When It's Not Infringment
Now let's just quickly do a run through of when it's not infringement so what the hell is very used? Fair use is a pretty complicated doctrine that there are a lot of lawyers who don't even understand what it means but basically if a use of a copyrighted work is not infringement probably because it's considered fair use which means that you're using it for one of these fair use purposes and the fair use purposes are criticism commentary news reporting teaching like in a classroom setting scholarship or research if your if your photos are used in sort of this type of scenario, then it may not be infringing on your copyright it may fall under fair use, but I have to say more times than not if someone's using your photos and shouldn't be and they're not using it in a teaching setting or using it as a way to say here's my commentary or constructive criticism of this photo think of it like a book review right? If I you know wanted to write a review of gone girl I can do that on my block wit...
hout infringing on the author's copyright but let's say if I gave away the ending you know to gone girl which it's a mystery and the whole point is to read it to find out what the end is that might mess with the sales of this book and so then that might be considered copyright infringement and not fair use so it's very nuance and unfortunately the on ly way to find out whether it's actually fair use or not is to go to court this is basically a test that court used to determine whether something is fair use or not ok so that's why in most cases it's ideal on what I always tell my clients is make sure you get permission if at all possible which means that likewise people should be getting your permission before they use your photos a cz a general rule so these are just some of the factors that the courts are looking at the purpose and character of the eu's so like I said am I you know commenting on my sort of review and thoughts on the book or am I taking large ports of the book and trying to pass it off as my own work the nature of the copy written righted work a big part of that is whether it's published or unpublished copyright law feels very strongly that an artist should be able to decide how their work is shared with the world which means that you know if it's unpublished then you know a lot of times it's not going to be considered fair use because the author themselves of the work should have the right to decide how it shared with the world and how it sort of launched to the world thehe mountain substantiality of the stolen portions are they're stealing the whole thing or a small portion of it and that sort of gonna have an effect on dh the effect of the eu's upon the potential market where the value of the work now that's the most important part so if you know someone's takes your photo, passes it off as their own and is trying to make money from it or sell it then that's most you know definitely not going to be fair used because they're preventing you from making money with work so that's that's not fair you so that's just a quick primer on dso you know one thing I want to make sure you understand is always to provide purchase instructions tio people on your website or however you do business wherever your people may encounter your work make sure they understand how to purchase or license your photos if you do that then a lot of people will choose to become a customer instead of becoming a thief right it's stealing your work so you know one of the ways you can do this like I said you could set up assist a stock photography system with your photos or you could simply create a page on your website that says, you know, purchasing you know want to purchase my photos or you know licensing instructions and give them information if you if you have prices set up a priceless and put it right there or just give them instructions here's you know how you can go about licensing or purchasing this photo assume that people want to use your work okay? This is a very visual world we're in now right there all the marketing is all about visual s so this is a great opportunity for you for you to use this as a way to generate revenue for your business so I'd make it super super easy for potential customers to learn howto purchase your work and for example, if you do a block post you might have a block post with several of your photos you could just have a note under each one that says one of purchase this photo wanna license this photo, click here and they can click and get instruction so make your copyright protection part of your business process you know? And I hope I've given you some examples of how to do that throughout the class today but protecting your I p is actually good for business. So it's a way for you to think about everything that you do in your business through the lens of intellectual property and decide all right what's my system what's my process for doing these things to make sure I'm preserving my rights and my I p and that I'm able to generate revenue from it so you know now you know uh, you know that you have to have a solid contract with your clients and subjects, so that means a client service agreement and a model release you also know that you need to register the copyright for your photos. That's another thing, you know? No and you now have an action plan for dealing with infringers so you're in a really great place you're a really strong place, tio protect your intellectual property, okay, you're empowered now you have the knowledge you have the tools to make that happen on dh. Like I said, one of the things I want to make sure you know is that all the clauses that I shared with you today from the client service agreement are things that you can totally use its, you know, available for you were actually going tio make it, you know, turn it into a word document, make it easy for you to download and you could just cut and paste them and customize them for your business. Ok? And, you know, I'll just leave you with this powerful quote that I really love being good in business is the most fascinating kind of art making money is art and working is art and good business is the best art that's how I want you to think about it, you're an artist and the way you run your businesses also a method of art, right. So now you're empowered with the tools to run your business in a way that protects your art. I don't think it's something that you can't do because you're creative, you're an artist, and you don't do the business thing. You do do that business thing, okay, now you d'oh, because you know the steps that you need to take, and you know exactly how to take them. So thank you so much for joining me here today. I'm so glad that I had the opportunity. Tio, just teach you a little bit about intellectual property and how to protect it in your business. And I hope that you go forth and have a strong and prosperous photography business.
Whether you photograph weddings, capture senior portraits, or shoot high-fashion images, understanding key concepts like intellectual property, copyright, and trademarks is an essential part of succeeding a working photographer.
Join Rachel Rodgers to explore the core concepts of intellectual property that every photographer should know. You’ll learn when and why you need model releases. You’ll also learn how to create client service agreements that protect your best interests. Rachel will also guide you through common infringement issues many photographers face.
The skills you learn in this course will enable to you to be your own best advocate, and both defend and profit from your images.