View Full Version : Use of photo w/out permission
darwinandres 11-29-2006, 06:33 PM I shot a wedding last April upon request of a friend photographer who happens to be the brides best friend. I shot the wedding 'coz my friend is leaving the country and won't be able to shoot her best friends wedding. I did not gave any contracts to the couple 'coz I'm doing this as "utang na loob" to my friend though the couple paid me for the services I rendered. The service only includes CD of the photos taken.
I learned on the wedding day that their coordinator is the couple's friend and officemate. I later found out that the couple gave the photo to their friend coordinator and used my photos on the website of their friend coordinator. I contacted the coordinator and told them that he should have consulted me first 'coz he's using my photos to market his business. I got no answer and the coordinator still made use of my photos. All I was asking is a name credit and not in any monetary form.
I'm not pursuing any legal matters against this coordinator as it was just a small time coordinator and as "utang na loob" from my friend.
Here is the link of their website and I just want the wedding photographers as well as event organizers here to be on the look out of this coordinator who might exploit your photos as well.
http://www.theweddingbash.com/gallery.php
My photos are from 1 to 21 as well as the homepage (which did not make any justice on my photo)
Just venting out.
:Angry:
Alan Fontanilla 11-29-2006, 06:40 PM hmmm ... the dilemma. i work in the ad industry and usually if we "pay" for services rendered, we are under no obligation to credit whoever it is that did the service -- except of course come ad awards season when we list down all parties involved. this applies to photographers, directors, etc.
if my understanding is correct, the couple paid for your services. and i guess, this makes them the owners of the pics. so in my own humble opinion, need not credit you (or me if it was me who shot it). HOWEVER if they did not pay you - THE LEAST THEY CAN DO IS CREDIT YOU of course.
Hope this helps.
David Tong 11-29-2006, 06:54 PM Think of it this way, Darwin... If a potential client of his/hers (WC) comes up and says "Ganda ng pics ng nasa gallery mo, gusto ko sya din yung tatake ng photos namin ha... What's the name of the photographer?"...
You'd pay big bucks to see that WC's reaction. :D
Alan Fontanilla 11-29-2006, 07:10 PM YES - this is very true. This happens to us a lot in advertising --. clients/agency teams would say - we want something like ______ . Who directed/photographed that ad .. etc. Then the teams will make an effort to look for that person.
Think of it this way, Darwin... If a potential client of his/hers (WC) comes up and says "Ganda ng pics ng nasa gallery mo, gusto ko sya din yung tatake ng photos namin ha... What's the name of the photographer?"...
You'd pay big bucks to see that WC's reaction. :D
darwinandres 11-29-2006, 07:31 PM hmmm ... the dilemma. i work in the ad industry and usually if we "pay" for services rendered, we are under no obligation to credit whoever it is that did the service -- except of course come ad awards season when we list down all parties involved. this applies to photographers, directors, etc.
if my understanding is correct, the couple paid for your services. and i guess, this makes them the owners of the pics. so in my own humble opinion, need not credit you (or me if it was me who shot it). HOWEVER if they did not pay you - THE LEAST THEY CAN DO IS CREDIT YOU of course.
Hope this helps.
:) Nope, the photographer is the owner of the photos and the couple just bought the copyright.
read the the thread, I did post something here:
http://www.digitalphotographer.com.ph/forum/showthread.php?t=2404
Photographers should always know their rights.
darwinandres 11-29-2006, 07:37 PM Think of it this way, Darwin... If a potential client of his/hers (WC) comes up and says "Ganda ng pics ng nasa gallery mo, gusto ko sya din yung tatake ng photos namin ha... What's the name of the photographer?"...
You'd pay big bucks to see that WC's reaction. :D
Would it be better if the photographer's name is on the photo so the potential client need not to contact the owner of the website? The coordinator is making money advertising his website using my FREE photo.
:)
Jerry Sagmaquen 11-29-2006, 07:46 PM from what i read, i think the coordinator should have asked permission from darwin or atleast gave credit to him. it will be perfect if the coordinator point the persons who are going to ask for the name of the photographer to darwin but what if it did not? poor darwin.. hehehe
buying the copyright of the picture does not make you the owner but only give you permission to use it. i hope i am right with this. :)
Pilar Tuason 11-29-2006, 08:03 PM Hi Darwin,
Hmmm tricky situation. Normally what happens is the coordinator asks me for a copy of the wedding (which I never do) I give them around 20 edited images (I ask them to get the couples permission first.) Now if the couple directly gives the cd to the coordinator to post on the coordinators site, would I be upset? Honestly speaking no. Whether or not they asked me permission or given me the photo credit. ( I am sure it has happened without my knowing already) But that is just me. If you feel "violated" in some way though, email the coordinator that you would appreciate a photo by credit. You may even gain a "friend" by saying that you would gladly edit some of your personal choices and make them even more beautiful.
HTH
Good luck
Dys Santos 11-29-2006, 08:04 PM Have your lawyer issue a cease and desist order to take down the photos used without your permission.
christopher cortez 11-29-2006, 09:00 PM buying a copy of a CD does not mean i can give away the songs for free......
Marco_Ingco 11-29-2006, 11:16 PM :) Nope, the photographer is the owner of the photos and the couple just bought the copyright.
read the the thread, I did post something here:
http://www.digitalphotographer.com.ph/forum/showthread.php?t=2404
Photographers should always know their rights.
I just want to clear something up here because this is where some confusion lies. You, the photographer, own the photos. You own the copyright. Your clients, when they pay you in any form, just buys them the right to use, not buy the copyright.
This is also one of the reasons why most wedding photographers here in the States don't give out the full-sized files to their clients, well, aside from it being another source of income for reprints. For me, I only give files that can be printed to 4x6. And my proofs are online with an imprint that boldly says "PROOFS".
Sherwin Andal 11-30-2006, 05:26 AM I just want to clear something up here because this is where some confusion lies. You, the photographer, own the photos. You own the copyright. Your clients, when they pay you in any form, just buys them the right to use, not buy the copyright.
This is also one of the reasons why most wedding photographers here in the States don't give out the full-sized files to their clients, well, aside from it being another source of income for reprints. For me, I only give files that can be printed to 4x6. And my proofs are online with an imprint that boldly says "PROOFS".
Thats what we do here as well. PROOFs. in 4x6. or online.
If the couple wants a CD, then it should contain only - say a Slideshow (unprintable), or some photos that can only be reprinted up to 4x6.
Darryl Ong 11-30-2006, 06:42 AM my friend give low res image in a cd then gives it to the client,,, the client orders prints directly to him,,, i don't know if this is the right practice,, but he told me the same thing as some of these guys posted here,, :)
well i think next time you should have it in black and white to avoid this situations,,
but will that drive away clients,,,
hmmm...
Patrick Evangelista 11-30-2006, 08:34 AM correct me if im wrong, but if credit is given to the photographer thru the photos, will it affect the WCs clients? I mean darwin is just asking them to give him credit for his work, is that a big issue for the WC? Plus he did it for free anyway, the couple just paid him. Not really familiar with this stuff thats why I asked...thanks
nino_carandang 11-30-2006, 10:52 AM I had some of my photos ripped off by a popular columnist in the Philippine Star around two years ago. The shoot was for the opening of a Zobel gallery in Reposo. I gave the files to my client as per the agreement for them to choose which ones to use. Then suddenly I see my photos in the Philippine Star.
Emailed the editor, no reply. Emailed the guy who used it, no reply. I wish I was credited for the photos, but the columnist credited it to himself. Sadly, there wasn't anything I could do about it at that time.
JOHN_LIM 11-30-2006, 11:21 AM correct me if im wrong, but if credit is given to the photographer thru the photos, will it affect the WCs clients? I mean darwin is just asking them to give him credit for his work, is that a big issue for the WC? Plus he did it for free anyway, the couple just paid him. Not really familiar with this stuff thats why I asked...thanks
if the WC were smart enough, and had given darwin credit, he/she could have used darwin for future weddings/events as one of their suppliers - and both would have benefit...or if clients see the name of the photographer and go directly to the photographer, then what is that to the WC? Coordinator ang main line of business, hindi photographer...
JOHN_LIM 11-30-2006, 11:26 AM I just want to clear something up here because this is where some confusion lies. You, the photographer, own the photos. You own the copyright. Your clients, when they pay you in any form, just buys them the right to use, not buy the copyright.
I think this is something that really still confuses people...the photographs owns the photos, inclusive of the copyright and rights etc...when people pay you for the pictures they only have the right to use the pics for whatever stated purpose for whatever limited period of time...
However, though the photographer owns the pictures, it cannot be used by him for any other purpose correct? Maybe for the photographers personal portfolio (web, print, etc), but it is limited to this right? It's something like an "I own it but I can't use it thing..." scenario?
Marco_Ingco 11-30-2006, 11:31 AM However, though the photographer owns the pictures, it cannot be used by him for any other purpose correct? Maybe for the photographers personal portfolio (web, print, etc), but it is limited to this right? It's something like an "I own it but I can't use it thing..." scenario?
This is why I include this in my contract:
USE OF PICTURES: Client agrees that the Photographer can use all and any of the pictures taken by Photographer in the course of fulfillment of this contract for promotion and in whatever form the Photographer deems necessary.
COPYRIGHT: Client agrees that all original digital files of all pictures taken by Photographer in the course of fulfillment of this contract will remain his exclusive property. Copyrights pertaining to the said images will also belong to the Photographer.
So there is no argument whatsoever in terms of my use of the photos.
JOHN_LIM 11-30-2006, 11:47 AM Thanks for the info, Marco!
tracy_arciaga 11-30-2006, 11:55 AM I shot a wedding last April upon request of a friend photographer who happens to be the brides best friend. I shot the wedding 'coz my friend is leaving the country and won't be able to shoot her best friends wedding. I did not gave any contracts to the couple 'coz I'm doing this as "utang na loob" to my friend though the couple paid me for the services I rendered. The service only includes CD of the photos taken.
I learned on the wedding day that their coordinator is the couple's friend and officemate. I later found out that the couple gave the photo to their friend coordinator and used my photos on the website of their friend coordinator. I contacted the coordinator and told them that he should have consulted me first 'coz he's using my photos to market his business. I got no answer and the coordinator still made use of my photos. All I was asking is a name credit and not in any monetary form.
I'm not pursuing any legal matters against this coordinator as it was just a small time coordinator and as "utang na loob" from my friend.
Here is the link of their website and I just want the wedding photographers as well as event organizers here to be on the look out of this coordinator who might exploit your photos as well.
http://www.theweddingbash.com/gallery.php
My photos are from 1 to 21 as well as the homepage (which did not make any justice on my photo)
Just venting out.
:Angry:
I personally think that he should not make use of your photos even if with the permission of the couple who got married. Their wedding photos aren't to be used for business purposes. If the wedding coordinator doesn't want to pay you for using your photos in their website at least get some client referrals from them, I mean, tie up with them.
Ask them to refer you to their clients.
ben molina 11-30-2006, 12:32 PM a notice and some credits could've made things better. but for someone to use my photo on a baduy website.... i'll be fuming mad.
:D
Nick_Espino 11-30-2006, 01:09 PM However, though the photographer owns the pictures, it cannot be used by him for any other purpose correct? Maybe for the photographers personal portfolio (web, print, etc), but it is limited to this right? It's something like an "I own it but I can't use it thing..." scenario?
The copyright owner can do with it as he please.
darwinandres 11-30-2006, 06:10 PM if the WC were smart enough, and had given darwin credit, he/she could have used darwin for future weddings/events as one of their suppliers - and both would have benefit...or if clients see the name of the photographer and go directly to the photographer, then what is that to the WC? Coordinator ang main line of business, hindi photographer...
What if the coordinator told the client that the photos was taken by another photog na contact ng WC. Will it be ok with me? I dont think so.
darwinandres 11-30-2006, 06:23 PM Anyway, Thanks to all the replies. I wanted to vent out lang. I gave it na lang as an early christmas gift. Sa kanya na yun. Newcomer in the industry and still don't know the business. I emailed the gay I mean the guy, but still no reply. I could have given him her him I mean her I mean him an edited copy to give justice to my photos. Early christmas gift ko na lang sa kanya.
I just want to let the photographers here that they should know their rights. If this kind of practice will be readily accepted by everybody this will give precedence and in the future this will become a norm.
Just be on the look out and always protect ourselves. I had my pagkukulang 'coz I did not issue a contract, but sometimes mas matimbang ang utang na loob than being professional. I owe my friend 'coz I started wedding photography through her.
Just remember the WC baka gamitin din photos nyo he he he.....
....... natatawa pa rin ako Ben sa sinabi mo he he he.......
I rest my case.... Advance Merry Christmas.
For questions about copyright, there is a thread about copyright. I posted the link above.
David Tong 11-30-2006, 06:32 PM Darwin: In this case, since the offending party is a relative "newbie" to the industry as well, let them learn nalang siguro.
Not worth causing major riff-raff between you and your friend (and his friend's friend's friend hehe).
darwinandres 11-30-2006, 06:37 PM Darwin: In this case, since the offending party is a relative "newbie" to the industry as well, let them learn nalang siguro.
Not worth causing major riff-raff between you and your friend (and his friend's friend's friend hehe).
Yup, :)
Sana the WC learned a lesson...........
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