Copyrighted photos of kids

[mirth]

If a friend sent you a link to a group of photos of your kids, their friends, and maybe even you horsing around -- all photos taken with your knowledge and consent -- but all photos had a copyright mark on it, would you be unhappy? The friend is not a pro photographer but pretty good nonetheless. The friend would ask that if you want to print it, that she will send you one sans copyright but if you put it on a blog or something to please include it.

 

The question ==> Would you be upset to see a copyright on any photo of your kids knowing you could get a "clean" copy for your personal use?

 

My understanding is that the person taking the picture always owns the copyright unless they transfer it to someone else. The copyright should look like this, and be clearly visible: © 2010 Mirth Clements. If the copyright does not appear, the person who took the picture still owns the copyright but doesn't have much of a leg to stand on if they seek royalties from its use. Then this begs the question why put it on at all if the photographer sends even one copy out unmarked. To this, I answer that I don't think these photos are worth any $ but it would be nice to be credited whereever they appear. I know people can easily crop/airbrush out the copyright, but the point is that I tried keep it good.

 

What do you parents and photographers think?

[Caraway]

I would not be upset, she does own the copyright. It is nice that she is willing to give you a clean copy!

 

I think that all photos on the web should be marked with copyright or a watermark. Photos are stolen all the time from blogs etc. Having the photo marked is a deterrent, but also helps claim ownership if necessary.

[Mejane]

Did she tell you at the time she was planning to copyright them? It bugs me for a reason I really can't put my finger on.

[*Jen*]

As a photographer who has had just goofy pictures of my kids stolen from my personal blog and put on another photographers website as her photos I'm all for copyrights on any picture posted on the internet! It is a deterrent to keep people from stealing the photos.

 

I do the same for any pictures that I take of friends/their kids. I always send them an email telling them I am happy to give them an unmarked copy for printing/scrapbooking etc. but please only put the marked copy online.

[Jen500]

Did she tell you at the time she was planning to copyright them? It bugs me for a reason I really can't put my finger on.

 

I don't like photos of my kids on the internet at.all.

[secular_mom]

As a photographer who has had just goofy pictures of my kids stolen from my personal blog and put on another photographers website as her photos I'm all for copyrights on any picture posted on the internet! It is a deterrent to keep people from stealing the photos.

 

 

It's just insane what people will do, isn't it? I wouldn't be upset given the circumstances, but it would make me feel better if the photographer explained WHY she wanted only copyrighted images displayed online. KWIM?

[Tutor]

She does own the copyright, however if she wants to sell them (and maybe even if she wants to publish them on a blog, but the law around that is a bit fuzzier), she would need a model release from you as the parent/ guardian of the children in the picture. If it is just a crowd shot in a public place where anyone could have brought a camera and taken a picture with your kids in it, she wouldn't need a release, but if it is a posed or more intimate/ private shot she would need a release before publishing... especially if publishing for commercial profit.

 

ETA: As a mom and amateur photographer trying to go pro on a small scale, I always get permission of the parents of children or of the adults in my photos before putting them online. Always. Unless we have an understood agreement that it's okay, say on Facebook, to post pictures and tag them to see. (Although these relationships usually arose out of my asking their permission the first time I considered posting the pictures.) Until I began trying to sell some of my photography, it was very rare that I posted pictures of anyone's kids but my own. Now that I am developing a website, I am getting releases before posting anything.

Edited April 16, 2010 by Tutor

[Jean in Newcastle]

She does own the copyright, however if she wants to sell them (and maybe even if she wants to publish them on a blog, but the law around that is a bit fuzzier), she would need a model release from you as the parent/ guardian of the children in the picture. If it is just a crowd shot in a public place where anyone could have brought a camera and taken a picture with your kids in it, she wouldn't need a release, but if it is a posed or more intimate/ private shot she would need a release before publishing... especially if publishing for commercial profit.

 

ETA: As a mom and amateur photographer trying to go pro on a small scale, I always get permission of the parents of children or of the adults in my photos before putting them online. Always. Unless we have an understood agreement that it's okay, say on Facebook, to post pictures and tag them to see. (Although these relationships usually arose out of my asking their permission the first time I considered posting the pictures.) Until I began trying to sell some of my photography, it was very rare that I posted pictures of anyone's kids but my own. Now that I am developing a website, I am getting releases before posting anything.

 

:iagree::iagree::iagree:

[mrs.m]

She owns the copyright but can't publish them on the web without your permission. It's more for the protection of her photos. And photography is an art. If she doesn't just use automatic, there's more to it than you may realize. And she doesn't have to be a pro to still copyright the results from her hobby.

 

Stealing photos is a HUGE issue in the digital scrapbooking community for promotion of the sale of scrapbook kits. AND There was a family in St. Louis who found out that a grocery store in Europe was using their Christmas Card photo for an ad last year. That's what that copyright is about! And it's not that easy to brush out a watermarked copyright that goes clear across the picture. The results are never good and it would not be worth the time to do it!

 

So, yes, there are people who will steal the picture anyway. But at least you can reclaim it back because your name is on it. And if I send out photos to friends, I make a similar request for the watermark to be used. I give them a low-res copy with it already applied for that purpose.

Edited April 16, 2010 by jannylynn

[mrs.m]

I am uncomfortable with the idea that someone would copyright my child's image without asking me I guess. Yes, I suppose she owns the pictures but she doesn't own the kids. I don't mind someone taking pictures of the kids playing for their own use but I wouldn't want those pictures on the internet or used professionally w/o my knowledge.

 

By law, as soon as she snaps the shot she owns the copyright to the image. You as a parent, have the right to say how the image of your child may be used. So that means that you can say that you don't want it posted on the web or in a gallery without your permission.

 

So, if you want to maintain the "copyright" to your child, you should never allow anyone to take photos, especially at a portrait studio. Copyright on works of art in the US exist naturally.

[asta]

I am uncomfortable with the idea that someone would copyright my child's image without asking me I guess. Yes, I suppose she owns the pictures but she doesn't own the kids. I don't mind someone taking pictures of the kids playing for their own use but I wouldn't want those pictures on the internet or used professionally w/o my knowledge.

 

Not to be snarky (honest!), but she did ask you, technically, and, in terms of how the law is written, legally: if the pictures of your kid were taken with your knowledge and consent, and you did not make a previous arrangement that she would sign the rights over to you, the rights are hers by default.

 

I never consent to my child's photograph being taken. Never. I'm that loser parent who refuses to sign that part of the boy scout form. I joined Facebook specifically to find where my family had put up photos of him (and DH and I) to ask them to take the pictures OFF. No blog, nothing. I am a font of paranoia.

 

 

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[Remudamom]

I want to know what YOU were doing "horsing around"?? 8)

[Heidi @ Mt Hope]

As an amateur/almost pro photographer, I always ask people before posting any photos of their children. I own the rights to photos, but I'm responsible about if and where the photos are displayed. I have no problem NOT taking photos of someone if they don't wish to have photos taken. Absolutely, it makes sense to have some sort of copyright/watermark on any photo posted on the web. I think it is wonderful if a clean copy of a photo is made available for printing to someone who appears in the photo.

[Lindy]

Also, the copyright watermark on the online pictures also serves as advertising for a photographer trying to build business.