Archive for May, 2008
Protected: Copyright Part Deux
Saturday, May 24th, 2008Copyright – Copy WRONG!
Saturday, May 24th, 2008Last 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.