While visiting those websites that have visited me I came across one that was using my photos as samples of their "art work" on their website. And while I might have not thought much about it initially I was upset that someone would brazenly just use the photos without so much as a hello or thank you since after all there was no plug for my work or website, just description of the jewelry they wore in the photos was samples of her work. So I emailed the individual stating the simple copy write protection law of using one of my photos for her business and kindly asked for her to remove it as I feel it not only violated my rights but perhaps the individuals in the photo itself. In reply I basically get a line about what I should do with my photos instead of just leaving them out for the public to see. Now I may not be the sharpest knife in the drawer but isn't that the point of taking photos when you're in the photography business? Anyway I was also told I was violating the individual's rights in the photo as they had not released such rights. This let me know that it was obvious this individual was under some false sense of security and had not read the "
photographer's rights" or ever received legal advice. While I won't bore you with the lengthy version here's the general part:
"The general rule in the United States is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs.
Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs. Examples of places that are traditionally considered public are streets, sidewalks, and public parks. Property owners may legally prohibit photography on their premises but have no right to prohibit others from photographing their property from other locations. Whether you
need permission from property owners to take photographs while on their premises depends on the circumstances. In most places, you may reasonably assume that taking photographs is allowed and that you do not need explicit permission."
Now the photos in question were at a public gathering recognizing native Americans with no posted or written policy prohibiting photographs. Nobody asked that their photo not be taken (not that would matter legally, but I would have respected their request) and many other folks were taking photos of course as with any event. In the end I thanked her for removing my photo from her website and figure that was sufficient as it should be. Bottom line for this part of the story is nobody has rights to your photos except you. If you wish to sell photos is the only time certain requirements need to be met and then it's always advisable to get a release. This isn't the first issue of theft I've dealt with but it's an ever increasing problem for photographers which is why you'll see more action to protect both parties rights. This is why we offer password protected galleries and make sure your images remain safe from instances like this when you schedule a photoshoot with us. Public events on the other hand are open to the public as such and usually copies of photos are only available with consent release by individuals or parents of individuals pictured.
I'll leave you with a few shots taken recently and invite you back to view some awesome shots of the rodeo action at Henderson's over the weekend coming up.
