Friday, December 09, 2011

Using Photos on Blogs

I received an email while I was on hiatus in reference to a use of a cosplay photo. It was a very well written email (but at instances threatening). They had illustrated some concerns on a photo I was using of theirs. I did address their inquiry and they allowed me to continue to use the photo in the blog (not sure what one it was as they did not say).

This photo (which had no watermark or linked photographer) also happened to have been for a Cosplay Interview I did. They noted that they were a friend of the cosplayer and had posted it on their Facebook (old photo). When I do these specific blogs, I try my best to work with the cosplayer to see who may of done the photos and if they had contacts for them. If I can find a name and/or link it is always added.

We draw our own conclusion that since this is for the cosplayer, then the use of the photo to promote them would be fine. As it seems however, this is not the case (Blogger Beware) and we should not be using the photo if we are not able to locate the photographer.

Copyright 2008 Todd Alperovitz - The Daily Bubble Tea
In a nutshell, this is a daunting task for any blogger.

Majority of the time, we have no idea who took the photo (no watermark) as most are from cons. All of your professional photographers will watermark and it will be noted so you can contact them. If you go to cons and take cosplay photos to post, you need to start this practice so we in the blog-o-phere can contact you. I would also hope that you ask the cosplayer if it is okay as well to take and post their image.

If at anytime, you see a photo you took on my site and there is no link to credit you or I did not get your permission, please let me know. I am in no way trying to take money out of your pocket or fame away from your work. I am an amateur Nature Photographer myself and understand you concerns on how your work is being used. Even I have missed placing watermarks on my stuff.

Here is the original email that I received that is the reference to this post:

Hello BlueDrakon:

It has come to my attention that the photos on your blog do not belong to you. They are copyright to the photographers who have put in their time to take the photos.
Yes, the photos are very pretty, but please note that it is not advisable to copy and paste whenever you find a nice photo.

Please receive permission from the copyright photos before using these types of photos on your blog, or at least notify/credit them.


Asking only the cosplayer does not clear you of misunderstandings from the photographer. Remember, it's the photographer who holds copyright.
I am not accusing on false grounds.

I am one of these photographers.


The reason why I'm only cautioning you is that I am one of the few that doesn't take this to the court. (Plus I'm not of eligible age to sue you anyways, yet.)


I did not think this was a big deal until the professional photographers from magazines advised me to warn you of this.

I do know that it is partially my fault since I did not watermark my photos, and I will from now on.


Thank you for reading

Think about this thoroughly

[name withheld for privacy]

10 comments:

  1. Hi,

    Thank you for your nice article on 2old 4 anime.
    I like for your good writing.

    Thanks

    ReplyDelete
  2. if kinda understand where he's coming from but this is the internet, anything is legal :P

    ReplyDelete
  3. @JOhn Vizcarrondo ~ thanks for checking it out and I am glad you enjoyed the post.

    @kluxorious ~ I will continue my cosplay blogs, but will try better to link in the photographer as well where possible.

    ReplyDelete
  4. I'm don't have much ideas on the legality of the use of photo from the internet. I have been notified by friends too that my photos taken had sometime been used in forum or other blogs. Not so much of a concern to me. On my part, I would usually take my own pics to blog. It's a bit difficult when I need to blog about movie and anime. Pics have to be taken from google image search.

    ReplyDelete
  5. It is difficult to say who is in the right. If I am using images for a powerpoint, presentation I would contact the photographer or artist if they are ok with me using their images.

    I believe though once the images are on the internet the internet owns your photos and anybody has the right to take them or share on imageboards, blogs ect unless it is stated on the artist/model/cosplayer note that they don't allow people to take the image. If it is for commercial reasons that is a totally a different ball game.

    Thanks for the heads up though, at least it makes us aware.

    ReplyDelete
  6. @Dennis aka Katsuden ~ I have had my entire blog used with my photos, which I have dropped the hammer on. Google is a great resource and may be a legal issue later - who knows.

    @Cairdiuill ~ I follow your philosophy, but as it seems, is not the legal one. If it is on the web, it is up for grabs unless used for commercial or profit reasons.

    ReplyDelete
  7. "If it is on the web, it is up for grabs unless used for commercial or profit reasons."

    Yeah exactly. :)

    ReplyDelete
  8. The article you linked to states:

    "Myth #5: It's okay to use anything as long as I give credit

    No. For copyright law, the question is whether you have permission. If you don't have permission, you're infringing."

    Although I am pleased that you linked to my website on the photograph featured in this blogpost, you did not follow the very clear advice in the article you linked to. Please include the following as a caption under the photograph: Copyright 2008 Todd Alperovitz - The Daily Bubble Tea

    ReplyDelete
    Replies
    1. I have made the requested update to the photo. Thank you

      Delete

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