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Respect Copyright Ownership:Support Artists & Photographers

Caring is sharing, yes? Not always. Thanks to social media, we’ve all become experts at sharing stuff online, especially images and videos. However, we do so with little thought. We don’t stop for a second to wonder whose propriety work we may be using.

We apply the same conditioned naivety to our websites and blogs. We all know images spruce up a page, right? So, we grab the best images we can find—often picked off Google images, or some website via right-click-copy-image.

‘What’s wrong with this? Aren’t all images posted on the web free game?’

No, they’re not.

Every image you see on the internet belongs to someone. That’s the rule of copyright. The moment a camera’s button is pushed, and the shutter clicks, the resulting image has an owner. And on many occasions, the owner is a professional photographer making their living from the work. An artist who charges per print. And one who has a right to sue for breach of copyright.

What Excuse Can You Use?

It’s been said that excuses are like armpits. There are usually two of them and they both stink!

Unfortunately, there are no valid excuses you can use.

‘But I didn’t know,’ you say. Ignorance is not an excuse that holds up in court. ‘But I gave credit. I added attribution to the image.’ If you lifted a pair of jeans from your local Kmart, would adding a label saying, “Credit: Kmart” make it not theft?

‘Surely this is different?’ No, it’s not. Copyright law makes it the same.

‘But I got the image from Google images, you know, that online library of images that Google so kindly offers.’

Sorry to tell you this but Google does not own the images found in Google Images. They merely display images found on the web—images owned by others.

‘So, what do I do?’ That’s the question to ask.

First, remove every image from your website that you don’t own or that is not copyright-free.

‘Now?’ Yes, now. Right away.

‘You’re serious?’ Yes, I am. Need some motivation? Do a search on the phrase image copyright infringement penalties and you’ll see that photographers are suing for breach of copyright, and the penalties can number in the thousands of dollars.

So, yeah, go get those images off your website immediately. I’ll wait here for you. I’ve got a few alternatives to offer when you’re done.

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Your New Best Friend?

Let me introduce you to yet another source of copyright-free images. In fact, let me introduce you to your new best friend. Step forward. Don’t be shy. Say hello to…

Canva.com

Canva is an ingenious platform that helps you create all sorts of images for online work.

Not only do they offer ready-made templates you can use as is, or edit to suit, they also have hundreds of free images you can source. And their premium rates for stock photographs is very reasonable, too. The great thing is you don’t need to leave your Canva dashboard to do it all.

You can drag and drop a pre-made template or let your imagination soar on the blank canvass before you.

Have fun!

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What About Sharing Images on Social Media?

‘Can I get into trouble for sharing images and videos on social media?’

Good question. Generally speaking, if you’re liking or pinning or sharing someone else’s posts, you’re fine. However, if you upload an image to Facebook or Pinterest and the like, you should error on the safe side by making sure it’s an image you own or one that’s copyright free.

Pinterest is the fastest growing social media platform in Australia, according to StatCounter. They have, however, been sued several times by photographers for copyright infringement. However, they obviously cover themselves in their Terms of Service.

Pinterest, Terms of Service

Yep, the onus is on you the pinner.

Instagram is even more emphatic.

Instagram, Terms of Service

Facebook is less so but they still put the responsibility on you, the user.

Facebook, Terms of Service

Tread carefully. The rule is don’t peddle an image if you don’t know its source. Get into a habit of only ‘trafficking’ in copyright-free images, and you’ll be fine.

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What Can You Do as a Photographer?

It’s a horrible feeling seeing your work used (or worse, misused) by others, especially when they’re using your work for their own commercial profit.

What can a photographer do?

First, you need to do what you can to protect your images.

A prominent brand-name watermark is still your first and best deterrent.

What about right-click-disable tools? Yes, it’s handy for client galleries and serves as another deterrent against clients filching the images before they pay for them. However, if someone wants the image, it’s actually easy to hack around right-click-disable function. More importantly, the right-click-disable feature frustrates regular site visitors, as it disables all user-friendly features (including features such as ‘Open page in new tab’). If you’re after a good user-experience, and UX is important for SEO, then only use right-click-disable on your client galleries (which are typically private anyway).

What else can you do?

Make sure your image includes identifiable EXIF information.

You can do this manually with each image you edit or you can use a tool like The eXifer to doctor multiple images at a time.

Simply drag and drop your images into the editor. Select the option to eXIF All the Images” (at the same time) and fill in the Artist, OwnerName and Copyright fields.

Then download your images. They’ll be securely deleted automatically from the site after eight minutes.

Just one thing to note. The site has a limit on file sizes: 1MB. So make sure you’ve optimised the images before uploading them.

You may also consider registering your photographs with an image registration service.

Through a service like Myows, you can generate licenses and contracts, search for unauthorised usage and build cases against those who infringe on your rights. And the service is free for up to 100 files. Beyond 100 files, their rates are very reasonable, too.

Have your images being used without your permission?

Google Images gives you an option to reverse search for your images. So kind of Google considering they’ve helped create the problem!

Click the little camera icon:

Then search by image URL or upload an image:

Alternatively, you could also use a resource like TinEye.

What should you do if you find an image used without your permission?

First, count to ten. Or one hundred if you need to.

Second, give the transgressor the benefit of the doubt. They’re more than likely ignorant of copyright law. See it as your role to educate them.

(I strongly feel we should exercise patience and grace. The vast majority of people aren’t trying to defraud us. They simply don’t know. The reality is, we’ve all probably transgressed in this department at some point—especially given how easy it is to post images via social media.)

Third, reach out to them and ask them firmly but politely to remove the image.

You could also send them the link to this article, as it reminds them of the law of copyright and offers sources for copyright-free images.

The Photo Attorney helps photographers with their legal needs. While it’s American based, they offer a heap of excellent articles and for U$9.95, they provide twelve customisable documents in Microsoft Word format that include things like:

Copyright Infringement Cease & Desist/Demand Letter
Copyright Transfer Form
DMCA Takedown Notice
Settlement Agreement for Copyright Infringement Claims

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How Can I Support the Respect Campaign?

Want to support artists and photographers via the Respect Copyright Ownership campaign?

Great!

It′s super easy.

Simply choose a version of the logo you prefer and add it to your website. (Want the logo in your colour theme? Please get in touch.)

Where on your website? Anywhere will do. You could create a section on your About page listing the causes you support.

If you′re not sure about how to add the code to your website, you could simply right-click-copy one of the logos you like. In this case, please add a link to this webpage and add the words Respect Copyright Ownership in the Image Title and/or Alt-Text fields.

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Option 1
Copy-paste this code onto your site:
Option 2
Copy-paste this code onto your site:
Option 3
Copy-paste this code onto your site:
Option 4
Copy-paste this code onto your site:
  • If you’re using WordPress, you’ll need to open the Text Editor (via the little tab on the far right of the editor).

    Paste the code into the Text Editor. And then switch back to the Visual Editor when you’re done.

Again, if you want the logo in your brand colour, please get in touch.

Disclaimer

I’m a photographer not a lawyer. It goes without saying that I cannot be held liable for anything related to copyright law and its application. Please do your own homework and consult a copyright lawyer if required.

The purpose of this article is two-fold. First and foremost, to raise awareness. Secondly, to offer some proactive help. On the one hand, I’ve provided image hunters with sources of copyright-free images. And on the other hand, I’ve provided a heap of helpful links that photographers should check out.

For over a decade now, Lorna Kirkby has enjoyed the thrill of capturing special of moments for her clients. She specialises in memorable baby, maternity and newborn photography, and it would be her absolute pleasure to serve you. Contact her today.

See all she offers on the home page or visit her newborn gallery. Drop her a line via the contact form if you have any questions.