I have been dealing with an unfortunate situation for months now from a former client who after a refusal to pay their bill is using my images for marketing purposes. I have of course asked that the images be taken down and that the client cease the behavior, they have refused.
This is a clear case of stealing. Unpaid bill + taken work + using work = theft.
I am now in a tough position of trying to get compensated for my work, as well as resolve the matter in the best possible terms. It’s a terrible place to be and this isn’t a situation unique to me, it’s an unfortunate reality of photographers.
Check out some of the most common excuses for stealing below and drop a comment if this has happened to you and the best excuse you got.
We bought it so we can do whatever we want with it.
I have actually heard this one more than one time. As a photographer I NEVER sell my copyright. I especially never give it away through a licensing agreement. In fact for you to do whatever you want with an image you would need a Transfer of Copyright document— I have never in 10 years of business signed nor used one of these documents so I know you can not produce it. All licensing agreements, contracts, print, and marketing releases tell you specifically what you can and can not do with the images you commissioned. So if you violate those documents you are infringing on my copyright and I am entitled to further bill you or seek legal actions.
We can’t afford the image.
I am a small business. I have invested years in learning to produce those images, thousands in equipment and travel to create that image. I have bills to pay, this is my livelihood and job, I deserve to be compensated. After all you don’t go to school and then get a job to have your talents taken for no payment? Why would it be ok to do that to me? If you can’t afford to pay me than you shouldn’t use my work. PERIOD.
Didn’t know it was copyrighted.
As photographers, creators, everything we do is copyrighted from the minute we press the shutter button and make it. The federal government has a law that says as much and we do not need to formally register any image we create with them for it to protect us. In fact we tend to register images that we are going to be suing someone for copyright infringement over because it affords greater protection and higher damages. We do not need to watermark our work either. A simple rule is if you don’t have a license to use it how you plan, if you didn’t take the image yourself than it is copyrighted and you definitely do not have the right to use it.
It was online so it’s free.
Photographers post their images on their websites, blogs, and social media. It is how we get new work out there for potential clients to see; that doesn’t mean they are public domain— free to use to the public. In fact very rarely do photographers offer their work up public domain, so even if it is online it is protected by our copyright. It is copyrighted. In fact major copyright infringement lawsuits have resulted from people taking a creators work from the internet to use however they want. So if it is online, or our social channels and you like and it works for your purposes approach us to purchase and license it. Do not take it because that is infringing on our rights.
You emailed it to me and that’s permission? Even though I didn’t pay the bill.
Photographers email clients work as proofing, even graphic designers do it to make sure they are on the right track. That is not a permission, nor a license to use the images however you see fit. Not paying the bill, using the proof images— IS STEALING. If you do that you have actively broken the law and infringed on the creators copyright. Furthermore photographers who do not sell their copyright can rescinded their permissions at any times. I actually write that clause into all my licenses. In addition, if you do not have a physical license for that image than you have zero rights to use it even if we did email it to you.
We gave you Exposure!
Exposure is a moot point 99.9% of photographers would rather be paid because we do not get anything from “exposure” from you. We most definitely want to be paid for our work if your using it commercially to gain a profit. We almost never get a future gig from having our name shouted out with the image, especially if you don’t link to our work, because no one will bother to look us up. Exposure is useless and insulting to nearly all photographers. Pay us or don’t use it.
It isn’t what we wanted or it isn’t that great of a photo.
Ok, well if that’s the case why did you use it? Additionally, since you did use it, you did see value in it which means we should be compensated. Pretty simple concept. As a photographer it doesn’t matter to me if it is my worst work from when I was starting, it is still protected by copyrights, if you take it and use it, it is stealing.
Wouldn’t have used it if they knew it this much of an issue.
This just screams ‘We thought we could get away with it.’ It also says you do not care about anyone but yourself. Yes, photographers have issues with people taking their work without purchasing it. Yes, photographers have problems with people breaking their copyrights! We are human, we are passionate, and we have feelings. We especially hate being used, so just purchase a license, respect photographers.
There are never any excuses for stealing from anyone. That is a long story short. There should never be excuses to give to photographers when you are caught violating our copyrights. Watermark, no watermarks, online, or sent to you. If you do not have the proper license, if you have not paid for it, then you do not have any rights to use it.
Article does contain example excuses from Samantha Decker http://www.ttgphoto.com/2020/04/10-worst-excuses-ive-gotten-for.html?m=1
All photographs are copyrighted and property of Exposure One Studios. All peoples depicted in the photos are not being accused of making excuses or theft.