Client stealing photos from online proofs

<p>Okay, so I use online proofing for clients to choose which photos they would like to order from me. They are right-click protected, and a message comes up when you do right click, saying the usual thing about how any unauthorized copying or use is prohibited. I also have it in my contract that clients have printing rights ONLY to the edited photos they receive from me on a disc.<br>

While browsing a Facebook buy & sell group today, I noticed one of my past clients had an awfully familiar profile pic, one I took as part of their session, but not one that was included in their order. She had obviously used her phone or tablet to take a screen shot, and then added this awful filter and over-done contrast. Upon further investigation, I noticed that both she and her boyfriend had done this to a bunch of photos from their proofs.<br>

While they're not doing anything more serious than using them for Facebook profile pics (as far as I know), it just irks me. I know I would be fully within my right to contact them and tell them to stop, but I also know that they were really happy with their photos, have purchased gift certificates for photo sessions for family and a bunch of extra prints, and said that they are planning to hire me again next year to do more photos.<br>

So I'm just curious what others would do - let it slide to avoid potentially losing them as clients, and next time around put a big fat watermark over everything, or somehow gently remind them that technically those screenshots of my photos they are taking are illegal?<br>

Also, is there anyone who also does online proofing that has a better solution than just the right-click protect to avoid situations like this, or is that just kind of one of the downsides of doing online proofing?<br>

Thanks in advance for your input!</p>

<p>I would provide them with a disc of the low res files (not large enough to print anything but a wallet size photo) with your watermark on them. It sounds like they heavily refer you & I think this would make them happy. Also, it would be like free advertising for you as your watermark would be displayed, so long as you place it not on their faces but not too far into the corners where it could get cropped out. Also, it shows your images off much better than a bad screenshot does!<br>

Also, you could set up a referral system... if someone refers X number of people they get free prints or a free session, something like that. That would give them even more reason to promote you!<br /><br />Or you can add something like a social media CD package, where they get all of the low-res images (with watermark) to put on facebook, etc for a very low cost or free with a certain package, or so many referrals, etc.</p>

<p>I'm no professional photographer, but it seems like kind of a no-brainer. These people have given you their business and sent more your way. Their use of screen captures on Facebook is about as harmless as it gets. You have nothing to gain, but potential future business to lose by telling them to take the images down.<br>

Right-click protection is a joke. If you can view it on your computer, you can save it. I would suggest only making files available with just enough resolution to be used as proofs, and as Sera suggested putting a prominent but not defacing watermark on them could potentially serve as advertising.</p>

 

<p>Thanks for your responses. <br>

The thing is, they do get a disc with the images they order, and can share them on Facebook, etc, as they wish. They only have the rights to do this with the images they order though, not their entire proofs album.<br>

These clients bought a package where they get to choose 25 photos; they haven't finished making their order yet, which is why their proofs are still up online for them to view. I would prefer not to watermark the proofs, because they don't have any post-processing done to them, which in itself is not so bad, but combined with the poor quality of a screen shot and any crappy filters they add to them, I wouldn't want anybody who happens to see them think that that's the quality of work I do!<br>

Sera, for a similar reason, the images that they get on their disc are full-resolution (even though I may not specifically tell them this) - while they may only have the rights to print up to a certain size from those files, just like they knew they were not supposed to copy their proofs, certain people are going to print larger sizes anyway. And I wouldn't want others to judge my work as poor based on a poor quality print somebody tried to make from a low res file.<br>

Siegfried, I agree that in this case it's relatively harmless. I guess it just bugs me that this is what they're doing, instead of taking the time to finish making their order and sharing the higher quality images that they've paid for.</p>

<p>You put up non-watermarked, unfinished images? That was, putting in gently, a poor choice.</p>

<p>Proofs are for choosing a pose/expression/composition. Nothing more. Put an obvious watermark right in the middle of the proofs, but make it light enough so as not to impede fair assessment of the image. You can't prevent someone from taking images, as you've discovered, but you can make it inconvenient/fruitless.<br>

You should have a contract that clearly states what the customer gets, and what they are licensed to do. It should probably state that the customer is not entitled to copies of the proofs; only the images they purchase.<br>

Hopefully you got a decent deposit, so the customer is already invested in you.<br>

I would gently check in with the customer, and start by trying to finalize the order. Then let them know that you saw some images on facebook that appear to be copies of the proofs. Presuming the contract states restrictions, remind them of that. I've asked folks to not post unwatermarked images, which is why I provide decent quality lower resolution versions for FB/etc.</p>

<p>Thanks Gary, next time around, for these clients at least, I'll have to watermark all of their proofs. Honestly though, this is the first time it's really been a problem (a huge portion of my client communication is done through Facebook, so I feel like I would have noticed if more people were doing a similar thing).<br>

My contract is quite clear in what exactly the client does and does not have the rights to do with their images, and if they happen to forget, a nice big reminder that they do not have the rights to copy or use the images in their proofs gallery comes up if they do try to right click save from there. So I would say these clients quite knowingly broke the agreement I had with them.<br>

I did as you suggested and reminded them that they still had images to order as per their chosen package. Hopefully they can get their order in and I can get their proofs offline soon.</p>

<p>I watermark all my pix. Learned the hard way after seeing my images at various sites.</p>

<p>I watermark my proofs.</p>

<p>If I were in your shoes - I would simply process a couple of these images, resize them for web and send them to your customers, kindly telling them that you think the final pictures look way better like this. You will not lose anything and they should get the hint that their actions were not exactly correct. Adding watermark to the existing online proofs might also a good idea.</p>

 

<p>Watermark you proofs as "proof" or "comp", large, semitransparent and center (like Corbis and others do). A big fat logo by itself might seem intrusive to those whom are not in this field of work. For final or finished images, a small logo/copyright will then suffice.</p>

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<p>I would simply process a couple of these images, resize them for web and send them to your customers, kindly telling them that you think the final pictures look way better like this.</p>

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<p>I like this.</p>

<p>I can't believe you even consider complaining and risking losing a good customer. What have you lost? I would specifically state that all website images are available for free (without watermark), if you buy a print package. Now it is a selling point for choosing you as a photographer.</p>

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<p>Here's an example of how to tell the client that your image is a proof. You can easily create a png in Photoshop, and assign this as a watermarking template (in the export panel in Lightroom). I also have one for my Zenfolio account that I use in the protected clients gallery. Note the word "proof" is semi-transparent, and that the logo is not in order to be readable.</p>

<p>I tell clients up front that physical prints do not have watermarks on them. Prints they order from online will have the watermarks removed. That online images will have a small logo in the corner to protect both our interests: the rights I grant them, and the rights I retain. That should some third party steal their image for other uses, we can go after them. If it's a full buy out, then no logos are used. It's all in the agreement. If someone balks or has issue, we can take care of that before any work is done and I get hung out to dry.</p>

<p>This way, you still get to be the good guy and handle this in a professional manner.</p>

<p> </p><div></div>

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<p>If I were in your shoes - I would simply process a couple of these images, resize them for web and send them to your customers, kindly telling them that you think the final pictures look way better like this. You will not lose anything and they should get the hint that their actions were not exactly correct.</p>

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<p>Thanks, Martynas, I think that's a great tactful way to approach the subject. I think that mainly I will view this as a learning experience about the value of watermarking proofs.</p>

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<p> That online images will have a small logo in the corner to protect both our interests: the rights I grant them, and the rights I retain. That should some third party steal their image for other uses, we can go after them.</p>

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<p>Also, thanks Pete, I really like this approach, and think I will be using it in the future :)</p>

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<p>...I did as you suggested and reminded them that they still had images to order as per their chosen package. Hopefully they can get their order in and I can get their proofs offline soon.</p>

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<p>You could always count the photos they have taken as part of their total for the package. As mentioned above, process them properly and send them over so they have decent copies.</p>

<p>>>>>>That online images will have a small logo in the corner to protect both our interests: the rights I grant them, and the rights I retain. That should some third party steal their image for other uses, we can go after them.<<<<<</p>

<p>You can do so without the logo as well.</p>

<p>Simply having a logo doesn't mean you can go after someone for stealing images. The copyright of the image (which exists when the photo is taken) is what makes it possible to go after someone for image theft. </p>

<p>Many online galleries - Photoreflect, smugmug, zenfolio - will not only disable right click (which isn't what she did) and will put some kind of semi-transparent logo on the image for you as it is published - which means it isn't on your original file and you don't add a step to workflow to deal with it. </p>

<p>I believe smugmug pro does an "X" through the image and a message - saying that the X will be removed on the print, but don't quote me on that. Photoreflect will add the word "PROOF" in a transparent font diagonally across the image multiple times. </p>

<p>Sad thing is that if someone is dedicated to getting your image - they will. </p>

<p>Dave</p>

 

<p>It is actually smugmug that I use, and do have right-click protect enabled, but my client took a screenshot of the photos she wanted after realizing right-click wouldn't work, and reading the copyright violation notice that comes up. So yes, lesson learned, if somebody wants to, they are gonna find a way to take the image.<br>

I did like Dan's idea above too about considering the images they've taken as part of their package (and editing them properly of course), so I just may end up doing that.<br>

I think that some people just think of it like they think of illegally downloading music and movies - they think that because it isn't something physical they are taking, it's not really stealing, or that it won't actually affect the business (me) they are stealing from.<br>

Or, they didn't think about the fact that when you live in a town as small as we do, chances of being found out are actually pretty high :)<br>

Thanks again for all of the input/suggestions.</p>

<p>I think your on the right track with a tactful response in this case.<br>

From a purely business perspective, If they are existing clients an you choose to pursue them for compensation the loss of future income from will probably hurt more than income you can generate through pursuing infringements.<br>

In other cases, especially where you dont have a business relationship with the person infringing on your images, its probably worth looking at re compensation options.<br>

An option to manage this would be to track where your entire image collection is showing up online.<br>

Matt Johnson</p>

<p>This is an amazing opportunity for you. If you have such loyal clients like this that appreciate your work and have spent good money with you then this is your opportunity to blow them out of their chairs with more added value and to keep them talking about you. I would suggest taking the photos they stole from you and edit them in your style and make them look darn good that represents your work. Then I would email them and give them the Facebook optimized file size to upload to their facebook profile and tell them that you noticed they tweaked one of your photos and how you thought the gesture was thoughtful because they like the photo so much they went out of their way to use it. But mention that it is a representation of your work and that you don't want that photo to mislead people. And since they are such awesome clients that you decided to edit these two photos and give them for free to use.<br>

this will let them know what they did and why it effects you negatively (so they wont do it again) but it also makes them feel special and get what they want in the end, a fb profile pic taken by you their favorite photographer. This is just awesome customer service and going above and beyond giving them more reasons to brag about you.</p>

<p>I am kind of rough on this take the following situation: They own a restaurant, you go to eat and order a steak,<br>

after dinner, you ask them can you go in the kitchen and see how your "perfect steak was made" While in the kitchen they are called away. While they are gone, you go in the freezer and take a steak and leave.<br>

The next day, they find it missing and they know you took it. <br>

No amount of explanations negate the fact that you "stole" something from them. Stealing is stealing, they took something they did not compensate you for. The fact that the internet makes it so easy does not excuse it. Why do you think cops hide on highways and near stop signs - doing the right thing when no one is watching is the golden rule and getting busted makes you pay the price. <br>

On the other hand @ Jason Kirby I would go with your Plan "B" LOL</p>

<p>But copying isn't stealing. It has it's own word to describe it: Infringement.</p>

<p>If someone steals something from you, you don't have it any more.</p>

<p>I can say two THINGS HERE:<br>

a ROSE by any other name is still a ROSE<br>

if it quacks like a duck walks like a duck has feathers like a duck - it's a Duck<br>

When we think of the word "infringement," we think of people acting without regard or respect to other people who might be affected by their actions. That's basically what it means, although legally it goes beyond the simple concept of rudeness taking it a step further. <br>

The word "infringement" means to violate someone's rights or to illegally overrule someone's rights within an agreement. The term is used to describe the act of someone going against given rules or exceeding the legal rights of others for his own profit. In other words, infringement is using someone else's property illegally.<br>

OK you lawyers you can come out of the wood work now LOL</p>

<p>I would send them a stiff bill for what they pilfered. The same thing as I would do if they stole my car. I don't recognize that stealing an old car is okay but swiping a new one is a felony. I fear there is an attitude in the land that it is okay to steal if it is easy and you can get away with it. You don't have to help the bums take what is yours.</p>