As a photographer, I dedicate time, effort, and creativity to produce images that tell my clients stories, capture emotions, and provide lasting memories. However, as with any piece of art, there are rules and protections in place to ensure that the creator—me, the photographer—retains control over how these images are used. In this blog post, I'll explain why copyright is important, why I watermark my images, and why removing watermarks or using images without permission is considered theft under UK law.
What is Copyright?
In the UK, copyright is a legal right granted to creators of original works, including photographers like myself. According to the Copyright, Designs and Patents Act 1988, the person who creates the photograph automatically owns the copyright to that image from the moment it is captured.
This means that I, as the photographer, am the legal owner of every image I take, and I control how, where, and when those images can be used. Copyright protects the use of my images, whether they're on websites, in print, or on social media.
Who Owns the Copyright to the Images I Create?
To clarify, unless otherwise agreed in writing, the photographer—in this case, me—retains full copyright ownership of all the images I take.
Even when clients hire me to take photos, the copyright remains mine unless I transfer it explicitly through a legal agreement. When you buy an image or set of images from me, what you're actually purchasing is a license to use the photos in certain ways (such as printing them, posting them on social media, or using them for personal purposes). This license does not grant you ownership of the image or the right to alter, distribute, or use it for your own financial gains (i.e. creative subscription platforms like OnlyFans or Patreon).
Why Do I Watermark My Images?
A watermark is not just a logo or name overlay—it's a visual marker that serves two essential purposes:
Protection: Watermarking helps to prevent unauthorised use of my images. By adding a watermark, I am working to safeguard my creative work from being copied, distributed, or displayed without my permission.
Credit: As a professional, my brand is important. Watermarks ensure that when my images are shared or circulated online, credit is given where it's due, making it clear who created the image and allowing potential new clients to find me.
Without a watermark, images can easily be taken and used without proper acknowledgement or payment, depriving me credit and the income that I deserve for my work.
Screenshots and Removing Watermarks: Why It's Considered Theft
Taking a screenshot of a watermarked image or attempting to remove the watermark by cropping or AI software is not only unethical—it’s illegal.
When a client or anyone else takes an image without permission, they are infringing on the copyright in place. This act is considered theft of intellectual property because it involves using someone else’s work without consent. Imagine buying a piece of artwork from a gallery—would you simply take it off the wall without paying? The same principle applies to digital photography.
The Legal Repercussions of Copyright Infringement
Using an image without permission, whether it involves removing a watermark or screen-shotting, is a violation of UK copyright law. According to the Copyright, Designs and Patents Act 1988, unauthorised use of copyrighted material can lead to serious legal consequences, including:
Cease and desist letters: These are legal warnings demanding that the unauthorised use of the image stops immediately.
Financial compensation: You may be required to pay for damages, which can include the loss of income I would have made if the image had been purchased legally.
Court action: In severe cases, copyright infringement can lead to lawsuits and further legal proceedings.
While I understand that some clients might not be aware of the laws surrounding photography and copyright, it is crucial to educate yourself. By purchasing the images you want and using them according to the license provided, you’re respecting the legal rights of photographers like me.
How Clients Can Safeguard Themselves
It’s simple to stay on the right side of copyright law:
Purchase the images you want: If you like a watermarked image, get in touch with me to purchase the rights to use it. This ensures you receive a high-resolution, unwatermarked image that you can enjoy legally.
Don’t alter images: This includes removing watermarks, cropping the image in a way that hides my mark, or applying filters that significantly alter the original work.
Ask questions: If you're ever unsure about how you can use an image you've purchased, don't hesitate to reach out to me. I'm more than happy to clarify your rights and the ways in which the images can be used.
Protecting Creatives Like Me
As a photographer, my images are my livelihood. Copyright laws exist to protect creatives from having their work stolen or misused. Watermarking helps to guard my work, but ultimately, it’s the responsibility of clients and the public to respect the legal rights of photographers and other creatives.
If you’re a client, thank you for supporting my work and ensuring that photographers can continue doing what we love. By understanding copyright law and acting ethically, you help us protect our creative efforts. Your support not only ensures that photographers are fairly compensated, but it also encourages a thriving creative industry where art and professionalism are valued.
If you have any questions or need to discuss purchasing images or usage rights, feel free to contact me directly!
Kylie
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