the musician did pay me for the photos at the time...am i entitled to anything from this? also,shouldn't i be credited when the photo is used by these third parties?”
The TV broadcast display use of your photograph could be Fair Use(???).
You should have had a written contract with your musician client that details all the main points from your photo session, including that you own the copyright, when you’ll get paid, how the client can use your photograph and for how long and in what media, etc. *Be specific on usage!*
@tkshots wrote, “also,shouldn't i be credited when the photo is used by these third parties?”
What does your contract say? Again, put everything in writing to protect your creative rights & legal interest.
It’s also critical to “timely” register (protect!) your photographs with the US Copyright Office (USCO). Timely copyright registration presumptively PROVES (via prime-facie EVIDENCE) your copyright creation, copyright ownership, and your copyright validity claims: You’re obtaining a United States government (USCO) date stamp of your registered copyright. See 17 USC § 410(c).
Can something like this still happen if you water mark your photos before posting them online ?
If you watermark your photos, you’ll have a better chance of it NOT happening. Only because people will see your watermark and know who took it and hopefully reach out to you. It’s a good way to keep your photos safe, but not always the best as there is software that can remove watermarks!
Watermarking your photos serves potentially multiple purposes. It can lead to a higher award in court (assuming that you actually registered the images with the USCO to qualify for statutory relief) and in the event someone actually removes or crops out your watermark, there are potentially additional penalties available under the Digital Millennium Copyright Act. But watermarking the photos does not prevent infringement from occurring and it does not really help your case unless the case goes to court (which, if you want to hire an attorney on contingency, generally requires that you have registered the images either within three months of first publication OR prior to the infringement occurring). * I am not an attorney
@@NickHoeller wrote, “It’s a good way to keep your photos safe, *but not always the best as there is software that can remove watermarks!”*
Nick, curious: Are you not familiar with copyright’s DMCA/CMI statutory provision?
CMI is *“Copyright Management Information”* and includes watermarks, logos, names, URLs/social media handles, copyright attribution, metadata, licensing information, and other markings that identify the copyright owner.
Per 17 USC §§ 1202-1203, US-based copyright infringers (violators) who KNOWINGLY remove, cover-up, or change CMI with AI, apps, Photoshop, or any editing software to hide their copyright infringing actions or induce others to infringed can be liable for the photographer’s actual damages & profits OR *$2,500 to $25,000 in statutory damages PLUS attorney fees PLUS legal costs (at the court’s discretion).*
As well, INTENTIONALLY removing or modifying CMI can suggest WILLFUL copyright infringement to a federal judge. If the work was timely registered with the US Copyright Office (USCO), the infringer can face two causes of action: Copyright infringement (up to $150,000) + CMI violation (up to $25,000) = up to $175,000 in statutory damages + attorney/legal fees (at the court’s discretion).
By affixing CMI, copyright owners can statutorily defeat “innocent infringement” defense claims (the US-based infringer is claiming they didn’t know the work was copyright-protected, and therefore, they shouldn’t have to pay the photographer damages or if there’s liability, they should only have to pay the minimum statutory damages of $200). See 17 USC § 401(d): Evidentiary Weight of Notice.
If you choose not to timely register your photographs with the USCO, at the very least, affix them with some CMI to retain some legal protection. FYI: Depending on the facts of a case, there are copyright attorneys/litigators who may take CMI cases (with a timely registered copyright) on “contingency.”
Copyright attorney, Andrew D. Epstein, sums up CMI & timely copyright registration, *“We recommend always attaching a watermark or other copyright management information [CMI] to all works that you distribute. Although you do not need to have a copyright registration to recover under the DMCA [CMI], we always recommend [timely] registering your photographs with the Copyright Office to be able to qualify for maximum awards for copyright infringement ($750 to $150,000 per infringement, plus costs and attorney’s fees).”*
I've handled a fair few copyright infringements in the UK. When I started out it felt intimidating, but now having gained confidence I always seek the maximum amount, depending on the nature of the theft (which essential it is!) Should this happen to you again, rather than double up, look to issuing a Letter of Claim for additional damages. An Invoice to me just lets them off the hook. What happened to you sounds completely FLAGRANT! and totally unacceptable frankly. Imagine the volume of newspapers sold containing your work in offending literature? The volume of audience should have been key here, because the company in question used your work for Advertising as opposed to Marketing. US law is slightly different I know, although not too dissimilar.
Hey Nick & everyone here, thanks for sharing your experiences and stories. I'm an Alberta-based landscape photographer looking to start producing prints for my photography and culture blog, so I just started my research for Canadian copyright law. If anyone has any advice, I would love to connect. Please feel free to comment too. I have a growing audience and see a lot of potential for my work, however my specialty is not in law; so, I have made it my goal to educate myself as much as I can on this topic. Thanks in advance everyone :) Cheers! - Mariya
@Merry763 wrote, “I'm an Alberta-based landscape photographer looking to start producing prints for my photography and culture blog, so I just started my research for Canadian copyright law. If anyone has any advice, I would love to connect.”
Hi Mariya: I’m a professional photographer originally out of PQ, and now living in the Midwest for 20-years.
The BEST advice I can share with you and other Canadians is to quickly “register” (protect!) your photographs & other creative works with the US Copyright Office (USCO), as the US is a MASSIVE haven for copyright infringers.
Canada is a member of the *Berne Convention*(international copyright treaty), and as a signatory, its and other international citizens are exempt from having to register their creative works with the USCO to have legal standing to pursue American copyright infringers in a US federal court. You and other Berne members are entitled to “actual damages” (typically the missed licensing fee you would have charged and/or the cost of the stolen prints, and these tend to be low fees) and/or the “infringer’s disgorged profits” (if any!) from exploiting your photographs without a license.
As a general rule, unless your actual damages and/or the US infringer’s disgorged profits are SUBSTANTIAL and PROVABLE, like the infringer prominently included your photographs in its US advertising campaign, on (Campbell) soup cans, on apparel/merchandise, and in other commercial media, your US attorney fees will typically exceed any money you receive post trial or via an out-of-court settlement, making it un-economical to pursue US copyright infringers.
Joshua Kaufman is a Washington, DC copyright attorney/litigator. His short CZcams video addresses the economics of not timely registering your works. Enter *Joshua Kaufman: Copyright registration* in CZcams’s search box to watch his video (FYI: CZcams will delete my comments if I post multiple links).
If, on the other hand, your photographs were timely registered, either registered before the infringement began OR registered within three-months of its first-date of publication (first date of listing, selling, licensing, sharing your work with the public), your US attorney will likely have the necessary LEVERAGE to push US-based, non-Fair Use, non-judgement-proof infringers to settle out of court. If they don’t settle, and you prevail post-trial, the defendant/infringer is now liable (responsible) for statutory damages (from US$750 to US$150,000) AND your attorney fees & legal costs (at the court’s discretion). To mitigate their legal & financial exposure, most all US infringers who are facing a timely registered copyright claim will want to quickly and confidentially settle out of court and put their infringing actions behind them.
It’s also prudent affix your on-line photographs with a watermark (logo), your copyright attribution (with URL and/or social media handle), robust metadata, and/or other *“Copyright Management Information” (CMI)* to identify your copyright ownership claim. If a US-based CMI violator intentionally removes, covers up, or modifies CMI to hide their infringements with AI, apps, Photoshop or any other editing tool, they can be responsible for your actual damages & their disgorged profits OR statutory damages from US$2,500 to US$25,000 plus attorney fees and costs (at the court’s discretion).
This short article explains why US, Canadian, and international creatives need to timely "register" their creative works (just replace the word “companies” with “illustrators,” “photographers,” “artists,” etc.) to get the point: donahue.com/resources/publications/copyrights-registered-u-s/
I’ve only registered one of my photographs with the Canadian Intellectual Property Office (CIPO). CIPO cannot accept copies of the registered work. Instead, creatives provide a description of the work. And only one work can be registered at a time (CAN$63): Pricey! To save money on USCO registration filing fees, US, Canadians, and other Berne member creatives can “group-register” up to 750 photographs in one on-line registration application for a total fee of US$55.
@Merry763 wrote, “I have a growing audience and see a lot of potential for my work, however my specialty is not in law…”
All the more reasons to register your photographs with the USCO!
Reply back if you have questions and/or would like to receive links on how to register your photographs with the US Copyright Office.
Go Oilers & Habs!
❤❤❤
I'm not usually critical of CZcams videos (usually just keep scrolling if I don't agree). Nothing personal about my comment, by the way. But this is full of objectively terrible advice. Sending an "invoice" for an infringement potentially places a maximum value on that infringement. A confidential settlement offer is generally not admissible in court relative to determining the value of an infringement, but an invoice is. And your advice about not registering is particularly awful. This is penny-wise and pound-foolish. You really lucked out that the guy in your example didn't know much about copyright, because if they were smart, the first thing they would ask you for is the registration number and effective date. If you don't register your photos within three months of first publication OR prior to the infringement happening, they can in most cases tell you to pound sand, because your only legal recourse would be to sue for actual damages, not statutory, and to hire a lawyer at an hourly rate (I don't know a single attorney that takes contingency cases for actual damages cases). Attorney fees for an infringement case often hit $60,000 or more in the first six months of litigation. You got paid because the other guy knew even less than you do. You won't likely be so fortunate when you encounter a lawyer familiar with their own rights in a copyright dispute. Register your photos every 3 months, and when you discover an infringement of your work, either make an offer (not an invoice) or call an experienced attorney. (Disclaimer: I am not an attorney but my source is having experienced many infringements of my work and experiencing the consequences of following bad advice from Google/CZcams).
Nah I’m good. I’ll send my invoices per usual. Thanks though!
@scoobydude606 wrote, “I'm not usually critical of CZcams videos (usually just keep scrolling if I don't agree). Nothing personal about my comment, by the way. *But this is full of objectively terrible advice. Sending an ‘invoice’ for an infringement potentially places a maximum value on that infringement…”*
*Love your comments!* It’s unfortunate that too many photographers will see this video and believe its gospel: Registration is optional; not retaining counsel; etc.
I searched the USCO’s online catalog; unless Nick Hoeller is using a different name, he’s yet to register any of his images or other works of authorship.