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If you read through the thread, there are only a few of us here who are professional photographers. You may notice that each of us knows a little about copyright law, although very few know much about the Sweden vs. USA angle.
I've had my photos stolen before and used in print. Naturally, the boss in charge pleaded "sorry, my fault, I didn't know, yada yada". However, those are easy words to plead, very easy. It's the philosophy that it's easier to ask for forgiveness than it is to ask for permission.
I think it was appropriate for Johan to make a stink about it, because he probably didn't have any other forum. I've had managers simply ignore my emails, and if they don't feel any customer or legal consequences, they brush it off, too busy, executive privilege, etc.
Ron or whoever else at the company needs to avoid hassles like this in the future. If he is in charge, then he should make a company policy. Then whoever is assembling their web site must follow company policy or face consequences. The company policy will probably state something to the effect that there must be a release form on file for each photo used in the commercial web site. The release form simply identifies exactly what photo is at issue, and that the photographer can prove, if necessary, that he is the copyright holder on that photo. The photographer can release the photo for specific uses, or just sort of a universal release to use it for anything. Then the photographer signs it. The company holds that paper in their files as long as they have the photo file in their possession, because they might use it this year, skip a year, or whatever.
Now, many companies do not want to go through this hassle, so they get their own employees to shoot product photos. That's a different deal, and the rights go to the employer immediately, no questions asked.
It was stated that the photographer should embed his own IPTC (identification) into the photo file. Yes, that is a good idea, and all of mine that are publicly accessible are identified. But it is not Johan's burden to do that. Maybe his software does it, and maybe it doesn't. If the company can't easily find the owner of the photo, then they simply shouldn't use it. Simple. There are millions of photos available.
You know, many organizations that ask my permission in advance may be granted it for use of one or two of my photos. But, when they don't ask and just do it, watch out!
I hope that ends Copyright Law For Dummies.
--B.G.--
Edited by --B.G.-- on 02/09/2010 21:34:23 MST.
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