With the basics covered, let’s move on to some practical advice to evade copyright infringement. After all, no one wants to end up in a courtroom over a post on social media, right?
Is the disclaimer at the bottom of the post effective?
It may seem like an excellent idea to include a disclaimer in the bottom of your blog post, but it may not be as effective. It’s like putting a band-aid on a broken leg – it doesn’t really solve the problem. Before posting a photo, check that you have the rights to use it.
Don’t take the Chance
Resist the temptation to use a photo without permission if you are not sure if it is in the public domain. It’s not worth the risk of a copyright infringement case. It’s like trying to pet a sleeping tiger – not the best idea, right? Sharing memes is one thing. But putting someone’s image on your site, your business page, your product, or your website can lead to hefty fines.
Ask the Photographer: You don’t always have to pay to play.
Ask the photographer for permission if you’re really interested in using a professional photograph. They might say yes, and you’ll avoid any potential copyright issues. It’s like asking your friend to borrow their car instead of just taking it for a joy ride without asking. It’s less drama.
How Photographers can Protect their Intellectual Property on Social Media
Let’s change the perspective and discuss how photographers can safeguard their work on social media. After all, it’s a jungle out there, and photographers need to be armed with the right tools to protect their intellectual property.
Register every single photo that leaves your hard drive
To protect your work, you should register each photo that leaves the hard drive. It’s like putting a tracker on your car – it gives you peace of mind knowing that you can always locate it.
Watermark Controversy – Does It Help or Is It Amateur?
Watermarking can be a controversial subject. Some photographers think it’s amateurish, while others believe it’s a valuable tool for protecting their work. In the end, it’s a personal choice. A watermark is a bit like a signpost. It tells people who the photo belongs. Watermarks are important to me because if someone uses one of my photos for advertising without my permission and removes the watermark I can prove that it was not an accident. The court would find them guilty regardless of whether the incident was accidental or not. However, in some cases, the court will award additional damages when there is evidence that they knew it wasn’t ok to use a photo but did it anyway by removing the watermark.
Intellectual Property Hunters Subscription-based Image Finders
Subscription-based images finders are a great way to track down unauthorized use of photos. It’s like having a private detective on your side, helping you track down any potential copyright violators. Understanding how image licensing works can help you protect your content.
I don’t go after everyone who uses my pictures improperly. The service I use for keeping track of my digital photos sends me notifications every time someone takes a screenshot to use as a background photo on social networks or it is shared on Facebook, which I had hoped it would. I love that people share my photos and I’m even happy when some people want my photos for their own desktops or social media. I’m not against those people. I’m against those who steal my pictures and use them for profit without permission.
What do I do if I receive a letter from a photographer claiming that I have infringed upon their work?
While receiving a copyright infringement claim letter can be intimidating, there’s no need for panic. You can take action to protect your rights.
Photographers must prove they own the photo and have the copyright.
First, ensure that the photographer has proof of copyright ownership and the photo. In fact, it’s crucial to ensure that the photographer retains copyright ownership. Don’t just take their word for it – ask for evidence.
Call an IP Attorney if you think you need representation
If you think you need legal representation, don’t hesitate to call an IP attorney. They can help you understand the complexities of copyright laws and protect your rights.
You may be asked to pay the licensing fee and an additional fee for infringing.
If you’ve infringed on a photographer’s copyright, you may be asked to sign an image licensing agreement, which is a type of license agreement, and pay a minimum license fee for infringement. It’s like paying a fine for a speeding ticket – not fun, but necessary. To avoid this, you should consider licensing images and photo licensing agreements in advance.
You will lose if you infringe on a patent.
Remember that copyright infringement can end up at court. If you’ve infringed on a copyright, there’s a good chance you will lose. If their photo has been registered with the Copyright Office then it is as close as you can get to a guarantee. They prove they have the copyright and show a screenshot that you stole the photo. You could be facing up to $150,000 of damages in an instant.
So, think twice before using someone else’s work without permission.
Not All Infringement letters Are Real. Some are Scams
Remember that not all letters claiming infringement are genuine. Some are scams that trick you into paying money to cover up non-existent copyright infringements. Verify the validity of any infringement letter prior to taking action.
Photographers: What to do if someone steals or misrepresents your work
To return to our focus on photographers, if someone is stealing, or misrepresenting, your work, you can protect your intellectual property by taking the following steps.
Before Anything Else: Screenshot & Document Every Instance Of Infringement You See
First, make sure that every copyright violation is documented. It’s like gathering evidence for a court case – the more evidence you have, the stronger your case will be.
Determine What you want to happen – What is your desired result?
Clarify what you want to achieve. Do you wish the offender to remove your photo? Would you rather be credited for your work or not? Knowing what you are looking for can help guide your decision.
Requesting a Takedown or Credit Given
You can request either a credit for the work or a removal of the content, depending on what you want to achieve. Just remember to be polite and professional in your request – it’s always better to start with a friendly conversation.
Send an invoice for the use of your property
If the offender will not remove your photo or give credit to you, send an invoice for their use. It’s like sending a bill for a service – you’re simply asking to be compensated for the unauthorized use of your work.
Contacting an IP attorney
If all else fails, you should contact an IP attorney. They can give you legal advice and protect your rights. Remember, you don’t have to navigate this tricky situation alone.
It can be difficult to navigate the copyright laws, especially when you’re in the digital jungle that is social media. Social media users and photographers can both benefit from the right knowledge and tools to avoid potential legal issues. Remember, when it comes to copyright, it’s always better to play it safe than sorry.
Frequently Asked Question
What is the difference between Rights-Managed and royalty-free photos?
The photos that are managed by rights may not sell as frequently, but they will bring in a nice amount of money when they do. The royalty-free photo is all about making a lot of small sales. It’s like choosing to make a few large payments or many small ones. Cheers!
What is a Rights Managed Image?
If you have a rights-managed image, it’s like borrowing a friend’s sweater. You can use it, as long as it’s done according to the rules. However, if you’d like to wear it somewhere else, you’ll have to ask again for permission.
What is the difference between copyright-free and royalty-free images?
Royalty free images may require upfront payment but can be reused multiple times without additional charges. Copyright-free pictures are often found in public domains, and they do not require payment to use. A royalty-free image would be like buying a pair of comfortable, well-fitting shoes. But a copyright-free picture is like finding a pair of slightly worn, but still functional, shoes at a yard-sale.
What is the copyright?
Copyright is a VIP pass that tells creators “hands off, my masterpiece!” It lasts as long as the creator lives plus another 70 years.
What is copyright violation?
Copyright infringement is like taking someone’s lunch from the office fridge – you’re using something that doesn’t belong to you without asking! Don’t be the person who does that!
Original content by www.gcprophoto.com. “Image Copyright in Socal Media Platforms. Can I use the photo? — Greg Cooksey Photography”
Read the complete article at https://www.gcprophoto.com/blog/social-media-image-copyright