Save Image As: Combating Internet Photo Theft
By Cary LiaoIf you’re a concert photographer and have posted your work online, chances are at least one of your photos has been downloaded and reposted without your permission at some point. Photo theft on the internet is nothing new, but with the rising popularity of band fansites, fan pages, and an increasing disregard for intellectual property rights, the problem has gotten a lot worse. Read on for some simple steps you can take to protect your work, and to learn what to do if your work has been stolen.
Recently, I was asked to send high resolution images from a shoot for a client’s website. The images would be displayed through a small Flash viewer that also featured a full-screen viewing mode. I knew there was a good chance the photos would be stolen, but what I didn’t expect was that all 30 photos would be re-posted in high resolution, on at least three fansites by the very next day.
Look mom, I can steal a photo!
What was even more amazing [read: hilarious] than the theft itself, was the description the offender posted for my photos on their site:
Here’s a new photoshoot of AP by Cary Liao. It is in HQ, so if you are gonna use it, please credit [fansite name], Thanks :)
That’s right, they wanted other sites to credit them for stealing my photos. One actually did. Fortunately, a polite e-mail request to the webmaster resulted in the infringing photos being deleted fairly quickly. Things wouldn’t be so straightforward for the other two sites, however. The second offender didn’t respond, and the third responded with the following:
hi there, thanks for your email. the content is being used under fair use 107 of the copyright law. the website is a non-profit fansite only to promote the career of the celebrity. have a nice day :)
After politely explaining that the infringement was not within the scope of “Fair Use”, he continued:
this is a tiny website, and no one is making money from the posting or viewing of the images. the images are already widespread on tens – hundreds of webpages, forums, and google, you will see if you do a search on the internet. i can remove it but there’s no infringement here. also it does not hurt you since it helps to make you more famous when people look at the pix :) going over to a friend’s house now, ttyl.
And there lies the problem – “no one [was] making money” from the images being posted all over the internet – including me. After several exchanges, the offender continued to deny any wrongdoing and continued to state he would take the content down. Meanwhile, he stood his position with more absurdity:
your pictures are already all over the entire internet before it was even on the site, and i think the problem is not from any one individual site. it is impossible to control hundreds of websites, they are always going to be spread. if you post them online they will be spread.
After waiting another day for something requiring a few mouse clicks, my patience had worn thin and I decided to contact his web host. I sent off a DMCA “Notification of Claimed Copyright Infringement” form to the host, along with another copy for the non-respondent’s host. These actions resulted in the infringing content finally being removed in one case, and in the other account being suspended. With their website boasting a pretty “Site suspended” message, I finally received an e-mail back from the other party, claiming they “couldn’t see” my e-mails until now. The photos were deleted and their website was subsequently restored. So what can you do to prevent your photos from being misused in the first place?
Prevention
- Watermarks
Watermarking is the first line of defense in protecting your property, and something most people already do. At the very least, if your photos are stolen, viewers will at least know who took the photo. If you decide to watermark, some considerations are how obtrusive or unobtrusive the watermark should be, and what information it contains. After trying out dozens of different watermarks over the years, I recently updated my watermarks to increase the readability of the text and to make it clear where a viewer could go to see the original photos.
The transparency on the old watermark (left) made reading the text somewhat difficult. Some subtle fixes improve readability against a busy background, and the addition of “.com” makes it clear where to find more photos. Don’t assume that people will visit your website if the URL isn’t present.
- Image Size
Unless you absolutely have to, do not post your high resolution files online. If you use a service like Flickr to backup your files or just for displaying your work, consider changing the permissions so only you can access the full original images. While the majority of these users probably allow this by personal choice, I’ve come across countless people who have all of their photos downloadable in their original form. This makes it entirely too easy for anyone to make prints from your images, re-purpose them, or even claim your photos as their own. Also, don’t rely on “who can download?” settings to protect you. If your photo can be viewed through a web browser, it can be stolen via a multitude of methods.
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Disclaimer
Sometimes, all it takes to deter the theft of your work is a short disclaimer. Photos in my Flickr Photostream state “NOTE: These photos are copyrighted and may not be used or re-posted without my permission”. My photography websites display a copyright message when a right click is detected. Believe it or not, some people don’t even know that downloading an image and using it however they please is wrong, so your message may prevent some misuse. -
Make Use of Technology
Flash-based photo galleries such as SlideShowPro are attractive and can make it more difficult for a photo thief to simply save a photo through a browser menu. However, unless the data file containing your image locations is obfuscated or hardcoded into the SWF file, anyone with basic HTML knowledge can still save the original files you upload to your Flash gallery. Also, don’t forget – if you can see an image in your browser, a screen capture program can save it.You may also want to disable right clicking on your website through JavaScript, but this once again comes with caveats. First of all, JavaScript can be disabled in seconds, rendering your protection instantly worthless. Secondly, tampering with a web browser’s core functionality is frowned upon by some web developers and users. If you are still up for it, check out some free scripts at Dynamic Drive. On my sites, I disable right clicks in order to remind viewers of my intellectual property rights, and not necessarily as a means to prevent them from saving files.
My Photos Have Been Stolen – Now What?
- Send an E-mail
If you have a bit of patience and the infringement isn’t severe, sometimes a polite message to the individual who stole your work can result in a positive outcome. When I have used this method in the past, I normally provide a few options, such as allowing them to keep the image(s) with a proper credit or having them link small thumbnails to the photos on my website. If you want to avoid the possibility of getting into a heated debate with an ignorant fanboy or fangirl, you may skip directly to the next step.
- Send a DMCA Complaint
The first step in successfully filing a “DMCA Notification of Claimed Copyright Infringement” form (commonly referred to as a “DMCA takedown notice”) is identifying the web hosting provider for the website which contains your work. This can usually be done with a quick WHOIS search, by looking at either the Technical Contact or the Domain Name Server (DNS) entries. In some cases, the web host is not readily available by searching the WHOIS database. For instance, the DNS entry for one of my offenders was nsX.thebadfansite.com, which wasn’t useful since it was the same domain as the website itself, and the Technical Contact was the offender’s internet handle and PO Box. In this event, you can use a website like Domain Name Details to get the IP address of the website, then use the IP address to get the host. A traceroute (“tracert” through the Windows command line) can also be used. Once the web host has been established, visit their website and look for an e-mail address or contact form subject line that deals with “trademark/copyright infringement” or “abuse” (usually abuse@somewebhostingprovider.com). You will need to send them a completed copy of the DMCA form (see a sample form here). In your written notice, you are required to provide the following items:
- Signature (or an electronic signature) of the copyright owner or a person legally authorized to act on behalf of the copyright owner
- Identify the copyrighted work that you claim has been infringed (you may choose to include copies of the photographs, to aid in identification)
- Identify the material that you claim infringes your copyright (include specific locations)
- Your address, telephone number, and e-mail address
- Statement by you that you have “good faith” belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- Statement by you, “under penalty of perjury, that the information in your notice is accurate”, and that you are the copyright owner or legally authorized to act on behalf of the copyright owner
If all of the information checks out, the web hosting provider should remove the infringing materials or suspend the account until the customer complies. In the unlikely event that this does not occur, you may have to resort to an intellectual property lawyer, if the infringement is severe enough.
As long as your photography is available online, no amount of JavaScript or Flash code will stop someone who wants to steal it. Therefore, my best advice is to assume everything you post will be stolen, and adjust your image sizes and watermarks to a level you feel comfortable with. If you see someone who is clearly violating intellectual property rights, consider contacting the rightful copyright owner(s) or warning the appropriate photo community about the possible infringement. There is no end in sight for photo thievery, but by following some of the above advice, you should be able to minimize the damage.
Do you have any tips or horror stories about your photography being stolen? Feel free to share them here!
Good article. My comments:
1) Watermark: definitely agree with using them, and also with making them quite opaque. For a short time I had turned the opacity down on mine quite a bit. The watermark was still visible in online versions but seemed to be less “LOOK AT ME!!!” Then one day I printed one, 950×633, out. Watermark was totally invisible. Picture was to me pretty crappy but to someone who doesn’t want to pay for a print, it was good enough. I changed my opacity back to the old way.
2) I almost always don’t bother sending an email to offenders anymore. I don’t have time to dick around with hearing their excuses. DMCA notice is easier.
(Note: I am much more like to DMCA straight away when it’s a commercial or otherwise money-making site; occasionally I do let fans re-post on their private blogs, although allowing this is really on a case-by-case basis. There are certain bands and fan communities of which I am an active part, and for those, I am more lenient in allowing non-commercial use even if they didn’t ask permission; however, also note that in those fan communities, it is very rare that I am not asked for permission.)
3) I strongly disagree with disabling right-click or using any other method that will just cause a thief to do a screen cap. If they’re going to steal, I’d MUCH rather have someone steal my picture with the EXIF data intact. If they do a screen cap, no EXIF for them and none for anyone who steals it from them in the future. Much easier for someone to claim ignorance of the law & confusion of ownership when there is no copyright notice in the EXIF.
Thanks for sharing your thoughts, Maryelle. You bring up some great points – especially the fact that EXIF data will be gone after a screen cap is made. On the issue of whether or not to send a DMCA notice right away, I have always tried to reach out first (on non-commercial violations), but I can see the argument that “letting them off the hook” could just lead to more infringement, which hurts all photographers. I suppose I’ll have to examine that issue more. I just know for a fact that I’m not going to waste my time explaining property rights more than once anymore!
I’m a bit bothered that “Adding .com makes it clear where to find more photos” actually means “where to steal more photos”. Also, a problem is that making a watermark that doesn’t detract from the image onscreen means it also doesn’t detract when printed.
Are you saying that it’s okay for fanclubs etc to copy/print your images as long as the watermark in the corner (with an ad for your site admittedly) is included? I’m a photographer and also a fansite administrator so I always ask before using images, but I have been tempted when I see web addresses on an image to say “Well, they get a free advert” and use it (I haven’t done so I hasten to add!)
I wouldn’t say that having the URL present means “where to steal more photos”. If fansite webmasters are going to steal photos, they will figure out where to find more photos, regardless. And why bother doing any sort of promotion for your photography, if you’re scared that some bad people will find your website in addition to everyone else?
I guess I don’t really follow your point about watermarking on-screen versus in print. For my photography, the images that I present on my websites are completely separate from what I send publications for printing. Obviously, if they are paying me to print it, I will provide high-resolution files and they won’t contain a watermark. If people try to print watermarked photos from my website, I could care less about how gaudy the watermarks look, as anyone who printed them weren’t authorized to do so.
I’m fine with most fansites using my work, as long as it’s properly credited, and they contact me *first*. I don’t think I’ve ever denied any fansite that has asked for permission before. I wasn’t aware that they also print the photos, but they’d be getting pretty poor quality from the 600px images I normally post (the hi-res pictures I mention in the article were a one-time shot).
I’m glad you don’t do it, but the attitude that it’s okay to use a photo without permission, since it gives “a free advertisement”, is one of the reasons why stolen images continue to be a problem. It’s akin to downloading a copyrighted song illegally, then justifying it by promoting the band to your friends. Maybe one of your friends buys the actual album, but does that make it okay that you stole the song? Copyright law is there for a reason, and besides cases of “fair use”, copying images over without permission is plain and simply theft.
Some great info here. People can go out their way to steal images. I had a major broadcaster (much music) here in Canada take a screenshot of my photo and use 4 of my photos in their tv show without any request, consent and, to top it off they removed my watermark. So it’s really hard, once things go online be ready for madness!
Wow, that’s unbelievable that a major broadcaster would use your photos without permission on a TV show! Were you able to reach a settlement with them?