As originally published in Wildlife Photography & News
Did you know that
that in the United States,
image theft of more than 10 copies of copyrighted material with a value of at
least $2500 is deemed a felony? Even so,
image theft is one that is difficult to fight once it’s already happened, it
can be difficult to prove monetary loss (a large reason for lawsuits), and
unless the stakes are high, lawsuits are often avoided (even when justified),
due to the expense in all but the cases with the highest stakes.
Thanks to the Berne
Convention, most original literary and artistic works created privately
after April 1, 1989 are technically copyrighted and protected. This includes works that are not registered
under the US Copyright Office. Thus, watermarking your images, publishing
small file sizes to the web, and registering your works with the US Copyright
Office are three ways in which you can reduce
your risk of image theft.
Here is a brief tutorial I’ve created that explains the
easiest methods of watermarking your images and reducing your risk of image
theft:
Notice I said reduce. Not
eliminate risk. With digital technologies
advancing, tools like Photoshop CS5’s Content Aware Fill and savvy editors can
still remove logos, watermarks, etc., sometimes with breathtaking ease. This is why it is important to at least take
several precautions to protect your images.
- Always post your image with, at minimum, the © symbol, your name (or business name), and a year visible on the image itself. This accomplishes two things:
- Gives notice to the viewer that this image is copyrighted.
- Notifies
the viewer of the identity of the copyright holder. (Ideally he/she will
contact you for permission to license the photo.) In reality, they still may not do so
and/or still use your image without your permission; but, at least you
have given notice first, which can be helpful if a legal battle ensues. It is even better if your watermark and
copyright information include contact information, such as a website or
email, to make it easy for them to contact you to use the image.
- Whenever
possible, post low resolution, small
files to the internet. By doing
so, it is more difficult for someone to steal your image and enlarge it
for prints or other personal and commercial purposes.
- Populate the metadata for your image. This adds a digital record to your file
that can be reviewed by other and/or used to clarify the copyright holder
of the image.
- Do not
delete the other similar images in the series. For example, if you captured an
award-winning shot of a wild polar bear with a toucan perched on its nose
while cuddling with a giraffe in a field of daisies and a rainbow… well,
you deserve the award! But…don’t
delete the other similar (but perhaps less-perfect) images in the series
that you captured of that subject. In
certain cases (e.g., copyright infringement cases, contest awards, etc.),
you may need to show proof you were the photographer/copyright holder. Those who can produce files containing a
series of similar images may be in better legal standing than someone who
can only produce the single file of the award-winning shot.
- Right-click proofing is not
enough. Even if you publish
your photographs to sites that offer the ability to disable
“right-clicking” or downloading the file from the website, don’t be
fooled. This is a preventative
measure; however, it is not perfect.
Nearly any time you view an image online, it gets stored in your
cache as a real, useable file.
Anyone can explore their cache and retrieve the image, use it as
needed, and bypass your “security” measure. “Right-click-proofing” your site keeps
the honest…honest…but that’s about all it does.
- Any
image you create yourself has inherent copyright attached to it. For
even more protection, consider registering your most prized images with
the US Copyright Office. It may be
time-consuming, but for a relatively low cost, it will afford you added
protection should an infringement situation arise.
- Resources:
- For more information about copyrighting and protecting your images, the Professional Photographers Association provides these tips and resources: http://www.ppa.com/copyright-advocacy/index.php
- 10 Myths about Copyright: A great resource to clarify misconceptions about copyright:
- United States Copyright Office: Offers details on registering your copyrighted material within the US. For countries outside the US, check your local government websites for details.
- Software that tracks the appearance and use of your images on the web: www.digimarc.com/
Alan, I hope this advice and brief video tutorial are
helpful! Thanks for asking me to
assist! Happy Clicking!
Lisa Langell
