Last year, I authorized the use of a photo shot in my studio of one of my cats for a 2008 feline calendar. The proceeds of the sale went to maintaining the site, which contains some useful articles regarding the treatment of feline diabetes.

My participation on the site since the issuance of the calendar had declined, so I had not had the time to visit the site in a while. I received an email from someone telling me of a new book project that the same person who did the calendar was undertaking…and my photo was included. I visited the link I was sent and, sure enough, my cat’s photo was included. But where was the email to me asking my permission to use the photo on this new project?

I emailed the person and asked that her photo be removed. When it wasn’t, I visited the forum and repeated my request. I suggested that she might want to get permission from everyone since this was another use of the photo. Her response: “These were all submitted to me for use in the calendar already. Same pics, different format.” The response surprised me as the person runs an MSN photo group – and she has listed many links to photography copyright sites!

Does being a photographer – or just someone who enjoys taking photos – give us the right to ignore copyright law? I would say not!

I explained that, by not getting permission in using the photos for a totally different project, she places herself, the site and the site owner in danger of being sued for copyright infringement, should someone decide to do so. I mentioned that the chances are slim, but not altogether unheard of. After all, people have sued for a spilled hot cup of coffee…and won.

Further explaining my reasoning (the photo since being sold as exclusive use) was met with derision, name calling and general unpleasantness from some in the group, with the exception of one person who showed exceptional understanding and kindness.

It was, all in all, a very short-sighted reaction to what I thought was a reasonable request. Actually, a request and a suggestion made to protect the site. And, it could have potentially cost me revenue.

It seems, to use the above as an example, that copyright is still not fully understood, or is generally ignored. It behooves us, as photographers, to educate people as to the law. This not only protects them, but also us…no matter what their reaction.

Everyone likes to make a buck on their photos. So when a contest comes along that promises to pay good money for a “winning photo,” and you think that you have the winner, you want to enter it, right? But before you do, you have to read their fine print, which is usually about as much fun to read as an instruction manual. So, you read the first paragraph, scan the rest and click “OK”. After all, it’s a well known company and they wouldn’t do anything wrong, would they?

Think again.

As an example of how some company’s employees value photo copyrights, I must digress and tell you a story of what happened to me at an Epson road show not too long ago.

I was looking specifically at purchasing one of their printers (which I eventually did) but wanted to see one in action. So, I took a relatively low resolution copy of several of my photos on CD hoping that they would be nice enough to print them off so that I could compare them to the Canon printer I currently had. I had also bought prints made from the Canon with me. The Epson representative was very nice and accommodating, printing an A4 size copy of both photos (one black and white, the other color). The quality was wonderful, especially compared to the Canon i850. He talked at length about the Epson printers and we walked away with some great information and my mind made up to purchase an Epson.

What I didn’t bargain for – after the hour or so lecture of the Epson managers – was seeing copies of my black and white photo blown up to poster size being printed off and given to other people! When the representative looked up from his conversation and saw me standing there looking quite irritated (if you looked closely, you might have seen the steam rising), he took the photo back from the gentleman that he was talking to and said very innocently, “Oh, this is your photo.” While my husband took a few minutes to explain what copyright meant, I accessed his computer and deleted the photo.

Photo Contests

Yesterday while reading msn.com, I noticed an article on “Selling Your Digital Photos”. I read through the article; some suggestions made sense, some not. Then, they mentioned PC World’s Digital Focus Photo Contest, with a link to the rules and regulations – what they called their “mumbo jumbo”. There, under “How to Enter” was the phrase: “All entries become the property of the Sponsor and will not be acknowledged or returned.” In other words, you are giving them the rights to your photo. If the photo that you’ve sent them doesn’t win, it still becomes their property; they can do what they want, when they want, with your photo. And, depending on how well versed in copyright law their lawyer is, if you decide to use your photo on something, and they find out, they may turn around and file suit claiming that they have the rights to the photo. Sound reasonable?

I think not.

Why, then do people enter these contests? I seem to think that most are amateurs who don’t place any value on their pictures. Maybe they see this as their “moment of fame” or a chance to get a few bucks. But they are playing into these folks’ hands. What better way for a company – PC World among them – to add to their personal collection of photos than to run a contest like this? Some people say, “But it’s such an honor that they want to use my photo”. And what if your photo ends up becoming well known and earning the company – who now owns it – a bunch of money? Wouldn’t you be upset? I certainly would be!

If you don’t plan on doing anything with your photos and don’t care who owns them, then I say enter the contests. If you get a few bucks, congratulations! But, if you decide to publish said photos on the net and your doorbell rings and you’re handed a summons to court for violating their copyright, don’t be surprised. Just have your wallet open and ready.