Copyrights

Question?
I took a picture of a public official(Sheriff) in a 4th of July parade. I posted that picture on his website. Now I see that picture being used in a campaign ad on television. Do I still have rights to this picture?

Did you have a contract with him?

No, just took his picture during a parade.

Fishtaco wrote: Did you have a contract with him?

Let me be clear:

That has nothing to do with ownership of the image. It raises a specious and conflating issue, nothing more.

cnsmerz wrote: Question?
I took a picture of a public official(Sheriff) in a 4th of July parade. I posted that picture on his website. Now I see that picture being used in a campaign ad on television. Do I still have rights to this picture?

You own the image, and you get to decide it's use and/or disposition. No one else. Their use is a violation of your rights.

Contact them and request compensation. Discontinuing use of the image isn't (and shouldn't be) adequate. The damage is already done. Nor is attribution added after the fact.

Watermark your images, at the very least.

Political races often like to use the work of creatives without permission or compensation. Many of them seem to think they can do as they like and disregard the law.

Thanks for the reply. I just saw the ad again. It turns out it's the opponent using the picture, they must of copied it off his Facebook page. I emailed them and asked to put my name on the photo and asked for compensation. So what's the going rate for photo's these days? What if they don't respond?
Thanks Chris

What do you mean you put your photo on his site? Were they asking for citizens to post/share photos from the parade?

Before you put your photos anywhere online is the time to think about how your photos might be used by a site. Read Terms & Conditions to find out if by using a site that allows them to use your photos. In this case if it was an agency site I don't know if they'd have terms related to photos, but since you posted your photo it seems you gave it to them. Of course if the opposing candidate took it off the site and used it that seems to be unauthorized usage.

Photographers' names aren't used in ads, but typically a photographer would have been contracted and paid for photos licensed for usage in advertising (commercial use). You own the copyright for photos you take; registering photos with the US Copyright Office can help to show ownership in dealing with misuse. Asking if there was a contract is a reasonable question to find out if by chance the OP had been contracted to take photos for the sheriff's dept. because then their dept. might handle the unauthorized use. 

You could look at http://asmp.org  but I don't know if you'll find anything related to your situation or not. A lawyer could probably help you figure out your options but I guess you'd have to decide if that would be worth the expense.

You need to register that image with the Copyright office. You can do it online. Regardless of whether you post the image publicly, or not does not make it available for free use. That would only apply if you put it in the Creative Commons realm. You do have the right to still decide how it is used. That you posted it on the sheriffs FB page does not change that. Now if it was the sheriff that was using it might put it in a gray area, in that you freely gave it to him. But for his opponent to use it is a case of image stealing, and you have the right to compensation, and attribution of the image. Again register it with the Copyright office, this gives you force of law. Also consult a good lawyer of their campaign gives you greif over wanting compensation. Also what type of media is it being advertised in? If they are using it in a TV ad that is more money. Most likely it is the ad agency they hired stealing the image, and in that case they know better.

 Thanks for all the posts and info you all have been very helpful. I just saw the ad run again and it is run by Independence USA PAC. Something to do with Mayor Michael Bloomberg independently supporting candidates that supports his views.
www.IndependenceUSApac.org
So I emailed them and told them the ad they are running is using a photo of mine and I want compensation for use of the photo. Since the photo is being used in a television ad, what kind of compensation are we talking?
Some ball park figures would be very helpful. Looking to buy a new camera 5D Mark iii.
Thanks again for all your help, I will work to get that photo copyrighted!
Chris Smerz
www.cswildlifephotography.com

icepics wrote: What do you mean you put your photo on his site? Were they asking for citizens to post/share photos from the parade?

It's not clear how this is relevant.

Before you put your photos anywhere online is the time to think about how your photos might be used by a site. Read Terms & Conditions to find out if by using a site that allows them to use your photos. In this case if it was an agency site I don't know if they'd have terms related to photos, but since you posted your photo it seems you gave it to them.

Again, not relevant. And not at all clear.

A lawyer may not be required, but persistence will most likely be. I suggest you don't roll over. The campaign has money for ads, they have money for licensing. Don't take "no budget for that" for an answer.

Gary, I was wondering where the photo was posted because I wouldn't expect a public agency to necessarily have a way for people to post photos on the agency's site. If it was posted to the sheriff's dept. Facebook page, that would put it under Facebook's Terms & Conditions, which site users agree to when signing up. 

I think Dennis that's right that someone can register the copyright after a photo might have already been used or published. It depends on where a photo is posted - usually when signing up to use a site that means users are agreeing to the Terms. Those may state that the site allows usage of photos you post. 

Apparently the opposing candidate didn't have anything to do with the ad but is that website just a one page statement?? I'd expect an organization to list a board or officers but I don't follow politics to be familiar with a PAC. I guess depending on what kind of response you get Chris you might need to look it up and make sure that site is the legit PAC's site.

For pricing guidelines you could look on ASMP's site, or the Photo District News (PDN) covers commercial photography but I don't know offhand if they might publish info. on pricing for photos used for advertising. Ads don't show the photographer's name; editorial usage is what may include a photo credit.  

icepics wrote: Gary, I was wondering where the photo was posted because I wouldn't expect a public agency to necessarily have a way for people to post photos on the agency's site. If it was posted to the sheriff's dept. Facebook page, that would put it under Facebook's Terms & Conditions, which site users agree to when signing up.  

I'll redact my comments without removing my post, above. It was late and I was tired last night. My bad.

Fortunately, there are very few sites that force a poster to agree to surrender all rights to an image when posting. I'm willing to bet the OP still has grounds for raising a stink.

Apparently the opposing candidate didn't have anything to do with the ad but is that website just a one page statement?? I'd expect an organization to list a board or officers but I don't follow politics to be familiar with a PAC. I guess depending on what kind of response you get Chris you might need to look it up and make sure that site is the legit PAC's site.

Yes, the OP needs to go after whomever used the image. Hard to determine who that is given the information provided.

icepics wrote: I think Dennis that's right that someone can register the copyright after a photo might have already been used or published. It depends on where a photo is posted - usually when signing up to use a site that means users are agreeing to the Terms. Those may state that the site allows usage of photos you post. 

Well he technically has the Copyright to the image the moment he shot the photo. All registering it does is that it gives you the power of a Federal Agency to back it up. Also it gives you the full right to put the © on it. Which reading the newer regs earlier this year you can do that for a year before registering it. It used to be that it was against the law to put it on before registration. I think that was changed because the DMCA law, to combat intellectual theft due to the net being so instantaneous, and ripe for piracy.

Now to the OP. You need to check the sheriffs website to see what the terms of use are for putting up photos on the site. Since these other people are the opposition to him, then I have no doubt even if his site has right to use, that did not transfer to anyone else just using the image as they please. And for TV I would guess you could sue them starting at six figures to start, but settle for the high five figure area, with a good lawyer. Bloomberg's pockets are deep. Good luck, and again find a good Copyright lawyer. Also I would contact the sheriffs PR staff to make sure that nobody gave permission as well, and good luck.

Probably a good idea to contact the sheriff's dept., they may have a PR person. I think that website linked is so odd, it seems to only be a one page statement, not sure if it's the actual site of the PAC group or what - I agree, contacting whoever ran the ad would be the person or group to track down. Hopefully the OP can get the info. from the ad, usually those have the name of the organization and maybe list someone as chairperson or treasurer etc.

The thing with Terms on so many sites is they usually state that site users retain their rights, but - and the part you need to read is what's after the 'but'! - because it may say users agree to allow the site to use, reproduce, distribute, etc. etc. the photos. It isn't often clear or specific how photos might be used.  

Well good luck is right, it probably will depend on what group used the photo and how they respond, hope it can be resolved.

Hello all

I just received an email from the people that ran the ad. They said they got it off social media and was deemed free use by our lawyers as it was not watermarked or copyrighted. The spot was shipped Aug 7th and aired local markets for less than a week and is not currently airing. What is your standard rate for use?
So it sounds like they may be willing to pay me? so how do I respond? My first published photo makes it to TV!
Quick response would be appreciated so I can get back to these people. Thanks again for all your help in this you guys are great!
Chris