No pic, but a burning question

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HawksFan66
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p.1 #1 · No pic, but a burning question

I put this on another forum but haven't had any responses. I'd appreciate your input and thoughts.

I do a lot of sports photography at our local schools. I put them on my Zenfolio site and keep my prices cheap so that the hard-up families can manage to get a few memories of their kids.

So today my daughter comes home with her new yearbook from last year. I'm flipping through it and being the photographer that I am, I'm looking at the pics with a photographer's eye. I get to the sports section and begin noticing that quite a few of the pics look familiar and that the yearbook photog must have been looking over my shoulder. Unfortunately that wasn't the case. They have managed to snag my pics from my site, remove my watermark and steal my pictures. There are about 25 of my pics in there. No permission given, no credit given and watermark gone. I know the teacher who does the yearbook and know she would never approve of this unless they had been given permission.

I'm not sure what to do. I don't care that much that they used the pics, but the way it was done was obviously wrong, in fact, illegal.

What does everyone think?

Aug 30, 2012 at 01:20 AM

Russ Isabella
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p.1 #2 · No pic, but a burning question

Responding to your "What does everyone think?" question only as it pertains to the yearbook's use of your photos without permission, you should contact the teacher and make her aware of what has happened. You should explain that it appears your photos were taken from your website, and that you are not pleased with this. I don't know that there's anything you can do about it at this point other than to allow her to use it as a learning experience for the kids involved. If you can think of an appropriate way for you to be compensated for the images that is within the authority of the teacher (such as free advertisement in next year's yearbook, if this is something you would want and that typically would cost money), you might consider asking for it. I would recommend putting all of this in writing and sending it to the teacher. This will allow you to organize your thoughts and will maximize the likelihood of delivering the message you want to deliver. (It also will provide you with documentation of the communication.) The horse is out of the barn, so there's no going back. Focus on what can be done to prevent it from happening again.

Aug 30, 2012 at 01:28 AM

HawksFan66
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p.1 #3 · No pic, but a burning question

Thanks Russ. This is a very small school district. Everyone know everyone else. I would have gladly allowed them to use my pics with proper credit given, but this rubs me the wrong way.

Aug 30, 2012 at 01:36 AM

jmcaverly
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p.1 #4 · No pic, but a burning question

I would simply contact the teacher that runs the yearbook staff and find out how it happened and then make sure that it does not happen again.

On a side note, I have always offered to let the yearbook staff at my kids school use my team photos and some action shots. They like having nice images and I like the additional T&I income that I get. I just got a call from a team mom two weeks ago that said she liked my yearbook photos and booked me for the swimming team.

Jeff

Aug 30, 2012 at 01:41 AM

cbrenkus
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p.1 #5 · No pic, but a burning question

Forget about it. Take it as a compliment and move on. I let the yearbook "staff" use my photos with the agreement that the would credit me in the yearbook. It didn't happen..

Aug 30, 2012 at 01:45 AM

HawksFan66
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p.1 #6 · No pic, but a burning question

I'm more concerned over that fact that they were able to somehow do a screen capture and remove my watermark. How's that possible? I just don't think their PS skills are that good.

Aug 30, 2012 at 01:47 AM

cbrenkus
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p.1 #7 · No pic, but a burning question

HawksFan66 wrote:
I'm more concerned over that fact that they were able to somehow do a screen capture and remove my watermark. How's that possible? I just don't think their PS skills are that good.

Content aware in CS-5

Edited on Aug 30, 2012 at 01:54 AM · View previous versions

Aug 30, 2012 at 01:48 AM

HawksFan66
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p.1 #8 · No pic, but a burning question

What is that? I don't do PS much, mostly Lightroom.

Aug 30, 2012 at 01:52 AM

cbrenkus
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p.1 #9 · No pic, but a burning question

Yea, I do most of my post in L/R also
Check it out on you tube. Its not perfect but in some cases its amazing

Aug 30, 2012 at 01:56 AM

PShizzy
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p.1 #10 · No pic, but a burning question

http://tv.adobe.com/watch/photoshop-cs5-feature-tour/contentaware-fill/

Aug 30, 2012 at 04:16 AM

basehorhonda
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p.1 #11 · No pic, but a burning question

I had the same thing happen to me this past year. I was only able to catch it before it went to print. Ive got not problem helping out the yearbook, just as long as proper credit is given. The old yearbook teacher wouldnt allow students to use my photos because they didnt want the kids to use me as a clutch.

Aug 30, 2012 at 04:37 AM

gschlact
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p.1 #12 · No pic, but a burning question

My 2cents,
I actually believe that the teacher is ultimately responsible in addition to the yearbook editor and anyone else who actually was involved with locating, editing and publishing the images without checking for proper copyright. I think without any additional information, it would be fair to assu,e they all knew.

With that said, they Owe you. I just got done paying $42 each for my two daughters' yearbooks. I think you should hold them accountable, demanding fair market value, and public credit and apology, with the Superintendant in the loop supporting you. You cant just blame the kids, the Teacher had the responsibility to be teaching them right and wrong with trespect to publishing. Then turn around and donate the money wherever you please. Without these expectations I feel you would be letting the true wrong be overlooked.

Let us know what you wind up working out and resolution.

Guy

Aug 30, 2012 at 05:13 AM

pappawheely
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p.1 #13 · No pic, but a burning question

I would hate to think that this is what future journalists are learning. If the teacher does not know copyright laws, he/she should not be teaching about journalism.

Aug 30, 2012 at 05:29 AM

Jefferson
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p.1 #14 · No pic, but a burning question

Aug 30, 2012 at 06:40 AM

sivrajbm
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p.1 #15 · No pic, but a burning question

happens way to much in schools these days. I had the same happen to me a couple of times at different schools.

Aug 30, 2012 at 06:53 AM

dennisgolfer
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p.1 #16 · No pic, but a burning question

Talk to the yearbook teacher and explain what happened. If they don't understand copyright, explain it to them very clearly. I had a similar situation about 4 years ago where a couple images I had given to a friend (of her daughter) ended up in the yearbook. When I mentioned it to the teacher she apologized and said the kids brought them in and she assumed they had taken them. Since then she has had me meet with the yearbook students during the first week of school. I give them some pointers and a quick discussion about copyright. She has also been very good about monitoring images for violations and making sure that permission and credit is given. I think it is powerful, too when they see an actual person in front of them saying "you stole my image".

I have also been generous about allowing them to use my images, both team and action stuff, provided they ask and agree to attach credits. I still get a chuckle when I get a call or email from some 17 year old girl introducing herself as being part of the yearbook staff and asking if they can use such and such photo and stating that they'll be sure to give me credit. I can always tell that the teacher has drilled them about it.

Talk to the teacher. Chances are he/she didn't know it happened.

Aug 30, 2012 at 12:19 PM

vilimo
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p.1 #17 · No pic, but a burning question

dennisgolfer wrote:
Talk to the yearbook teacher and explain what happened. If they don't understand copyright, explain it to them very clearly. I had a similar situation about 4 years ago where a couple images I had given to a friend (of her daughter) ended up in the yearbook. When I mentioned it to the teacher she apologized and said the kids brought them in and she assumed they had taken them. Since then she has had me meet with the yearbook students during the first week of school. I give them some pointers and a quick discussion about copyright. She has also been very good about monitoring images for violations and making sure that permission and credit is given. I think it is powerful, too when they see an actual person in front of them saying "you stole my image".

I have also been generous about allowing them to use my images, both team and action stuff, provided they ask and agree to attach credits. I still get a chuckle when I get a call or email from some 17 year old girl introducing herself as being part of the yearbook staff and asking if they can use such and such photo and stating that they'll be sure to give me credit. I can always tell that the teacher has drilled them about it.

Talk to the teacher. Chances are he/she didn't know it happened.

^^^
I think this is the best approach to resolve this. I especially like the short instruction to the year book staff / team on copyright.

Aug 30, 2012 at 03:26 PM

danmc
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p.1 #18 · No pic, but a burning question

adjacent photo credit required

What stings me most when this happens is that the credit for the photos is attributed to the wrong photographers.

Aug 30, 2012 at 04:45 PM

OntheRez
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p.1 #19 · No pic, but a burning question

While it will take a bit of hassle, I believe this is what is called a "teachable moment" by educators. I would actually make sure the school and if necessary district were involved because as all have pointed out, this is an illegal act. While I acknowledge the whole concept of "intellectual property" is morphing faster than I can keep up with, a journalism teacher/year book advisor absolutely should be maintaining the highest standards in a school publication. Maybe she didn't know. Possible, but doubtful. Lifting your work from a website would require public students, using computers paid for with public dollars, on school time to act illegally. This really is an issue that should be addressed.

I also work/shoot in a very rural poor area for the local paper. I was approached by the Superintendent's secretary - with whom I have an excellent relationship - about the year book using some of my images. I had only two requirements: (1) that ownership be acknowledged and (2) that they had to pay something for their use. It was a token payment ($40 for a CD with ~100 JPEG images). The advisor was adamant that respect for IP was a key part of what she was teaching. I wasn't trying to make money and certainly wanted to help out, but felt these principles were needed. I got my official $40 check and when the yearbook came out, my work was properly acknowledged. (Obviously, this was not a money making venture but an attempt to support the local schools. It was also obvious that the athletic pix were of a completely different quality than other photos.)

You might consider being proactive, approach the administration with your concerns, and offer to help students understand IP and provide "legal" pix at a very reasonable rate. Dennis' suggestion above is also a wonderful idea. This is an opportunity for kids to learn directly from the professional who did the work. In general I find high school kids more interested in talking to the "real world" than their teachers. (That hasn't changed as I was much the same way back in school.

Robert

Aug 30, 2012 at 05:16 PM

Trevorma
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p.1 #20 · No pic, but a burning question

It's not just schools that are not learning the right way to do things....

I work a full time job and our engineering firm set up an HDTV behind reception to display corporate portraits but also just general environmental shots....

OUR IT GUY went online and right click and saved a bunch of shots from google images....When I brought the issue up he said that the images were in the public domain and free to use....

I stood there in awe, this is the guy who runs our program licenses and what not and he has this view on images

?

Everyone thinks that because something is "online" these days that it is theirs to use with no questions....

Aug 30, 2012 at 05:32 PM

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