Further to my posting about news agencies being required to pay $1.2m to a freelance photographer for his pictures uploaded to Twitter, here are 10 bogus excuses that people use when they steal a photo from the internet.
They have been compiled by a Canadian photographer, Francis Vachon. I have edited them. Go to his site to read every detail.
1. There was no "copyright" logo or any other watermark on the photo
Copyrights exist by default. A photographer does not have to specify on the photo or the website that the photo is protected by copyright.
2. The photo is on the internet, therefore it is free to use
A picture does not magically fall into the public domain when it's uploaded. The photographer keeps the copyright (though the exact number of years vary from 50 to 70, depending on the country).
3. I found it on Google Image, therefore it is free to use
Google Image is not a free stock photo agency. Google does not own pictures.
4. It's on Facebook, and everything on Facebook is on public domain
No, as Facebook's terms of service say: "You own all of the content and information you post on Facebook."
5. But I won't make money off this photo. It's just for [my blog/personal website/my Facebook page]
Making money or not doesn't change a thing. It is still a copyright violation.
6. There was the photographer's [logo/name/email address] watermarked on the photo. If he put it there, it was so he can advertise his business when we share his photo, right?
No. Just… No…
7. This photo is not good looking enough or original enough to be protected by the copyright law.
Photograph a white paper sheet on a white table during a snow storm with your iPhone. This photo will be just as protected by copyright law as the last celebrity portrait by Annie Leibovitz.
8. I appear in this photo, therefore I can use it
This seems logical, but no. Legally, the photographer has the copyright on this photo because he took it.
9. I bylined the photographer. It's good advertising for him
Only the owner of the copyright can decide how the photo will be used.
10. Millions of people are doing it
An invalid argument. Unless, of course, you can point me out the article of law that tells exactly how many people doing something illegal is needed to make that act legal.
NB: Yes, I did seek permission from Francis Vachon to do this.
