Copyright

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Following the After School Special panel discussion at SooVAC, I had a woman ask me questions about how I protect my work and if watermarking was worthwhile. I wrote a guest blog on Local Artist Interview’s website all about options for protecting your work such as copyrighting. I wanted to further investigate watermarking and what real working professionals thought about using watermarking in their images.

I talked to Noelle Bakken, long time board member at Altered Esthetics gallery in Northeast Minneapolis. She is the current co-treasurer but has also been the artist liaison there. Noelle is a photographer and does photoshoots for engagements, weddings and more. I also had the chance to talk with Michael McGraw, founder of Local Artist Interviews. Mike is also a photographer. Both artists helped me by answering some of my questions on watermarking.

Watermark: A watermark is a visible mark on a digital photo or image consisting of text, a logo, or a copyright notice (c), which is used  identify the work and discourage its unauthorized use and theft.

Its a Fun Day When You’re a Sundae, 2012

Copyright symbol in right bottom corner

Kate: Hi Noelle and Mike! My first question is if you use watermarks in your work?

Mike: For my own photography, I used to add my name in the corner of each image when I posted images online for work that people were likely to buy or if I thought the photos might lead to more recognition, mainly my wedding photography and roller derby images. I preferred to use the copyright symbol and my name rather than a watermark because I think posting a degraded image online does the work a disservice. I dislike how it looks.

Noelle: While I generally dislike watermarks, I do use them regularly. I particularly like to use them on Facebook for marketing & branding purposes, so that when my photos are shared there, my name is still on them. Unfortunately, watermarks can only go so far – I can’t control whether clients will crop out the watermark if they use one of my images as a Facebook profile picture. Some photographers opt to place a watermark over or very near a critical part of the photo (covering part of a face, for example) so it can’t be cropped out as easily.

 

Kate: Mike, have you experienced getting images from artists submitting to Local Artist Interviews with watermarks or copyright symbols on them?

Mike McGraw: For LAI, I think only one person has given me any images that were watermarked– a photographer who had copyright symbol and his name at the bottom of the image.

 

Kate: Noelle, is there a way to make sure that images cannot be stolen even if there is a watermark on the image.

Noelle: Ultimately, if anther photographer (or would-be photographer) is bound and determined to plagiarize your work, it’s difficult to find a 100% fool-proof method to prevent them from doing so. If you have a watermark, they will attempt to clone it out. If you have disabled the right-click option from your site, they will screen capture the image. There’s one studio that has recently stolen work from nearly 40 photographers (examples here – http://stopstealingphotos.tumblr.com/post/29831962568/24-7-protography-benjamin-ramalho-photography), many of whom HAD watermarked their images.

 

I’d Tap That, 2012,

Watermarked with artist’s name across art piece

Kate: In addition to watermarking, what are some other ways you protect your images?

Mike: I do not protect my work in any way, but I believe that in a dispute, my original files will show that I am the true owner of any images that might be stolen from me. A watermark would likely protect against someone using the image for any commercial endeavor since it seems pretty hard to photoshop out a watermark. Because it is a lot of work to watermark images, in my experience, I limit the size of the images that I put online. That’s my way to prevent against someone taking my image and making a print for their wall. There wouldn’t be enough data in my online jpgs to print anything larger than a 4×6.

Noelle: I have a line in my contract that indicates all images remain co-property of my studio and I may use them as I see fit for my website, advertising, etc. All clients must initial that line to indicate that they understand the terms. I also provide my clients with a print release (if they are receiving high resolution digital files and not ordering prints from me) that further specifies that the client may use and print the photos for personal purposes but may not use the image in any way that would result in personal gain (stock photography being one example).

I am moving away from using watermarks on my photos in blog posts, since ultimately I feel they distract the viewer from the images and the story I’m trying to tell. I am working on a new website behind the scenes where one new protective feature will prevent viewers from being able to right-click and save images from blog posts.

 

Kate: While this is only two perspectives from two professionals, as a working visual artist myself I believe that watermarking or other written and visual marking on images to prevent copyright infringement can provide a false sense of security. While some measures may prevent image theft, if someone is really intent on taking or using an image they will do so. That’s when additional eduation on what steps to take next are in order. Educate yourself on cease and decist letters. From experience, they work and tend to get people moving pretty quick when you throw some laws and statue numbers in front of them. Learn how to properly size images for website and internet use. Also teach yourself about the different ways to protect your art work, such as  registering copyright or using a Creative Commons license.

Feel free to add your comments and insights on watermarking and image theft prevention!

 

 

 

Interested in reading a guest blog post I did for Local Artist Interviews? Read along about copyrights, creative commons and trademarks through the link below!

http://www.local-artist-interviews.com/2012/08/the-artists-toolbox-copyright-creative.html

Special thanks to Mike McGraw who has offered me two guest posts with an additional post with my collaborative input. I appreciate the opportunity!

The latest book I am reading is the Graphic Artists Guild’s Pricing and Ethical Guidelines Handbook, and I am in love. I’m not even finished reading it and I already have to blog about it! This book is everything you need to know business wise as a designer or artist.

The book is broken up into 4 sections. The first part talks about industry standards, royalties, copyrights, contracts and more. All the nitty gritty business info that you need to know as a practicing professional but tend to avoid because its scary, non-creative, or just pain dry to read and understand. The great thing about this book is that they make it really easy to read. There is a lot of helpful information in the book, but its clear and has a dictionary in the back to help us creatives understand all the need-to-know business lingo.

The second half of the book is a list of salary and price guides. Now the first time I looked over this book, I put it back on the shelf. I was under the impression that it was for graphic designers, but the prices can help any artist! If you are a  painter, drawer, cartoonist, graphic designer, illustrator, designer, video, or animator, this book will directly help you when pricing your work. The only groups of artist this book misses is three dimensional, installation, or performing artists. Regardless of mediums, all artists could learn beneficial facts and information from this handbook.

The third part of the Pricing and Ethical Guidelines Handbook is a list of resources and references. But the last section of the book is my favorite! It is a bunch of standard forms and contacts that you are free to use when you purchase the book. Everything from licensing agreement, inventory forms and model release forms.

Whether you want to self educate or you’ve gotten yourself in a pickle and need some contracts to help you out, this book is amazing and I’d definitely recommend picking up a copy for your own library.

Beyond drawing a tiny (c) by our work, registering copyright with the government is often a topic us artist would like to forget exists, much like learning how to file our own taxes as a sole proprietorship. But this girl just filed her first two works of art for copyright, and let me be the first to say, it wasn’t as bad as it seems! I’m still here to blog about it!

The copyright protection offered by the government is here to help you! It creates a public record of the copyright claim, and can assist with copyright infringement if a suit is filed in court. It can also enforce your seriousness and professionalism when dealing with clients and commissions, especially when freelancing for the corporate world. So, learning the basics about copyrighting is necessary for all artists whether or not you plan to register your work. Being knowledgeable in all aspects of the business of being an artist is a must!

How easy is this process? Pretty straightforward. So I’m going to break it down into 5 easy steps.

1. Begin with having high resolution copies of the artwork you wish to copyright prepared on hand before you apply. The largest file they will take from a typical modem is 11.3 MB. Using a fiber-optic able allows you to send a larger file.

Puppet Wife, 2011

Here is one of my images I copyrighted!

 2. Head on over to http://www.copyright.gov/. There is some FAQ pages and some printable PDFs for more information. At this point, decide if you are going to electronically apply or snail mail it. Applying online (eCO) is cheaper ($35 as opposed to $50, its also faster and has online tracking!).

Like most online places now days you need to create login. After that, the website offers a PowerPoint to walk you through the process, but while applying, the website walks you through each step and tells you which fields need to be filled out. I took a peak at the PowerPoint, but didn’t need to rely on it to figure out how everything worked.

3. Fill out the fields! Which for me was repeating my name and address like 8 times. This is necessary to establish the author, claimant, owner of the rights and permissions, correspondent and who to mail the certificate of copyright to when the application is finalized. You also need to describe the type of work (literary, musical, dramatic, pictorial, sound, motion picture, architectural, choreographic, etc.) The work needs to be titled and dated by year of completion. Typically, you would submit one work to file under copyright. But you may register multiple works under one case number if the works are in a collection and are unpublished. Nothing scary! Everything is written in plain easy to understand English and easy to navigate for a first timer.

Cleopatra, 2011

Second work of art that I copyrighted!

 4. Then they charge you for each claim you submit.

5. The last step is uploading (or snail mailing) your art work deposit. The deposit is the actual image of the work that the government keeps on file. This is much like uploading work online for art exhibitions. Simply open the upload file button, choose the work from the location on your computer and watch it load….And ta-dah! That’s it. Your copyright is effective on the date that the office receives the required elements regardless of how long the application processing takes.

Want some reference materials? As I mentioned above, Copyright.gov has thorough FAQs and materials to help you navigate your way through the many questions you have. Graphic Artists Guild also offers a digital guide on copyright for free! It simply requires you to input your email so they can send you the link to the PDF. The digital book is called Copyright Myths: Copyright Basics and Common Misconceptions Debunked.

If you are a digital artist or are creating art for printing or publishing reasons, I highly suggest registering your work with copyright. Creating contracts and licensing guidelines for your clients and commissioners also ensure that you keep all rights to your work. When you are working with your digital images, make sure you save your name and contact info as well as the copyright info into the file itself. This is possible through computer programs like Photoshop (File -> File Info).

The two images in this blog posting are copyrighted. Unauthorized use of either image without permission from the artist is copyright infringement.