Graduation Banners

[Farmboy]

I just received this email,

Hello
I recently saw a banner that you produced on Facebook. It has two photographs that were taken by my studio. You may or may not be aware that unless you have permission from the photographer, you can’t copy, distribute (no scanning and sending them to others), publicly display (no putting them online), or create derivative works from photographs. Just a friendly reminder that you should be getting a release from the photographer to reproduce their work in any form.
Thoughts on this please. 14 years doing this and this is the first time anyone has brought this to my attention.

 

[BIG EASY DOES IT]

If someone brings in a photo that looks like they took it I don't question it. Not really sure how much investigating you are supposed to do on every job. If someone brought digital copies of wedding photos but they didn't pay the photographer yet. Technically they might not be the theirs yet they might still be the photographers. But I'm not going to ask them that. They brought the artwork in.

 

[Stormyj]

Perfectly legal for them to do it. They can copyright all their work kind of like how walgreens wont print pictures from proofs you get from your kids school. You might be able to get a release from the customer stating that the photograph is their own property and they give you permission to use it, but not sure how that would stand up in court, if it ever came to that.

 

[rjssigns]

If a client has a pro take pictures and the client paid for the session then buys the photos the photographer still owns them? Gotta be some details missing.

 

[BIG EASY DOES IT]

If a client has a pro take pictures and the client paid for the session then buys the photos the photographer still owns them? Gotta be some details missing.

Not in that scenario but you can pay someone to take a bunch of pictures and you don't own them until you pay them for full rights. You have to know what you paid for also. Sometimes you can use the pictures for any personal printing but the photographer doesn't give you the right to use them in ads or something of a public nature.

I just wonder if it's your job to find out whose property the pictures are. I think it should be the responsibility of the person bringing in the photo.

 

[BIG EASY DOES IT]

Perfectly legal for them to do it. They can copyright all their work kind of like how walgreens wont print pictures from proofs you get from your kids school. You might be able to get a release from the customer stating that the photograph is their own property and they give you permission to use it, but not sure how that would stand up in court, if it ever came to that.

I believe printing from a proof is different then from a digital file. Would Walgreens print that picture if I scanned it at home, cropped it and put it on a CD? If they did is it their responsibility to know that that picture was copyright? I think ultimately in court it would be on the person getting the prints made. Unless there was some extreme negligence like yea that's my coke label, and you just go ok no problem.

 

[Stormyj]

I believe printing from a proof is different then from a digital file. Would Walgreens print that picture if I scanned it at home, cropped it and put it on a CD? If they did is it their responsibility to know that that picture was copyright? I think ultimately in court it would be on the person getting the prints made. Unless there was some extreme negligence like yea that's my coke label, and you just go ok no problem.

I guess the real answer here is, "Ask your laywer."

 

[bob]

What, exactly, are you worried about here? Black helicopters, guys sliding down ropes, kicking your door open, and hosing down your shop with automatic weapon fire?

Just print it. Client's copy, client's problem.

 

[GoodPeopleFlags]

I think I would reply something to the effect of, "Thank you for contacting me. I will be happy to respect your wishes and remove the photo. Being in the sign business, I'm very familiar with copyright laws and honestly didn't believe this was infringing on that. If you're ever in the market for signs or banners, please give me a call!" Something like that. Yeah, they're being kinda nit-picky but there's no need to be a jerk about it. It's just a FB pic. I'm sure your portfolio won't suffer without this particular graduation banner.

 

[Billct2]

I'd consider a polite response, maybe like Bluefish's, but throw in that they should contact their client because you had no way of knowing they didn't own them.
Let them **** off and lose their client.

 

[Gino]

Okay... I don't get it.

There's another thread going right now, let alone the dozens of others just like it, where someone wants to be compensated for an idea, that they didn't say anything at all to the potential customer, but if they use it he might get angry and wanna be paid.

Here is something someone has given you and you didn't ask any questions as to where the files come from.

Doesn't the photographer have the same rights to his property as we have to our thoughts...... or half pint drawings ??

Fair is fair, and while it's difficult to get permission from the original person, don't you people at least ask, where they got this stuff from ??



I have no problem using things people bring in , but one or two up front questions can't be that hard to muster up.

 

[Billct2]

Someone brings in an 8x10 photo and I'm supposed to think there's a copyright issue with putting it on a party banner?
It's not the same as someone bringing in a sign sketch that's obviously another shops, or wanting a Harley logo on their bar sign...

 

[ddarlak]

what kind of douchebag worries about a copyright over a high school graduation photo.

 

[Rick]

Farmboy does not say how he got the photo but...
Being courteous goes a long way... put yourself in their shoes.

If you pinched it from the internet - take it down and apologize.

If a client pinched it from the internet or from the photographer without permission - apologize, explain the situation - then offer to add a photo credit with a link - or take it down if that's not satisfactory.

The photographer has recourse... like reporting a DCMA request to Facebook, a few friends have had profiles removed for that. If it's on your site, they can impose a DCMA takedown request to your host.

As far as accepting photos from clients... clients never run the risk of a profile or site removal, you do. We may not be the enforcers of copyright, but we're the ones who pay... cover you're arse.

 

[BIG EASY DOES IT]

Okay... I don't get it.

There's another thread going right now, let alone the dozens of others just like it, where someone wants to be compensated for an idea, that they didn't say anything at all to the potential customer, but if they use it he might get angry and wanna be paid.

Here is something someone has given you and you didn't ask any questions as to where the files come from.

Doesn't the photographer have the same rights to his property as we have to our thoughts...... or half pint drawings ??

Fair is fair, and while it's difficult to get permission from the original person, don't you people at least ask, where they got this stuff from ??



I have no problem using things people bring in , but one or two up front questions can't be that hard to muster up.

Simple questions are fine.

Where did you get it?

I took it/ made it.

End of discussion? Or do I need to investigate further.

 

[BIG EASY DOES IT]

Or should we just get everybody to sign a paper saying...

"The files I brought in belong to me and I have to right to do whatever I want with them"
Signed Customer

 

[Gino]

Someone brings in an 8x10 photo and I'm supposed to think there's a copyright issue with putting it on a party banner?
It's not the same as someone bringing in a sign sketch that's obviously another shops, or wanting a Harley logo on their bar sign...

You know, that's a good one, cause we did just that, about 10 years ago. We were contracted to make some signs for a nice outside bar and they wanted a Harley Davidson theme, so we asked if they had permission. They said yes, and showed us a written Okay. We proceeded and about 2 months later were contacted about making some illegal signs with their logo. I showed them the paperwork and they said it wasn't theirs. About a week or two later, I was contacted again by the bar and told everything was now, Okay. I called the Harley guy and they said, we were all cool and thanked us for doing such a good job, since we obviously were never given proper files or artwork. the bar is a huge success, and really does a lot to promote Harley.

 

[Behrmon]

Simple statement on your proof sheet that the customer assumes all responsibility/ownership of provided logos and images.

 

[Gino]

Simple statement on your proof sheet that the customer assumes all responsibility/ownership of provided logos and images.

I don't think it's that easy to pass the buck.

Generally, the one replicating or duplicating a file, painting, photograph and most other forms of art... is the responsible party.

 

[Behrmon]

I don't think it's that easy to pass the buck.

Generally, the one replicating or duplicating a file, painting, photograph and most other forms of art... is the responsible party.

I agree but hopefully adds a layer of "protection" should push come to shove. It does show that you have made an effort to ensure that the images provided to you were at least claimed to be owned by he provider.