# Copyright / Photo Credit -- Advice



## HeldInTheMoment (Mar 17, 2018)

Hello All,

Recently a formal client of mine has provided a company a copy one of my photos taken of her. Her photo release clearly stated that any commercial use is strictly prohibited without written consent. While I have no problem with the use of the photos in this case, I do however want Credit for the photo taken which is not listed in use from the company.

Question; Do I contact me client to correct this, or the company using the photo?


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## tirediron (Mar 17, 2018)

How is the image being used? Just because they're a company, the use may not be commercial.


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## HeldInTheMoment (Mar 17, 2018)

Technically true and a good point; though, the release and agreement was for 'PERSONAL USE ONLY'. Having the photo be used by another company to promote something, does not fall under personal use as I understand it.

The photo is being used on Facebook to promote their business.


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## tirediron (Mar 17, 2018)

In terms of  a head, or other static shot, "This is Suzy, she works in our accounting department" , or a shot of the accounting department with Suzy at work at her desk?


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## Christie Photo (Mar 17, 2018)

I'm wondering what you want.  Do you want more money for this use?

If so, my feelings are (and always have been)...  great!  Perhaps others (with a similar need or other photography needs) will see it and ask her where she had it done.

Will she tell them what a great experience it was working with you _OR _will she warn them to use someone else to avoid being hit with additional licensing fees?

-Pete


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## KmH (Mar 17, 2018)

Without a use license from you, the company is infringing your copyright, which you say is OK with you.
The client has not honored the terms of the agreement they have with your business, which is also apparently OK with you.

All you want is credit on Facebook for the image.
For that, as the copyright owner of the image you need to contact the company. Preferably through your attorney.
Your attorney would tell them you will give them a no charge use license IF they credit the image to you. If they won't give credit then they have to remove the image immediately per the DMCA section of US Copyright law.

Frankly, an image credit is pretty much useless unless the company is strictly local to where your business is.

I would also let the client know about being aware that the client has not honored the agreement the client made with your business.
Do you have a valid model release signed by the client?
Is the copyright for the image registered with the US Copyright office?


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## HeldInTheMoment (Mar 17, 2018)

@KmH yes, the credit is really only because it is a local business which would help my business grow, in addition the client is violating the terms of the agreement.


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## vintagesnaps (Mar 17, 2018)

Nope, she (the client) can't do that, I don't think. Sounds like the photo is being used for commercial purposes (marketing) if it's promoting a business. Get on American Society of Media Photographers - Homepage for more info. 

Photo credits aren't usually used for commercial/business purposes. Do you see any in ads?? nope (not unless it's something like a large fashion campaign and models/photographers are credited or mentioned in an accompanying article). A photo credit would be used in editorial use (newspaper, magazines).

I suppose try contacting the client, maybe send a reminder copy of the contract, and a link or document regarding copyright, that she can't use the photo for that purpose. Or if needed (if she doesn't or now can't remove it because she gave it to a company that posted it) report the copyright violation to Facebook. Or if you request a takedown from the company, and they continue to use it, try a DMCA takedown.

Do you want to license usage of that photo for commercial use? Then I think you'd need to send a contract to the company using it, including a specific timeframe and purpose, and get payment. 

Nope, you don't work for 'credit', you contract usage and get paid. You won't get credits in commercial use. Look into marketing, ASMP has info. and webinars etc. and there is plenty of info. available out there on how to market your business. Asking for 'credit' after a copyright violation doesn't seem like the best marketing technique.


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## HeldInTheMoment (Mar 17, 2018)

All great points and advice, thanks!

I'm not really that mad or upset, just would like credit when credit is due and as per terms agreed upon with a client.

Though, I agree that it seems to be more damaging to argue for credit versus just letting it go and talking to the client privately.


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## pixmedic (Mar 17, 2018)

the *answer* is simple, as KmH has stated. however, the actual *solution* to the problem is far more complicated depending on the sort of resolution you want and the lengths you are willing to go to in order to get it. 
do you think the company is likely to compensate you for your work?  if not, are you willing to pursue further legal action to protect your interests?
if not, theres no point in doing anything more than  politely asking for photo credit and hoping they actually bother to do it. 
most people that complain about their work being either stolen or inappropriately used dont bother following through with any real threats, and the companies know it. 

if the company is using your photo as a promotional image for their business then that photo has a monetary value whether the company ever had any intention of spending money on their online profile or not. if you have a legitimate contract in place properly spelling out usage to the client then the law is clearly on your side here....its just a matter of whether or not you want to use it, or like most people, just let it slide.


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## HeldInTheMoment (Mar 17, 2018)

Thanks All!

I should have stated before, this isn't THAT serious...it's more of who would I contact, the client or company using the photo?


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## pixmedic (Mar 17, 2018)

HeldInTheMoment said:


> Thanks All!
> 
> I should have stated before, this isn't THAT serious...it's more of who would I contact, the client or company using the photo?




theft *is* actually pretty serious, and the more people continue to devalue photography the more it will continue. 

in answer to your question however, i would contact the companies PR department or whatever email is on their website for a contact.
i would also send another copy of the contract to the client highlighting the usage clause and explaining how they violated a legally binding agreement.


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## HeldInTheMoment (Mar 17, 2018)

Thanks!

I agree, Theft IS SERIOUS...though, in this case it's not life or death and not really worth "fighting" for...though, I was wondering the proper protocol in who to contact and ask for credit when situations as this arise.


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## pixmedic (Mar 17, 2018)

HeldInTheMoment said:


> Thanks!
> 
> I agree, Theft IS SERIOUS...though, in this case it's not life or death and not really worth "fighting" for...though, I was wondering the proper protocol in who to contact and ask for credit when situations as this arise.




call/email the company and ask for some of whatever they make for free in exchange for "credit".


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## vintagesnaps (Mar 17, 2018)

But there isn't credit given for commercial/business use. Take that idea off the table - asking for that is really not an option. The options as I understand it would be to request payment or ask for a takedown and/or report the copyright violation to the site ownership.

This is a business, the company is potentially making money from using your photo. So why shouldn't the photographer be paid for that usage? That's the thing, people let it slide, and it just seems to add to the reasons photographers struggle to make money.


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## KmH (Mar 18, 2018)

On occasion commercial use is indeed credited, and with a small local company, negotiating credit is more possible than if dealing with a large corporation.

While credit has very little value that little value would constitute pay for usage.
After all, the image in question is not being used in a way one would consider a use to help generate sales.

To me it is mostly important to establish with the client and the company she works for that the photographer's business is aware of the unauthorized use of their copyrighted image, and that some type of remedial action on their part is required.
I would require the image be taken down.

The situation was fomented by the client's ignorance of the contract terms with the photographer.
I take it the OP has already spoken to the client since the OP seems to know the client gave the image to the company?
The more I think about it the more I think the photography business needs to contact the client and that the client should tell the company she works for that the company has to take the image down. Leave it up to the client to tell or not tell the company why
If the client balks at doing that, then the photographer would contact the company directly.


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## Jeff G (Mar 23, 2018)

I'm way out of my league here, but if you set a precedence of not protecting  your contracts and or copyrited materials, later on if you need to challenge someone in court couldn't your lack of enforcement in previous instances be used against you?


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## john.margetts (Mar 24, 2018)

Jeff G said:


> I'm way out of my league here, but if you set a precedence of not protecting  your contracts and or copyrited materials, later on if you need to challenge someone in court couldn't your lack of enforcement in previous instances be used against you?



I wouldn't have thought so. Such a defence would be on the lines of "other people steal from this chap so it is fine if I steal from him as well."  Of course, in the end it will depend on where you are. I am quite sure it would not wash in England.

Sent from my 8070 using Tapatalk


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## Christie Photo (Mar 24, 2018)

Jeff G said:


> ... later on if you need to challenge someone in court couldn't your lack of enforcement in previous instances be used against you?



I don't think so.  That's a bit like saying if a woman says "yes" once, then she cannot be raped.

-Pete


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## Jeff G (Mar 24, 2018)

Sometimes our legal system makes no sense. Not much point in having contracts if they are ignored.


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## Jeff G (Mar 24, 2018)

Sometimes our legal system defies logic. I have to wonder what is the point of having a contract if it is to be ignored.


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## Dave442 (Mar 24, 2018)

I would think that your "formal client" is a good potential reference for future work and the business that is using the image is a potential client. 

For anything related to obtaining compensation from the use of the image I would run though an attorney and have them make any request if the consultation indicates that as the preferred course of action.


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