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To Watermark or Not?
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Apr 22, 2015 05:54:31   #
saxkiwi Loc: New Zealand
 
cmikal wrote:
Probably not those words exactly. "I don't want to purchase, I want to print them". "I don't want to purchase, I want to use them". "I don't want to purchase. Thats my kid. I should be allowed to use them". "Are you a professional? Do you have a business? Did you go to school for photography? No - No - No - and No. Then why are charging me?"

etc
etc
etc


No thats not your kid, thats a photo of your kid. You don't have to be a pro to charge if the photographer wants money for it then thats his or her prerogative !

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Apr 22, 2015 07:32:03   #
alamomike47 Loc: San Antonio, Texas
 
xxredbeardxx wrote:
Hey, when I steal Dons photo's I'm proud to have
his watermark on it. It increases the value.
:-D


:thumbup:

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Apr 22, 2015 07:37:38   #
alamomike47 Loc: San Antonio, Texas
 
Ugly Jake wrote:
If it's good enough that you want it, it's worth paying for - getting gear good enough to make wall-worthy images (and the ability to use it) is worth the few dollars you're asking. And, yes, technically, you ARE a pro.

(And, I don't recall Ansel Adams attending Photography 101 - most photogs are mostly self-taught or mentored)


:thumbup: :thumbup: :thumbup:

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Apr 22, 2015 08:50:20   #
Jaackil Loc: Massachusetts
 
Los-Angeles-Shooter wrote:
The situation is that photographer takes photos at events and then sells prints via online advertising. Are there any legal whizkids present who will comment on whether this business models runs afoul of Mass' Right of Publicity law?

http://rightofpublicity.com/statutes/massachusetts


Dosent apply, I am not using the photos to advertise or promote. I am not even selling the images. The images are free, I am posting them online with a watermark on them.

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Apr 22, 2015 09:26:04   #
Jaackil Loc: Massachusetts
 
amfoto1 wrote:
If you are not charging for the photos, why take shots of other peoples' kids? Just concentrate on taking shots of your own kids and let other people either photograph their own kids or leave it to a professional who will charge for the shots... or start charging.

The answer to people who don't want to pay for them is:

IT COSTS A LOT OF MONEY AND TIME INVESTED TO TAKE PHOTOS... THE IMAGES HAVE VALUE AND SHOULD NOT JUST BE GIVEN AWAY FREELY!

Further, unrelated to the questions of copyright and protection of its ownership, taking photos of other peoples' kids and posting them online you really should have a release signed by an parent or guardian. Some day you may get a "cease and desist" letter (not a big deal, so long as you take down the images immediately, except that all your time and effort were wasted). Or, much worse, there's some risk that your images may be used in an undesirable way and you could possibly become an unintentional party to slander or a crime, and possibly even subject to criminal or civil charges and penalties. I no longer post a kid's image online unless their parent or guardian has signed a release for it. In fact, I generally require adults to sign a release, too.

Back to the subject at hand...

I always watermark or "sign" anything that's going to be displayed online. To provide complete copyright protection, it doesn't need to be the copyright symbol or date (the law about that changed 15 or 20 years ago). It can be any unique identifier... such as a signature or even a symbol (as in "the artist formerly known as Prince" used for a while, at least until he legally changed it back to "Prince" :roll: ).

My watermark is basically an ad: my name and URL to help drive people to my galleries. I figure if someone is going to steal my image, they're also are going to do some advertising for me. I also only post lower resolution images online... 500 to 700 pixels on the long side. Too small to make prints, but big enough to preview the image and share it on Facebook, etc., which is what's done with most "stolen" images.

Removal of a watermark is not impossible, but can be made fairly difficult and impractical for most people at certain skill levels. Removing it without permission also can result in a fine of up to $30,000 per instance (in addition to other awards for copyright infringement).

A watermark doesn't have to "ruin" an image, but tucking one into a corner where it's easily trimmed off is pretty much a waste of time, IMO.

Here's a fairly typical example of my watermark on an image shot for sale purposes:



Here's a "signature" I use with images I'm not really trying to sell:



I may scale the "signature" up and down depending upon usage and final size of the image, and will make it more or less transparent and/or change the color depending upon the image. But often it's simply added to images using essentially the same process as the watermarks.

To add either a the watermark or the signature, I use Lightroom most of the time now. For more finished images, intended for printing, I use Photoshop to add the signature. In the past I've used FastStone Photo Resizer, which can be used to both size images and add a watermark to them (among other things) - rapidly and in batches. FastStone is free. Lightroom isn't, but does a better job because it can automatically scale a watermark to fit the image, while FastStone can't. In the case of FastStone, watermarks or signatures always need to be created first in another program, such as Photoshop (save it as a .png if you want it to be transparent). That's generally the best with Lightroom, too, though it's possible to create very simple text watermarks with LR alone.

The only images I ever send out without any watermark or signature are those purchased for commercial or editorial usage.

All images I display digitally or provide to customers in a digital format also have copyright info and protections embedded in the image's EXIF metadata (never "save for the web" in any program... that usually removes most or all the EXIF). Removing this without my permission also can be penalized up to $30,000 per instance (in addition to any other awards for copyright infringement).
If you are not charging for the photos, why take s... (show quote)


Alan, Thank you for your thoughtful and in depth reply. First, Good Question "Why do I take pictures of other peoples kids? if I am not getting paid?" Well they are my sons teammates and they always ask, "can your Dad get some pictures of me?" Or the Parents ask. "Did you get any of my son?" or "If you got any of my Kid can you send them to me?" As a parent I always loved seeing pictures of my kids playing sports. So I dont mind sharing. I also like to take pictures of the action whether my kid is in it or not. It really is my hobby, that I dont mind sharing with anyone else who might get enjoyment from it.
You bring up some additional good points. Shooting pictures of kids is always a tricky thing. At the begining of the season I send everyone an email explaining that i am shooting pictures and I will post them to my website for them to download if they want. I also state if for any reason they do not want me to take pictures of their son to let me know and I will happily comply. I know that will hold no weight in a court of law but at least I give them a chance to voice their objection. I have never had a parent respond that they do not want the pictures taken.

I guess my biggest issue is the question of removing the watermark to allow someone to download the images without it and take it to their local walgreens to have them printed. Or the kids asking to have the watermark removed so they can post online without it. I do spend a fair amount of time not only shooting the pictures but also processing them. Although I do not charge for the images if they are printed through my website(Zenfolio) I do make money, the few dollars that I do make are used to offset the cost of the website. Believe me I do not sell enough to come close to covering the cost of the website though.

Thanks again for your thoughts, they are very helpful

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Apr 22, 2015 10:01:42   #
Benttree Loc: GA.
 
Jaakil, Water marking. It is more as a advertising and telling this is my taken image. It takes two second me to move anybody's watermark the one posted in on the digital.
I use my watermark only in my studio printed portraits and magazine posted shots, but not any wedding and/or event photography prints or digital's.

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Apr 22, 2015 14:22:39   #
Los-Angeles-Shooter Loc: Los Angeles
 
A minor point is that if a thief removes a watermark, copyright notice, or other "indicia of ownership," it is a separate and additional copyright violation subject to severe penalties.

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