Photography Copyright: Q & As Part Two

Read Photography Copyright: Q&A Part One for advice on photograph copyright ownership, copyright labeling and how to protect your images. Please bookmark this blog or, even better, sign up to my mailing list to stay connected.

How do you add a watermark to photos?

Whatever software you use will do it. You can use Lightroom or you can overlay your image using Actions in Photoshop. You can create a layer. With Sportiva, I have essentially got both of our logos, combined them into one and created a specific layer action. I put this in the corner of the images, so that when people download their free image we get that publicity.

Can I copyright photos on Facebook (Meta)?

In a word, no.

In your terms and conditions with Facebook, you basically lose the exclusive photograph copyright. You agree that Facebook can use your images. Think about when you get memories popping up on your Facebook app. That’s not an algorithm on your phone saying, ‘You posted this image 12 months ago.’ That’s Facebook saying that you posted it 12 months ago . They’ve actually stored your files on such and such a date on your little piece of cache memory. In your little file, they’ve got all these memories. They need your permission to use these images. So, if they’ve got your permission to use them, what else are they using them for?

You have to sacrifice a few images and use them as PR material. It’s like the images I send to the pantomime people. When The Princess Theatre put them on Facebook and Instagram or whatever, they’ve given them the right to use those images. Later on, in 12 months time, maybe as a memory, those images will pop up and you will get an advert on somebody’s timeline. So you’ve got to find that fine line. Speculate to accumulate.

How do you deal with issues such as photograph copyright infringement and incorrect/missed bylines?

With photograph copyright infrigement, it’s a nicely worded letter making them aware that they’ve used that image and contravened the usage rights and asking them what their plans are from here on in. Let them respond to you. If they say, “We don’t give a monkeys,” then you can just turn around and bill them.

So, let them refuse to pay you, then you’ve got a legitimate excuse to go in hard and say, “You contravened the usage rights. According to copyright law, you owe me such and such. Attached is the invoice.”

If an editor you have a good relationship with messes up on your byline (e.g. missing it out or attributing your images to someone else), and you aggressively bill him for it, he will turn around and not use your images again. So, it’s swings and roundabouts. It’s a very small world. Everyone talks to one another. If you’re the editor of a local paper, you’re going to know everyone.

An old mate of mine, who has passed away now, used to use the word ‘Ere! He was from Manchester. He would send a message to editors saying, ‘Ere! What have you not done this week then?’

So, you’ve got to be diplomatically nice, but don’t take any messing. I do it with light-hearted banter. I might say, “Oi, that’s twice you’ve missed my byline. Is it the same guy doing the sub-editing this week? Three strikes and you’re out.” Police it – but nicely. Don’t go hell for leather at them. Part of being a professional is how you deal with people. It’s like what I said in my article about photographing people: It requires the diplomacy of a politician. You’ve also got to have the patience of a saint and the stamina of an athlete. You’ve got to have all these attributes, not just know how to use a camera.

Can a newspaper or magazine editor edit my photos?

Ego’s got to go out of the window when it comes to papers and magazines. They will crop images from horizontal to vertical to fit the page, and ruin it as far as you’re concerned. To get around this, I always supply both formats. But if you haven’t done this, what can you realistically do about it? The damage is already done. By the time you’ve seen the results, the picture’s hit the public domain. So, you’ve just got to suck it up and be nice.

If you’re abrasive with the editor, will he really want to work with you again? Editors make mistakes. The pressure of deadlines has an impact. Give them the benefit. You’re not the only person they’re dealing with. Besides, if you’ve sent him a horizontal image and he needs a vertical one for the page, he might have cropped it rather than bother you to save you both time. He may well be sitting at his desk thinking, ‘Sorry, Al. I had to crop that vertically. I know it’s not as good as the one you sent, but it was the only space I had.’ If he sent apologies to every photographer, he would be there all day doing it.

Have a burning photography question you would like Al to write about in his next blog post? Email info@miraclepr.com with your request.

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