Would you consider this stealing? [Archive] - Sonoma County Moms

View Full Version : Would you consider this stealing?


becky
10-25-2008, 12:50 PM
I just found out a client of mine did a screen capture of an image from her proofing gallery for her xmas cards. In my eyes that is stealing but maybe since this is my work and she didn't pay for that image I am just pissed. Actually technically it is stealing but since it low res some folks just don't think it is.

Do you consider this stealing?

Lynette
10-25-2008, 12:54 PM
So did you do the work for her for free including some free prints or did she just not end up purchasing anything after the shoot?

becky
10-25-2008, 12:57 PM
i just gave her the gallery yesterday and it was for a trade though I never got my end of the trade yet.

becky
10-25-2008, 12:59 PM
I should add I never gave it much thought before but now that someone came right and told me they did it i am a bit upset. I guess its time to write proofs all over my images again grrrr

Leigh
10-25-2008, 01:01 PM
Yes, that is stealing.

.

Lynette
10-25-2008, 01:07 PM
Personally, I wouldn't do that and I would be irritated if it were my site. I remember Jackie posted about laws and such a couple of years ago how all pics are the property of the photog even though some people figure it is MY kid so they have a right to it. I think with trades or even freebies sometimes the lines are blurred with each person's obligations. I dunno why they couldn't just ask though? Maybe they didn't know it was inappropriate??

Maritza
10-25-2008, 01:29 PM
Well,...don't you protect your work with a signed copy rights agreement or something like that??? That should protect you and your business from this type of things.

Brookepanda
10-25-2008, 01:30 PM
maybe beccause it was a trade she thought she could :dunno

becky
10-25-2008, 01:50 PM
Well,...don't you protect your work with a signed copy rights agreement or something like that??? That should protect you and your business from this type of things.
I do but i bet some of it has to do with her DH knowing computer and web stuff. I just know that now I am going to watermark my images. I am always extra careful with my blog and flickr but didn't think much about the proofs since its flash....what was i thinking :lol I know how to screen capture too but i never thought this person would do that and so she could make her xmas cards.

Lesson learned that is for sure. No mater what though this is my work and unless i sign a release (like i do with all digital files) it is stealing. I will forever own the copy right so that is not a problem.

lizirroja
10-25-2008, 01:52 PM
It might seem obvious, but I could imagine doing that especially if it was a trade situation. I dunno...I just know I can be clueless about that stuff like when I brought a camera to a playdate where you were going to take pics...thought never occurred to me that I shouldn't. Oops! ;)

becky
10-25-2008, 02:04 PM
oh no worries Liz. I would have done the same thing.

stephaniemsw
10-25-2008, 02:32 PM
I am clueless. I don't even know what a screen capture is? Does that mean she was able to download it or something? It sounds pretty shady that she did that without your permission, but it could also be that she just didn't understand the "rules" around these kind of things.

Also.. I am confused about why it would not be okay to bring a camera to a playdate to take your own pics just because a photographer (say Becky or Mariah or Brooke) is taking pics? Can someone enlighten me?

MamaLaura
10-25-2008, 02:38 PM
Stephanie, I think it has to do with a few things... First, I think it only applies to playdates with photoshoots. So like, say Brooke is taking the photos (like at the party today) and a mom is taking pictures at the same time, it would make Brooke's job harder because she's trying to compete for the attention of the child, plus the parent shouldn't be allowed to take pictures in that setting since Brooke is specifically the one doing it, and the backdrop and scene are all her doing, ya know?

It definitely doesn't apply to a situation where like, we're all at a park and the kids are running around.

becky
10-25-2008, 02:43 PM
screen capture is a print screen where you can save the whole computer screen.I am clueless. I don't even know what a screen capture is? Does that mean she was able to download it or something? It sounds pretty shady that she did that without your permission, but it could also be that she just didn't understand the "rules" around these kind of things.

Also.. I am confused about why it would not be okay to bring a camera to a playdate to take your own pics just because a photographer (say Becky or Mariah or Brooke) is taking pics? Can someone enlighten me?only once this came up cuz it was a photo playdate vs a regular playdate and the photo playdate was specifically mentioned was going to be used for portfolio building and business. that was the reason specifically stated cameras were not allowed. For my reg photo session I do not allow clients to bring a camera so I can understand why it was mentioned before for the other photo playdate.

I can only speak for myself but depending on the type pf photo playdates I don't mind camera's so long as the parent is not taking pics as I am. Its too confusing for the kids to have more than one camera to look at.

becky
10-25-2008, 02:44 PM
So like, say Brooke is taking the photos (like at the party today) and a mom is taking pictures at the same time, it would make Brooke's job harder because she's trying to compete for the attention of the child, plus the parent shouldn't be allowed to take pictures in that setting since Brooke is specifically the one doing it, and the backdrop and scene are all her doing, ya know?:yeah exactly

stephaniemsw
10-25-2008, 02:54 PM
Oh, okay. Thanks. I have to admit I am not able to read through all the posts on here and I didn't know Brooke was setting up a backdrop and everything. And it totally makes sense that if you arrange a special photo playdate that parents should not be taking pics (it is distracting and if there is flash could mess with your light!). I was thinking how at a lot of the "regular" playdates it seems like everyone is taking their own pics. I think I get it now! But I can be kind of clueless sometimes, so you photogs please just tell me if I'm ever being inconsiderate!

Maritza
10-25-2008, 03:03 PM
I was planning to take my camera, but I wasn't planing on using Brooke's backdrop setting at all. So I don't know what to do now....

Lynette
10-25-2008, 03:07 PM
They are only referring to pics where she is taking their portrait you can't be standing behind her clicking away :) There will be lots of cameras there I am sure ;)

Maritza
10-25-2008, 03:10 PM
Oh Ok, that's what I thought too, I was starting to get worried about the whole thing....thanks Lynette:)

Shanta
10-25-2008, 04:06 PM
When I did wedding LOTS of people took their own pictures when we set up scenes. Our job was to take the best picture and make it perfect so that the couple would want ours instead of the toss away crap camera shot of Aunt June's. The worst is when they cast shadows or hit us or our stuff. Once a Mother of the Groom knocked me and my larger format camera down trying to take the shot I had just spent 20 min setting up. That time I was Pissed as hell and it was my last wedding.

Just water mark your images and add stickers to the back of each print. Otherwise it is hard to control.

Oh also you should know if you don't pay the person your photographing or have them sign an ownership waver while the photo belongs to you, you can not sale it to anyone else without their consent. (there are some loop holes for celebrity but in general you can be sued for it)

becky
10-25-2008, 04:11 PM
When I did wedding LOTS of people took their own pictures when we set up scenes. Our job was to take the best picture and make it perfect so that the couple would want ours instead of the toss away crap camera shot of Aunt June's. The worst is when they cast shadows or hit us or our stuff. Once a Mother of the Groom knocked me and my larger format camera down trying to take the shot I had just spent 20 min setting up. That time I was Pissed as hell and it was my last wedding.

Just water mark your images and add stickers to the back of each print. Otherwise it is hard to control.

Oh also you should know if you don't pay the person your photographing or have them sign an ownership waver while the photo belongs to you, you can not sale it to anyone else without their consent. (there are some loop holes for celebrity but in general you can be sued for it)oh goodness Shanta that is crazy. I have done a couple large event type things and there are always tons of camera's. Its really hard when a mom is trying to get their kid so smile but have their camera out at the same time so the flash is interfering with my pic.

I totally agree on everything else you said. I ask all my clients to sign a release form but there have been a few who wont so those images never get used for anything other than giving them prints.

lornabrown
10-25-2008, 04:37 PM
Becky - did you call/email her? I'd just bring it up by saying "hey I noticed you used one of the proofing images. While this was a trade, I still prefer that you..... If you want any other digital images/prints/etc please let me know"
Point out the resolution, etc.
Personally, it's just TACKY what she did. I do trade all the time with people and if someone just crashed one of our classes without talking to me I'd be peeved too.

barb
10-25-2008, 05:59 PM
I'd be mad. That's why I asked you first... And I still haven't done anything.... :) I figure that once I buy my pictures or finish our trade, then I can do what I want with them...

Cheri
10-25-2008, 06:12 PM
Yep, its stealing, but perhaps the person doesn't see it that way. Maybe a gentle reminder.

becky
10-25-2008, 07:26 PM
i did PM her and she didn't realize what her DH had done was stealing or so she says. I gave her a gentle reminder that she is welcome to buy the image and then she can print and use as she wants for her cards. She seemed very understanding so that was awesome.

Generally watermarked images that i post in flickr and my blog i don't mind at all if clients want to use them. as a matter of fact I am flattered that they like them so much to was to post a pic i took in their myspace, facebook, forums or blog. it is sweet when someone asks me first cuz then I know where my pics are being shared and if they are water marked then its free advertising KWIM. what gets me about this situation is that the images was not being shared but was stolen IMHO. Yes its low resolution but its still stealing.

*sigh* at least there seems to be a resolution in site

mommykcrp
10-25-2008, 10:35 PM
No doubt in my mind that it is theft! Unfortunately it seems as though the masses believe that if they pay for one printed picture they can turn around and make as many copies as they want. When I ran the photo department at Longs I stopped people from making illegal copies on an almost daily basis. :crackwhip

Which pissed people off to no end! :giggle

becky
10-25-2008, 10:53 PM
unfortunately it seems to happen all to often and some people do not completely value the hard work a photographer puts into their work as well as the high quality of a professional print. I am glad that places like walmart require a copy write release form before they will make copies from a CD

wyattsmama
10-25-2008, 10:54 PM
well becky, this will make you happy to hear that my dad decided to be bad and somehow get the photos you did of our family off your site and gavve them to me on a cd and i promptly tossed it in the garbage can :)

colleen&Kail
10-25-2008, 10:57 PM
i would be upset, especailly if she palns to make lots of copies of them.

i would talk to her about it.

becky
10-25-2008, 10:59 PM
oh nice...:giggle thanks for appreciating my work for it's worth but I already knew you did. :hug

this goes to show that people are much more internet and computer savy these days. I hate to say it but this is happening way more than I want to admit.

wyattsmama
10-25-2008, 11:00 PM
you have to be pretty intent on getting them off there to do so too. it's not like you can just right click and save kind of thing. imo a person would clearly know what they are doing...

lornabrown
10-25-2008, 11:05 PM
I think 95% of the people out there follow the "rules" for whatever the situation. Unfortunately there is always about 1 in 10 or 20 who thinks they can bend the rules in their favor and have no remorse.
There should be a personality name for that person.

becky
10-25-2008, 11:40 PM
There should be a personality name for that person.:giggle maybe there is. I just don't know what it is :lol

TaivensMama
10-25-2008, 11:42 PM
Stephanie, I think it has to do with a few things... First, I think it only applies to playdates with photoshoots. So like, say Brooke is taking the photos (like at the party today) and a mom is taking pictures at the same time, it would make Brooke's job harder because she's trying to compete for the attention of the child, plus the parent shouldn't be allowed to take pictures in that setting since Brooke is specifically the one doing it, and the backdrop and scene are all her doing, ya know?

It definitely doesn't apply to a situation where like, we're all at a park and the kids are running around.

I also wanted to say that not only does another camera distract but DUDE the parent needs to BE next to the child, making sure they don't fall, helping to make them smile, help pose them, make sure they don't run off etc. Photos sometimes don't just HAPPEN, it taks the help of the parent...the photographer cannot be ten people in one...

stephaniemsw
10-25-2008, 11:48 PM
I also wanted to say that not only does another camera distract but DUDE the parent needs to BE next to the child, making sure they don't fall, helping to make them smile, help pose them, make sure they don't run off etc. Photos sometimes don't just HAPPEN, it taks the help of the parent...the photographer cannot be ten people in one...

Thank goodness Brooke brought her sister assistant today, cuz I royally failed at posing my kids or making them smile :( Thanks, Seasyn for stepping in where needed.