Don't give your images away!

[Bean Counter]

"Hi! Can we use your photo? We’ll give you a credit in our publication, but we have no budget to pay for photos.”

This kind of request has become commonplace in the email inboxes of photographers around the world. They come from journalists, TV companies, magazine editors – you name it. Remember that photo of the weasel riding a woodpecker? It was a once in a lifetime shot and went viral worldwide – and rightly so! Wildlife photographers everywhere went green with envy. Just think how much money the photographer Martin Le-May would have got – easily a dream holiday or a new car. But he didn’t..."

http://www.naturettl.com/the-problem-with-giving-your-photos-away-for-free/

[Special T]

Great article BC I know a couple people who have had thier hobby $ from selling thier amazing photos as a result of thier photos high jacked. Some in the same way, some just plain were stolen.

Spread  the word!

[Bean Counter]

Well I hope they've learned after the first few. They should definitely watermark their images as federal copyright law allows for special punishments for thieves that crop or edit out watermarks. Other additional punitive damages can be levied if the image is registered with the U.S. Copyright Office. Artistic works do not have to be registered in order to punish a thief but additional statutory damages will apply   

I hope everybody read that when you enter the monthly photo contest here on H-W, you're essentially giving your photos to the forum as a stipulation of entering 

[Special T]

One did have the watermark removed and only found out from a friend. The unfortunate part is that it appears to take a bit of $ to make them pay.. do you have any insight or link as to the actions some one can take with out incurring a lot of legal bills?

[Bean Counter]

Worst thing they can do that is unfortunately done all too often is to contact the infringer directly, especially without doing some research. The first video below addresses this bad idea.

Here's a few to get you started:

http://www.photoattorney.com/three-more-dmca-cases-of-note-for-photographers/

aaand some videos

[Bean Counter]

I'm watching this one right now. I saw the first edition but not this revised lecture. Great stuff.

"..If you photograph for free to get your foot in the door, all you're going to be left with is a sore foot!..."  

added: My gawd photographers are a foolish, stupid bunch 

[nalley112]

Most photographers put a lot of time and effort into getting that one perfect shot why would anyone want to just give it away for free?!! Just dumb!

[7mmfan]

I've had 3 of my personal photos that were shared for personal use with an ex employer show up all over the internet and have been seen in various publications. Chaps my hide that I was to naïve to see it before it happened.

[grade-creek-rd]

If you find one of your images in a publication then send them an invoice for the image. If they refuse to pay then let them know you will send it to collections...collection companies make their money on fees administered to the person who owes the money. Most of the time the publication will either send a payment (reasonable offers of course) or will at least learn that whoever their source was for the image stole it and not use them again for future use. Plus demand a redaction for credit, often done in small print in some obscure place in the next issue, but at least you will have proof and credit...I now watermark everything I put on Social Media.

And also, if you are published, even without them giving you credit, then exploit the heck out of it! Like, "my photographs have been published in XYZ magazine..." and use that to sell images to other publications, at least you get something out of it.

Grade

[popeshawnpaul]

I don't mind sharing a few photos that are not of the quality or what I would care to put in a publication.  (ie, huntwa contest)  I do not give away quality images and am highly against it.  So many people do it for the notoriety...lol.  There are better ways to get your name out there.  If a publication or entity wants to use the photo but they have not set aside a budget for images and graphics then they don't value them and they don't value your images.

IF, and it's a big IF, they offer a pair of binoculars for your image then great.  I won a pair of Vortex binoculars by sending in an image I knew would win their contest.  I knew by doing this I was giving them my image but it was worth it for these 15x50 binos...    I hate  hate hate when people just give cover and other images away.  It's stupid and devalues the work of the pro photographers.  Most of the time it's not a problem because the quality isn't as good and that is apparent so the pro knows it's just an amateur photo.  But I see so many young talented photographers take really good images and make the mistake of giving them away.

I have made this mistake once.  I put in for a photo contest at Wild Sheep.  I got nothing for it and came in 2nd place.  I'm glad I didn't win because my buddy came in 1st and they are still propagating his photo everywhere all over the internet years later, in every magazine they put out, in their ads for other magazines, etc.  He really got nothing for it and they use the image he gave away to the tune of thousands.  He knows it and doesn't put in for this contest anymore as I don't either.  Wild Sheep has lots of money, they can afford to pay and regularly do.  The one exception is if you are involved in a small non-profit.  I donate some of my average images to small non-profits like WA State Bowhunters that I'm involved with.  If it helps the publication look better and promote the club, I'm ok with that.  I also love supporting WA Wild Sheep and donate an image to them each year.  Sometimes I donate other items and that's up to the person that is supporting the non-profit. 

The photo industry is certainly watered down these days, but publications have money or they should.  Everyone has a digital cam and shooting images nowadays.  Watch out for photo contests.  If you don't get anything out of it you are likely just giving your image away.  It's well known that if a publication wants free images they put out a "contest" and they get tons of cool images for essentially free.  You feel like you win but you really just gave away an image for no good reason.  The worst was the WDFW "contest" for the regulations cover.  Congrats, you win the cover but get nothing in return!  How easy would it be for them to give a free combo license or something?  Montana puts images in their regulations and runs it like the advertisement for their product that it is.  They pay for images.

I could go on and on.  Good post.

[pd]

One of my neighbors has been taking photographs of sunrises over the Seattle downtown skyline for more than a decade, and posting them on her own webpage.  She frequently receives requests from media organizations for permission to use a particular shot, but they never offer payment for said use (just a photo credit).  It is her choice, and she allows it.

Personally, I think this is foolish.  Once upon a time media (especially newspapers) actually employed staff photographers.  Now, for the most part, they troll the web looking for free images.  Do you see the pattern?  Media still sell their paper/magazines, but now a professional photographer is out of work, replaced by an amateur.  This is no different than loosing your drywall or landscape job to a lower paid illegal worker.

I encourage all of the amateur and semi-professional photographers to publish their work, and even sell at a low price (your choice), but don't feed the media beasts by giving away your labor for free.

[Bean Counter]

If you find one of your images in a publication then send them an invoice for the image....

Grade, respectfully sir, this is not the best way to go. Please watch the videos I liked above from the attorney. All he does is sue thieves for stealing images. Unfortunately this strategy is as common as photographers giving their work away and only compounds the problem. The principle reason to not contact them directly is that you allow them time to circle the wagons and you also may only be seeing the tip of the iceberg as far as infringements go. He cites the example of you walking into say a Home Cheapot and seeing your image on a cardboard product cut out. Apparently it happens all the time. If you contact them directly, even if everything goes as you hoped and they pay up, they'll likely have you sign something that absolves them of any other damages for use of your image, as well as an NDA. Little did you know they're also using the image online, worldwide, in company training manuals, etc that would have fetched a much, much higher price. He goes through examples of people who settled for less. Would you shoot a spike opening morning in the Henry Mountains?

[Bean Counter]

I've had 3 of my personal photos that were shared for personal use with an ex employer show up all over the internet and have been seen in various publications. Chaps my hide that I was to naïve to see it before it happened.

Did you photograph the images while at work/getting paid? if so, they may own the images   

[Bean Counter]

Most photographers put a lot of time and effort into getting that one perfect shot why would anyone want to just give it away for free?!! Just dumb!

Just this week, yet another idiot giving it away for free 

http://www.nbcbayarea.com/news/local/Photographer-Captures-Breathtaking-Wedding-Photo-in-Yosemite-Attempting-to-Track-Down-Couple-392381271.html

Karas shared the photo on Instagram and Facebook in hopes of hunting down the couple so that he could share the priceless picture with the newlyweds.

[nalley112]

first thing i learned when started to sell and get photos published is to never work for free and give any photos away for free! with very little research and common sense people should know this!! great post on this one wish this would go viral to all photographers to see!!

[7mmfan]

I've had 3 of my personal photos that were shared for personal use with an ex employer show up all over the internet and have been seen in various publications. Chaps my hide that I was to naïve to see it before it happened.

Did you photograph the images while at work/getting paid? if so, they may own the images   

Technically yes, but as an independent subcontractor. Never signed a contract.

[grade-creek-rd]

Bean...my point was after the fact, that the company or media publication have already used the photo and obtained it from a source that didn't have the right to provide it to them (or they flat out stole it somehow) and your choices at that point are to do nothing and get nothing or send the invoice and demand payment as you still retain all rights. Let them circle the wagons (they already know they got the image free and shouldn't have) and hopefully offer at least something...if you don't like the offer then deny it and again, send the invoice for the worth you put on the image (and send a cease and desist letter). This idea though of "thousands of dollars lost" (pope mentioned this) is a farce as cover shots (on hunting magazines) go for from $50 to a couple of hundred...not "thousands" (they used too, but I totally agree the giving away of photos has flooded the market and decreased the market value of all photos).

Grade

[grade-creek-rd]

By the way...the only time I've ever had to do this I just mentioned a Cease and Desist Letter to the company and they backed way off...almost like, "crap, you know what your talking about..." My scenario was slightly different, not only was a publication re-selling/re-using-re-distributing my photos but also articles and my agreement with them was "one time rights". It was a short discussion on what "one time rights" meant and the activity was stopped. I wouldn't have even known about it until one of the employees talked about how popular my stuff was becoming in a different region from another publication they traded my stuff for to gain advertising in that other region publication...I was not happy about it!

Grade

[Bean Counter]

Well I'm no attorney myself. I suppose there's a lot of ways one can respond and the type of use and attitude of the infringer would dictate a lot of my response.

I'll bump this one more time and implore everyone who shoots photos to watch it. Despite its length, the attorney breaks down this discussion point by point and the financial and legal ramifications thereto. Copyright laws are federal laws, ergo copyright infringements are federal cases, so you don't have to worry about whether his advice is applicable to your jurisdiction.