Copyright Law and the Internet
Hello! Todd here, it’s been a while since our last blog, and that’s mostly because we’ve been busy with pictures, baseball, and school, but recent events have hit home with us and we’d like to share the story of what happened.
It was a couple weeks ago when we received a call from a professor at an area college. She was asking us if a student of hers worked for us, to which Farrah responded with “No, it’s just the two of us.” The next question was about a particular picture we had posted of a couple little boys playing with helmets in a dugout at a baseball game, and she asked who shot this. Farrah’s response “Todd shot it”, and Farrah was asked “Was anyone else there?”, which she said “Nope, just Todd”. The professor went on to say that a student had turned in this shot and claimed to have taken it, and that he worked for us which is why she was asking, as she had seen the photo on our Facebook page. Farrah assured her that it was our shot, and no one else was involved. She thanked us for our time, and stated she would take care of the situation. We went on with our daily lives, not giving it much more thought.
Yesterday, we got a voicemail from a gentleman asking us to call him back. We we’re a little busy, so we didn’t call back right away. Within about 10 minutes or so, we got another call that went to voicemail. It was the same gentleman who was asking us to call him back as it was about his school. Intrigued by what this could be about, I called him back. After a couple minutes of polite formalities, you know the “How are you’s” that sort of stuff, the gentleman proceeds to explain that he went to the same area college that the professor had called us from, and he has been sick and in the hospital, he plays sports, but is a student first, and he has a family with four kids. Since he had been sick, he hadn’t been to school in a while, and when he went back and checked his mailbox, he had a notice from the school stating he had been expelled for plagiarism. He said that he had an assignment that involved taking a old picture and making it new, or a new picture and making it old. He saw the picture on a mutual friends Facebook page and downloaded it. This was the picture of the boys in the dugout. Through out the conversation he went on about many different things, and that mainly he didn’t know it was copyrighted as he didn’t see any signs or markings, and it was just for his class project and he meant no harm. Not at any time did he ever apologize for his actions, but was asking me to write a note or call the professor to say that I had helped him with the photograph, so that he wouldn’t be expelled.
I just couldn’t believe what was going no with this phone call. I mean I felt sorry for the guy, but he was asking me to lie and give him credit for my work. I told him that I was sorry, but I just couldn’t do this as it went against every bit of integrity that I had. The gentleman went back to the copyright, saying he didn’t know it was copyrighted. This is what I shared with him, that I want to share with everyone:
Just because you see a picture on the internet, on Facebook, Twitter, LinkedIn, or any other social media site or webpage, it doesn’t mean that there isn’t a copyright associated with that image. It doesn’t matter if you are a pro photographer, an amature, or just a casual family snap shot shoot, from the moment you push that button on the camera, and the shutter opens and creates an image, you own the copyright to that image. There are no forms to fill out, and you don’t have to publicly state that you own the copyright. It is general copyright law, which means that the photo can not be used, duplicated, edited without the consent of the copyright holder. Being a college student myself, I know that at the beginning of each class, the syllabus covers the plagiarism policy of the school, which expressly states that using written or visual works of another person without proper credit or permission will result in expulsion. After explaining copyright law, I expressed again that I was sorry he was in the situation and that I couldn’t help him.
If you follow the photography world, I’m sure you’ve read about other situations like this, we have. And we never thought we would be in a situation like this. It was bittersweet to hear our work was being claimed by someone else, you know it was a little flattering that he thought highly enough of our work to use it, but at the same time we were a upset that he “stole” it. In the end, we could have done things differently, like sued for copyright infringement, but that takes time, and time is money, and ultimately we would be suing a college student. We all know that college students don’t have any money, so it would be pointless to win a case and not be able to collect. Plus that’s not what we are about. Now, if one of our shots was being used and the person was making money off of it that would be a totally different story wouldn’t it.
In closing, I wanted to share this story while it was on my mind to provide some educational value, and as GI Joe says “Now you know, and knowing is half the battle”.
We hope that everyone has a safe and happy long weekend! Until next time,
Todd, Farrah & Tucker































