Underwater Images - are they being stolen?
The other day I was doing a search on twitter for "underwater photography", and I noticed something interesting. The most popular results were for titles like "10 amazing underwater photos", "50 best underwater photographs", and "20 stunning underwater images".
The reason that they were popular was because people quickly "retweeted them", which means they passed on the link to their twitter followers.
Now twitter only gives results for the past few days, so if you do this search today you may see different results, but I think you know what I'm talking about. This is not only particular to underwater images, it happens with all images.
After checking the links, I made the following observations:
- Most people who passed on these links were not in the photography or the underwater industry
- Although many of the images were good, they were usually not what I would consider the "Best" images, although they would generally be considered beautiful to the average person.
- They always appeared on blogs that had heavy advertising, often in countries known for lax copyright enforcement. These blogs were clearly not for "non-commercial" use - their sole goal was to make money via advertising or selling a product.
- It was not clear if the blogger got permission to post the images from the photographer. My guess is they didn't, but I can't be sure.
- Often, but not always, the images were from Flickr, where people said images could be used only for "non-commercial" use, or they had all rights reserved.
- One United States based web-magazine did make sure they only used photos from Flickr that used the "creative commons" license, and they gave proper attribution. But they seemed to be the exception, not the rule.
So what does everyone else thing about this? Is it considered stealing the images for the blog's benefit? Or is it an acceptable and legal use of the images?
If your image was used without permission, would you feel honored, or would you feel it was copyright infringement?
I look forward to hearing your thoughts in the comments below.
Here's a couple examples:
http://creativefan.com/25-breathtaking-underwater-photographs/
http://naldzgraphics.net/inspirations/showcase-of-excellent-underwater-photography/
I was not sure whether I should post these links, but I knew that people would want to see examples. These links are no-followed so they are not getting any SEO benefit. I'm not claiming that these blogs are doing anything wrong, but they might be - I want to see what you think.



Comments
More than once I have found
More than once I have found my photographs on websites, usually European and South American travel pages that advertise links to sites. There is now way or enough time to really find out how much or often this could be happening.
Is it right? Most cases not. Can it be stopped? If you post photos on the internet this is what you should expect, unfortunately.
Could be that a watermark would at least keep the internet scavengers for re-using the original photo for their purposes.
Scott, I did exactly the same
Scott, I did exactly the same search a couple of weeks ago and was also a little shocked. While I appreciate people want images to accompany their blogs they need to understand that it costs others time and money to take these photos. That leaves aside talent, training, equipment, etc. Many people have blogs these days that are designed to make them money. I would suggest 'share the love' if it is a commerically orientated blog that has affiliate links, adverts, etc. These bloggers would not appreciate if their copy was plagiarised by another blogger so why do it to a photographer?
http://www.xantherivett.com
I've struggled with this as
I've struggled with this as well. I haven't been in that situation before, but now that I'm posting on Flickr (which makes it easy to link to/download and not just on my protected photo site, it is more likely. What exactly is considered editorial 'fair use' for photographs? I know there are copyright laws allowing use of portions of books, movies, tv clips without paying.. does that apply to photographs as long as it is non-commercial?
Scott
http://underpressurephoto.com
I would at LEAST appreciate
I would at LEAST appreciate being recognized in the publication. With the exception of facebook, I post my images on a site that makes downloading/saving my images difficult, therefore avoiding the issue altogether.
[size=85]Michael Zeigler
Editor - Underwater Photography Guide
[url]http://www.uwphotographyguide.com[/url]
[url]http://www.seainfocus.com[/url][/size]
May I make a comment here, as
May I make a comment here, as a non-photographer/diver/blogger, who uses much of Scott's great work--WITH his permission? While I completely understand photographer's concerns regarding copyright violations and non-permission use, especially when you're trying to make a living at it. However, from the point of view of a regular blogger, I find it's increasingly difficult to find non-copyrighted images of certain things. Such as: a whale breaching. Ever tried to find a non-copyrighted image of that to post somewhere? You can't do it. While they're ARE 'free use' and 'Creative Commons' licensing websites, in general, the photo quality is not as high and the variety tends to be limited to so-called 'stock footage.' So, while the livelihoods and copyrights of professional photographers MUST be respected, it would be nice if there were more sources available to bloggers, to access high quality images without paying royalties each time they want a photo of a whale. Just my two cents. Thanks! Mike Bear 'Rapture of the Deep'
Mike - I just found 855
Mike - I just found 855 photos of a whale breaching that you can use on your blog - all will allow it, but for non-commercial use only with attribution, which your blog would seem to fit Some of them are of excellent quality! did you know about the Flickr advanced search feature?
http://www.flickr.com/search/?q=whale+breaching&l=cc&ss=0&ct=0&mt=all&w=all&adv=1
Scott Gietler Owner/Editor, Underwater Photography Guide & Bluewater Photo http://www.uwphotographyguide.com
http://www.bluewaterphotostore.com
855? Wow! Thanks, Scott--I
855? Wow! Thanks, Scott--I only need one! :)
But, that's great.....your google search must be better than mine!
I'll check it out--thanks again!
Also, is this the way to leave my blog URL? I filled in the Signature section. Hope I did it right....lemme know if I didn't.
"Never think you can master the ocean.....strive rather to master yourself."
I'd feel copyright
I'd feel copyright infringement :( I try not to retweet the ones with no proper attribution.
But would even proper
But would even proper attribution make it ethical, or legal? It clearly would for photographs where the owner has agreed to the creative commons license on Flickr for all use (not just non-commerical), but for many of these photos I've seen that is simply not the case.
Scott Gietler Owner/Editor, Underwater Photography Guide & Bluewater Photo http://www.uwphotographyguide.com
http://www.bluewaterphotostore.com
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