Copyright infringement of digital photos differs in important ways from infringement in the markets of  music and movies. 

Opportunities for photo infringement are numerous as an infringer need not actively log into a peer-to-peer file-sharing network to infringe; one need only right-click an image found via an online search. 

It is very interesting that some infringers are unaware of the fact that they are breaching someone’s rights, or that they have any legal obligation to pay for the use of a photo. Even if they do know that they have to pay, they don’t know how much and to whom. The second fact is that infringers are typically unaware of an image’s price at the time of infringement.

While some might advocate that it’s impossible to completely prevent digital photo infringement, there are ways to protect your photos and prevent or revert their unauthorised use. 

We have picked the top five most effective things you can do to retain full control of your work – and make sure you get fairly paid.

1. Get proof of ownership by registering your copyright

When you create an original work, you are automatically granted copyright of that work, which means you can decide how it is used and distributed. 

Even though it is not mandatory, copyright registration provides valuable legal protection. It makes it easier for other people to find your protected material, and also helps you  assert your legal rights by providing date stamped evidence of the exact or approximate creation date. It can help you mitigate the risk of expensive and timely litigation, whether you are a claimant or a defendant, as you have proof of ownership. Registration is essential if you ever find yourself filing or defending an infringement lawsuit and recommended for businesses and individuals alike, who wish to protect the inherent value of their work.

Read more about the importance of copyright registration explained by General corporate lawyer Harender Branch, from UK law firm Branch Austin.

2. Use a copyright notice

Displaying a copyright notice, such as ‘© All Rights Reserved,’ has not been a legal requirement in the US since 1989. It does, however, clearly identify you as the copyright holder, thereby decreasing the likelihood it will be used without authorization and bolstering legal evidence in the case that it is.

If your photo is used online without your consent, you can assume that the user knew that the photo was copyrighted. This is a very good example of how a copyright notice can help as evidence of ownership in case of legal dispute.

3. Watermark your work

A watermark is a very prominent way of protecting your work and showing evidence of copyright ownership but unfortunately not one you can fully trust. Watermarks can be removed with a series of photo editing software and apps. 

The best method to apply watermarks is that of randomised digital watermarking. This method is based on constantly changing the watermarks’ shape and design before being applied on your photo. While it is effective it enhances an already existing challenge with watermarks which is the final design. With randomised digital watermarking, you can’t have any control over the final result and its effects on your photo. 

4. Digital sign all your photos

A very good way to have a proof of ownership is by digitally signing all of your photos. If you use this method, you can control the final outcome of your photo since it does not affect the visual of your work. In simple words, a digital signature is a photo attribute that’s not visible on your photo, until someone downloads the file. 

Upon downloading it, the user has to either not use the photo or remove the signature by cropping it out. This is a very strong evidence of photo infringement as the user intentionally breaches copyright when cropping your signature out of the photo. 

5. Use an active protection & monitoring service

While all the ways described above could work, they require your time and energy and they still don’t cover one big need. Knowing who is using your work without your consent. The web is vast and you can’t always know who is infringing your right. 

Using a copyright protection and monitoring service, such as the one offered by CopyrightsWolrd, can make the protection of your rights much easier and efficient. When you upload your file you obtain indisputable evidence of copyright ownership in your email. Then with a simple click, you can add your files for infringement monitoring and receive reports when your rights are breached. 

This way you can be certain that your rights as a creator are protected and spend more time creating more of work than worrying about how to protect it. 

Conclusion 

Photo theft is a cruel reality enabled by the technology we all hold in our hands every day and while it can be hard to eliminate it, we can find new ways to protect our intellectual property by deterrenting potential attempts or acting on the ones that have already happened. 

#1 Ideas can be copyright protected.

Ideas may be the most important part of being creative, but they can’t be “stolen” as they technically don’t belong to anyone. That’s the reason why they also can’t be copyright-protected. By “ideas,” I don’t mean patent ideas and inventions, of course, which also can’t be copyright protected. 

They can be trademarked and registered as patents. Either way, I think you know where I’m going with this: Many people can work on the same idea, and produce a totally different result. An idea can’t be copyright protected because it doesn’t mean much unless you put the work into making it a reality. An idea needs to become “tangible” for it to be copyright protected. 

The Pareto rule of 20/80 suggests that it’s 20% idea and 80% execution, and if you take a moment and think about it you’ll see that it’s true for you as well. 

An idea is conceived at the speed of light, yet an artist puts hours, days, and months into making that idea a reality. It is work and energy that make a creation significant – not the idea. 

Furthermore, the idea that inspires an artist to create a work of art can be dull or seem insignificant to others. 

We all have an unreasonable fear of sharing ideas and having them stolen. As far as I’m concerned, that actually limits creativity – and does not enhance it. 

#2 Copyright is automatic, so why register? 

Copyright is indeed “automatic”, but copyright registration is not. According to the Berne Convention, the legal framework that governs copyright globally, copyright is awarded automatically when a work is created after significant mental activity. 

However, the beneficiary of the work is the person who has the strongest and earliest proof of ownership of it. 

That’s exactly why registering a copyright is so important. It generates evidence about who the owner of the copyright is and when this copyright was claimed. 

Therefore, while timing is important, the proof of copyright also needs to be indisputable. Without registration, there is no evidence that can stand in a court of law when disputing ownership. 

#3 Copyright registration is useless, I’ve never used it in my life. 

Copyright registration is only “useless” if a creator considers their art a hobby. If they want to make a living, copyright registration is not only useful but necessary. It’s their ticket to generating revenue from their intellectual property. 

Having proof of copyright ownership over a creation allows an artist to claim damages in case of infringement, and perhaps most importantly, allows them to license their work – or even sell rights to it. 

An artist can own the copyright, but might not own the evidence of this ownership. When two artists claim to both own the copyright of a certain creation it will be one’s word against the other. 

And what happens when two people co-create a work of art, which then becomes famous? 

In the beginning, both are happy for the collaboration and proud of the work they created. They’re not thinking about what will happen if their work becomes a source of revenue for them. 

The story often ends in disagreement, lawsuits, and debates that take time, and are usually settled with compensation – and a significant amount in legal fees. 

All because there was no proof of copyright stating who the owner or co-owner is, and to what extent. 

#4 Copyright registration by sending it via mail or email to oneself. 

Sending yourself proof of ownership for your creation in a self-addressed envelope (or via email) is a way to gather evidence. It’s known as “poor man’s copyright,” as it’s very cheap. However, it’s also very weak, as it can easily be hacked and manipulated. 

The best way to acquire indisputable proof – if you don’t want to involve your lawyer –  is to trust a service like CopyrightsWorld, which has the technology to provide proof easily and reliably. 

Our platform uses blockchain technology to generate a Certificate of Ownership – an indisputable proof of ownership – allowing a creator to claim damages in case of infringement, or generate revenue by licensing rights. 

#5 Copyright registration is expensive and time-consuming. 

This claim was relevant some time ago. Copyright registration required a long bureaucratic process and a lot of paperwork needing to be filled. Less savvy people couldn’t even do it alone. 

This made the use of a lawyer – or a legal representative – necessary, adding significant cost to the process. 

It is not true anymore, and especially for digitally-created work. Furthermore, there are many very credible copyright registration providers out there that can provide you with a proof of ownership in minutes – and at a very affordable cost. 

We take pride in being one of those providers. We also go one step further, however. While we provide indisputable proof of ownership in just minutes, we can also help you monitor who uses your work, leading to possible revenue opportunities. 

To conclude, it’s very important for all creators to become more aware of their rights, find the most suitable ways to protect their work, and be able to make a living from it. 

To do so, they need to educate themselves further, believe in the value of their work, and take actions to protect their intellectual property. 

The digital era has come to provide opportunities to do this easily, reliably, and affordably. 

Bio 

Georgia is a digital marketing professional who has worked in content marketing for the past 8 years. Seeing copyright infringement take place in digital content, over the years, made her decide to join CopyrightsWorld – a platform that provides services for copyright registration, digital asset protection, and infringement monitoring – and work on offering creators ways to protect their works in the digital era. 

Sources: 

1. Different brain structures associated with artistic and scientific creativity: a voxel-based morphometry study,  https://www.nature.com/articles/srep42911