# How do you protect your photos from people scanning them



## Sharonbo (Feb 16, 2010)

Not sure if I did this right the first time, so here I go again! I am wondering if anyone has some advice on how you protect your photos? I have already had this happen where a customer only buy's a few photos. Once they have the photos, they scan and get all the sizes they want, just not from me. :-(

I am very new to selling my photos. I am trying to be fair, but very, very frustrated when I know what some have done.  

How do you protect a photo from the scanning process? Is there any company out there that has special paper that would prevent this? 

Thanks so much for any advice!


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## Battou (Feb 16, 2010)

I actually cought a couple doing this with their childs photos from (most likely) Wal-mart. They where scanning their one 8x10 and getting dozens of 4x5's and smaller at the local Rite Aid where at the time they had a Canon Lide hooked up to their one hour lab printer. The simple fact the image was still in the packaging they got from the studio simply ment nothing to the manager of the store, She helped them work the scanner and printed them off like any other scan request.

All I can really tell you is keep an eye on the bigger commercial scanning places and tear into the managers when this happens at a retail store. As for home scanning I have no suggestions for you, it's virtually unstoppable. It's safe to assume that most (Not all) customers are going to be working with low end photo printers with low end photo paper, So, that said, I personally would say if they are willing to accept the hit in print quality to save a few bucks by reprinting at home, let it go and when they complain about the color running or fading...it's their own fault.


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## suki (Feb 16, 2010)

how do you know they're scanning their photos? Do you have proof? If so, put it in your contract that they are not allowed to reproduce the images unless they have paid some sort of reproduction release (similar to those that purchase DVD's of images) allowing them to do so. If you find out later that they scanned the images and reprinted them and can prove that they did then you can probably demand payment for those images. Though, you'll most likely have to threaten legal action and at that point you'll have to pay for court fees, so it's up to you if it's worth pursuing.

I *think* that there is some way to watermark your image so that it'll show up if they try to scan/reproduce the image anywhere else. You'd have to look into it though as I'm not entirely sure if it's true or how effective it is.


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## Sharonbo (Feb 16, 2010)

Yes, I have proof...a friend came to me simply because she was upset they did this to me. It is a long story..but yes, it is true. 
The watermark idea is something I have heard mentioned once on the net. Though I have tried to research it more...I cannot find any info. Something about...the photo paper as you said, when scanned, a big watermark would appear! Now that would be cool. 
Battou, I am surprised at Walmart. When I have just gone in to get a quick photo for me...they have told me I had to sign and statement saying I had copyrights. Thanks so much for both of your input!  
I am new to the photography world of selling. eacesign:


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## Sharonbo (Feb 16, 2010)

Battou...by the way...looked at some of your photos. I love them!


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## Battou (Feb 16, 2010)

Sharonbo said:


> Yes, I have proof...a friend came to me simply because she was upset they did this to me. It is a long story..but yes, it is true.
> The watermark idea is something I have heard mentioned once on the net. Though I have tried to research it more...I cannot find any info. Something about...the photo paper as you said, when scanned, a big watermark would appear! Now that would be cool.
> Battou, I am surprised at Walmart. When I have just gone in to get a quick photo for me...they have told me I had to sign and statement saying I had copyrights. Thanks so much for both of your input!
> I am new to the photography world of selling. eacesign:



You misunderstood me a little. What I meant was the the photos where likely taken at Wal-Mart, It was at the local Rite-Aid that the couple was reproducing them. Some time after it happened my local Rite Aid changed photo processing providers and changed out the bulk of their machines and the scanner for customer use has been removed. Not due to copyright infringement but just the processing company machine change to comply with their new contract. So it stands to reason that there are still some facilities like Rite-aid or Walgreens and the like that still have the scanning equipment available to the customers directly.

Wal-Mart is pretty good about copyright maintance, I have to assume they got hammered at some point in the past, either that or they run the photo lab like they do their auto shot...By the book letter to letter.


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## Battou (Feb 16, 2010)

Sharonbo said:


> Battou...by the way...looked at some of your photos. I love them!



Thanks. I've been getting a little sloppy lately due to issues in other aspects but, I thank you.


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## Overread (Feb 16, 2010)

First line of defence is a simply written and easily understandable (no legal jargon) contract for each sale of a photo to a person. This is to inform them of their rights - to tell them what they can and cannot do since most people see no harm nor legal (or moral) problem with using a home scanner. Infroming them in a polite and non confruntational way via the contract in advance will help to discourage some.

The next level is to put your copywrite on each sold product. Of course most people won't want this on the front of the print but rather place it upon the back - most reputable printing places will not copy and reprint such articles unless they are accompanied by a letter/contract persmission from the photographer. If you do catch a place doing clear copies then you can take legal action against them.

Then there is timescales, volume of sales and your prices and this is a much much more complicated area - essentially very few people will go back for reprints once the first order is sold and done with. And the longer after the shoot the less likley they will be to come back for reprints (though good service might have them come back for a reshoot). Thus you have to get your most out of them in one single go.


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## Sharonbo (Feb 16, 2010)

Overread, I think you are right. I have sold a few CD ($195.00) with full copyrights to the customer. That way...I make something and they can copy as they please. I am not looking to make big BUCKs...gosh no. Just something for my time. 
Thanks for all the information. I just signed up today on this site. I love looking at others photography and learning. Thanks!


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## Overread (Feb 16, 2010)

There are some big divisions in the working photographic community as to when someone should sell the full copywrites of their work and even bigger divisions on how much that copywrite is worth to the photographer. 

My personal view is that - in a world where the the average customer can easily copy the image into a digital medium and then onto the internet and onto paper again it is not going to be 100% possible to prevent reporoduction of ones work.
I would persaonlly sell the customers a limited right to reproduce the images for personal use - that way keeping them from using the images in any commercial sense. You might not think that this will happen, but having an effective coverall policy from the start is more protective than always having to react to events.

edit - also limiting them to just copy and reproduction helps to limit chances that they will not edit the results themselves (eg adding "cool things" in photoshop). Themselves they would consider this innocent but it could be damaging for you if people see poorly edited images with your name attached. Again restricting their right to edit the images is something that you would have to bring up in the contract with them in a clear manner.


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## The_Traveler (Feb 16, 2010)

Have you tried printing on more highly textured paper?  This becomes much harder to scan well.

Selling an entire disc of finished images for a low price has several negative effects.
1) You have to finish them all because the client will print one, it will look lousy and then you get the blame.
2) you have no control over the quality of printing and when it looks lousy - well guess who gets the blame then.
3)  you set a very bad example for your own future business.

And it's copyright.


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## matfoster (Feb 16, 2010)

Sharonbo said:


> Overread, I think you are right. I have sold a few CD ($195.00) with full copyrights to the customer. That way...I make something and they can copy as they please.



this does seem a pragmatic solution. new ventures thrive on cashflow and momentum, not paralysis through over-analysis.


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## KmH (Feb 16, 2010)

Sharonbo said:


> I have sold a few CD ($195.00) with full copyrights to the customer.


If you sold full copyrights to the images, *they don't belong to you anymore*. You can't use them for promoting yourself or any other commercial purpose. *But your client can!*

The idea is to *retain all your rights* to the images and sell the client a use license.

The use license would state that:

You retain all your rights to the images, specifically the copyright.
The client is granted limited rights to reproduce the images.
The client is prohibited from using the images for commercial purposes, without your written agreement.
The client is not allowed to enter any of the images in any contests, without your expressed written permission.
Reproduction of the images should be specifically limited by size, in the case of prints, and by resolution for web usage.
You should write the images to the disc at a resolution that only allows a quality print at the size limit your use license specifies.
A copy of the use license needs to be made into an image file, like a PDF, and included on the CD so any print lab will know what the client is allowed or not allowed to purchase.

Any print lab making and selling products/prints to your client that exceed the scope of your use license, that is printed as an image file on the disc, would have legal exposure to your seeking compensation and damages in court from them.

You need to personally visit the lab that made the prints for the client, if a print lab is involved, introduce yourself, explain what happened, leave a few business cards, and let pleasantly them know that you will likely persue all available legal recourse if they do it again.

Most chain outlets, like Wal-Mart, Walgreens, Rite-Aid, will refuse to sell prints to a client unless they certify they own the images, if the images have a copyright statement or a watermark.

There are a *ton* of Internet hits about watermarking photos:

watermarking photos - Bing


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