So, I just ran across a very troubling situation, and I am not really sure how to respond. I already have a feeling in my gut, but I wanted to solicit some additional opinions first. And please...I am certainly opening this one to argument as I am in need of a good opinion one way or the other.
For the last eight months I have volunteered my services with my local Habitat for Humanity affiliate, Habitat for Humanity of Horry County. In fast, just last week I posted a slew of photos I had taken at their construction site. Although I often harp on about not giving photos away for free, I do not feel this applies to non-profit organizations. Habitat for Humanity is my favorite charity and I love being able to provide photos for their website, Facebook, newsletters, and advertisements that they would otherwise have gone without.
Today I ran into an issue. I was helping someone at the Habitat office work in their latest newsletter when I noticed a photo of The Market Common in Myrtle Beach at the top. At first, I thought it was just a painting or sketch they had downloaded off the internet. But when I visited The Market Common website I realized they had actually downloaded the photo from their page, and the Habitat office intends to use that photo at the top of their latest newsletter.
So, I called the lady in charge of the newsletter to let her know that if they choose to use this photo, that is theft and copyright infringement. I let her know that if the photographer, the Market Common, or the marketing agency involved discovers this they could be sued for thousands of dollars. Her response: they were just gonna use it anyway.
Now, I am left with a problem. I want to stand on my principals as a photographer and let them know it is not right that they are stealing this photo to use in their newsletter. After all, if I found one of my photos was being used without permission by someone else, I would sue them as well. Image theft is entirely too easy these days, but it kinda makes me sick that a Habitat for Humanity office would do such a thing.
In my gut, I want to tell them that so long as they continue to steal other photographers' work and use it in their newsletters, I will no longer provide them with any photography whatsoever. In fact, I almost want to tell them they can no longer use all the photos I have shot in the past eight months. It's one thing if they were using photos and just thought it was okay like so many other people do, but for me to explain it to her and her to say she was going to use it anyway just pissed me off. Please excuse the language, but I think I'm getting even more angry as I think about it.
So, after this rather lengthy explanation, my question to everyone on the 365 Project is this: what is the best course of action as a photographer after realizing this Habitat for Humanity has stolen another photographer's work to use in their newsletter?
Well you could inform the web site that owns this photo and pass this information along to them. They might also allow a charity to use it or the might not but it's there's to decide on the level of reaction to it.
You did your education enlightenment to this editor and we can only hope that it takes root.
Email Ross! Hahaha just kidding. I agree with @highway266. You said your peace with them, and you should report it to the photographer. The issue of shooting for HFH in the future is a tough one....but being a charity doesn't make ou "good." there are other charities who don't participate in intellectual property theft.
Does the women who did the newsletter have a boss, could you go over her head to the next level in management to explain what is going on? I would also do what Ted suggested, and contact the owner of said stolen photo to let them know what happened. It's hard to believe that someone just blatantly said, I don't care, I'm using it anyway. That's just rotten of them. I think you are quite justified in your feelings. I'm assuming that Habitat, as an organization would frown on this type of activity if they knew it was going on, so maybe going over whomever you talked to, to someone higher in the org would be a way to go? Keep us updated, I'd like to hear the outcome.
I don't want to be a snitch, so I'm going to report this to the marketing agency that oversees their website. Despite Myrtle Beach being such a huge travel destination, it's actually a rather small town for the residents. Word will probably get back around pretty quickly.
And I can't really go over the woman's head because there are only five people who work in that office. It's one of those situations where they all talk about everything and everyone all the time, so going over her head would be the same as just telling her directly, which I've already done.
I just can't believe she actually said "Well, we're going to use it anyway." That was just a slap in my face as a photographer, like she was saying "Yeah, given the opportunity, I'd steal YOUR photos, too."
Habitat International is the parent organization, and they would certainly frown on something like this and probably even have policies in place addressing this situation.
By the way, the most ironic thing about this entire situation: I have about a dozen photos of The Market Common I shot myself, which I would have been happy to let them use if they had asked. But instead, they chose to steal someone elses.
Obviously I am no photographer so please take my advice with a grain of salt.
The photos that were stolen do not belong to you nor were taken by you correct?
I see nothing wrong with you standing for your ethics and telling this organization that you can no longer provide services due to their lack of morals. Unfortunately, too many people now and days would look at this situation and say nothing because it would mean less publicity for them by stopping their services. Have you contacted the photographer or company who had their photo stolen to let them know?
Yep, you have been very clear on this issue for quite some time. This is your time to stand by what you believe. I'd not give them rights to anything beyond this point. What's been done in the past cannot be undone or given back. You should put this in writing as well for documentation.
I would rather say that it is not the charity but staff member or members responsible for this. I would first go up the line with clear evidence about what constitutes infringing rights and suggest that, like you they may find the photographer is willing to allow a non-profit to use the pic and that they should approach them and ask before any such use. Maybe talk to the Chief Exec first and then if you have no joy, go to the Chair of the Board. If none of that works, then the ethics of the charity are questionable and you might want to withdraw your donations of photographic work (which probably put you into a category of highly important donor, given the high value of your work) as well as advise the photographer. I have the issue of having taken photographs for an organisation on my camera and equipment which they continue to use all of the time without my permission. Unfortunately, I parted company with them in a way which doesn't make me want to have the contact to prevent them doing this, so I have put it down to a lesson learnt. Your situation is much more negotiable.
The copyright in the USA is owned by the person who took the photo unless they signed over their rights. That being the case, I would pursue up the chain of command in HFH to make sure they do get the proper permission. Having taught in a public university, many times I have used other peoples work in my instruction, always with permission which never was denied once I asked. I would continue to work for HFH put not with this group until the theft is resolved.
I would talk to the head of the local HFH and not just the newsletter chair. I am assuming that the chair is a volunteer and may have not gone through proper training. In your chat with the head, let them know that as someone involved you noticed a potential legal issue and you would like to warn them of any potential damages that could happen.
But give them options to the solution
a) do not use
b) go take their own photo
c) get written permission to use the photo.
Let them know your goal is to protect them so that they can continue to do good work.
i would contact the photographer / company, and let them know that you will not be doing work for them if they promote theft. what is to stop them from using / selling your images?
@jasonbarnette I have nothing to add really as I think all points have been covered eloquently and everyone is singing from the same hymm sheet. I just wanted to say that I was saddened reading your discussion, especially reading about the complete lack of concern from the person in question when told of their error.
I hope you get some resolution and I will be interested to hear what you do.
I might suggest printing out some of these replies and approaching her again with them and the concept that there are a lot of people out in the world today concerned with digital thief and she might want to rethink her position as it reflects negatively on Habitat for Humanity.
Maybe you take the high road, tell them again your concerns of them using the stolen photo and offer one of yours of the same place- in exchange for photo credits in the newsletter.
I have been accused of being a "snobbish fauxtographer" more than once in my career. Use urban dictionary to look that up if you haven't seen it yet.
However, I don't think that's the case this time. A lot of you have stated exactly what I was already feeling: I'm taking the high road, standing up for photographer's rights, and letting them know what they have done is wrong.
So, here is my plan. They are sending out the April newsletter either early tomorrow or Monday, I'm not sure which. I will wait until they have actually sent the newsletter, just to give the Volunteer Coordinator, who is in charge of the newsletter, a chance to consider what I told her today and change her mind.
If that newsletter goes out with the stolen photo, I will email the Director of Habitat for Humanity of Horry County and let her know my objections. More than that, I will let her know that her Habitat affiliate has committed digital theft and copyright infringement and that it is a slap in my face as a photographer. I will rescind all rights to the photos I have shot for them over the last 8 months because even though these photos are on their website and Facebook page, I still own the copyright. I will also not shoot any further photos for this Habitat affiliate, although I will keep working as a volunteer building the homes. That won't change, because I won't let a few misguided fools endanger the chances of families getting a good home for themselves.
Depending on how the director reacts to this message, I may or may not take it further up the chain by informing Habitat for Humanity International. As a few of you said, this reflects very, very poorly on a non-profit, Christian-based organization when they steal photographer's work for a simple newsletter.
Thank all of you for your input and suggestions. I will let you know either tomorrow or early next week what has happened as this situation develops.
On a final note, a few of you suggested that I offer one of my photos of the Market Common in place of the stolen photo. I have actually offered one of those photos on many occasions and they have refused. This is more than just blind ignorance, this is almost deliberate theft.
@jasonbarnette i think that is the best bet. with luck, she might realize the dumb and get her head out of various anatomy positions it shouldn't be in.
@cchambers Actually, I seriously doubt it. Read @brumbe reply above. I gave them EXACTLY those options today along with the option of letting them use one of the dozen photos I had taken previously myself.
Her response was "Well, we're gonna use it anyway" referencing the stolen image. I mean...there is no changing her mind. Sad day for photography, photographer's rights, and non-profit charities everywhere.
@jasonbarnette yeah, a long shot, but holding out hopes for the sake of photography and photographers. i have been burnt in a similar situation, and i ended up turning down a lot of agencies down i had been donating time and work for, they had even gone as far as reselling them and having another local merchant make postcards and calendars from them, and somehow several places that were not involved in the non-profit side started making money from it. just a bit bitter and jaded from it.
@jasonbarnette@cchambers My husband & I had photos published in an advertisement in Cigar Aficionado that a cigar manufacturer stole off a website (low res at that). After many emails and phone calls, it was clear that unless we wanted to go in debt to fight the manufacturer through the legal system, our hands were tied. Yes, lesson learned to watermark and be aware of the images being placed on the Internet. Unfortunately, today's mentality is that "if it's on the Internet, it's free." It's very aggravating. Jason, good luck in getting them to stop using the photos you've already handed over to them. That will be another battle in and of itself. Hopefully, if you're forced to play the hand of going higher in the chain within that organization, she will be reprimanded. Then maybe she'll think twice before lifting random photos in the future. But, don't expect her attitude to change. It can be so discouraging and downright disappointing when situations like this arise. Good luck, Jason and stick to your guns!
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You did your education enlightenment to this editor and we can only hope that it takes root.
I don't want to be a snitch, so I'm going to report this to the marketing agency that oversees their website. Despite Myrtle Beach being such a huge travel destination, it's actually a rather small town for the residents. Word will probably get back around pretty quickly.
And I can't really go over the woman's head because there are only five people who work in that office. It's one of those situations where they all talk about everything and everyone all the time, so going over her head would be the same as just telling her directly, which I've already done.
I just can't believe she actually said "Well, we're going to use it anyway." That was just a slap in my face as a photographer, like she was saying "Yeah, given the opportunity, I'd steal YOUR photos, too."
Habitat International is the parent organization, and they would certainly frown on something like this and probably even have policies in place addressing this situation.
By the way, the most ironic thing about this entire situation: I have about a dozen photos of The Market Common I shot myself, which I would have been happy to let them use if they had asked. But instead, they chose to steal someone elses.
The photos that were stolen do not belong to you nor were taken by you correct?
I see nothing wrong with you standing for your ethics and telling this organization that you can no longer provide services due to their lack of morals. Unfortunately, too many people now and days would look at this situation and say nothing because it would mean less publicity for them by stopping their services. Have you contacted the photographer or company who had their photo stolen to let them know?
But give them options to the solution
a) do not use
b) go take their own photo
c) get written permission to use the photo.
Let them know your goal is to protect them so that they can continue to do good work.
I hope you get some resolution and I will be interested to hear what you do.
I have been accused of being a "snobbish fauxtographer" more than once in my career. Use urban dictionary to look that up if you haven't seen it yet.
However, I don't think that's the case this time. A lot of you have stated exactly what I was already feeling: I'm taking the high road, standing up for photographer's rights, and letting them know what they have done is wrong.
So, here is my plan. They are sending out the April newsletter either early tomorrow or Monday, I'm not sure which. I will wait until they have actually sent the newsletter, just to give the Volunteer Coordinator, who is in charge of the newsletter, a chance to consider what I told her today and change her mind.
If that newsletter goes out with the stolen photo, I will email the Director of Habitat for Humanity of Horry County and let her know my objections. More than that, I will let her know that her Habitat affiliate has committed digital theft and copyright infringement and that it is a slap in my face as a photographer. I will rescind all rights to the photos I have shot for them over the last 8 months because even though these photos are on their website and Facebook page, I still own the copyright. I will also not shoot any further photos for this Habitat affiliate, although I will keep working as a volunteer building the homes. That won't change, because I won't let a few misguided fools endanger the chances of families getting a good home for themselves.
Depending on how the director reacts to this message, I may or may not take it further up the chain by informing Habitat for Humanity International. As a few of you said, this reflects very, very poorly on a non-profit, Christian-based organization when they steal photographer's work for a simple newsletter.
Thank all of you for your input and suggestions. I will let you know either tomorrow or early next week what has happened as this situation develops.
On a final note, a few of you suggested that I offer one of my photos of the Market Common in place of the stolen photo. I have actually offered one of those photos on many occasions and they have refused. This is more than just blind ignorance, this is almost deliberate theft.
Her response was "Well, we're gonna use it anyway" referencing the stolen image. I mean...there is no changing her mind. Sad day for photography, photographer's rights, and non-profit charities everywhere.