I'm an amateur photographer and I took photos for someone. They stole them, and then duplicated others, but?

Question

they or their child is the person in my photos.... I need to know if I can legally call them out over it. we are both photographers in the same town and I let it go when I took photos of her daughter and edited them and she posted them, claiming them as her work. we got into it when she saw I had the same photos on my blog (which she'd given me permission when I let her live in my house for 5 months free of charge) and demanded I take them down, not because she wanted privacy for her daughter (after all ,she is in the same town, advertises on the same local sites, and has the photos PUBLIC on several forums), but because I took the photos and she did not want anyone to know that. After a squabble, we agreed to both take the photos down.

However, I also took couples' photos for her during this 5 months. she was separated from her husband and dating someone else and I took their photos. eventually, about 3 weeks later, she got back with her husband, so supposedly those photos are never to see the light of day. which, I understand, out of respect for their marriage and for my friend - him, the man she dumped, not her - but then I went to her page again to make sure she is not still claiming my work as her own and I saw that she had done a session JUST LIKE mine for her. There were several shots that were EXACT duplicates of the photos I'd taken for her. Same spot, up against the SAME POST of a pier. They were sunset photos kind of and she stole several and also she duplicated one that looks A LOT like a photo I took recently of my now current roommate (who she knows). So, I'm very miffed that she is stealing my work and it would be fine, if I were allowed to post my own work and people could see that she was in the wrong, but she is stealing my ideas, to a T, and making sure that, by revoking her permission, I cannot even post the ones I took contradicting her.

Is there anything I can do? I want to know about copyright laws. I am the photographer, i took the photos on a public beach, I had her full permission, she told me I could post them "in a few months" when her divorce was final, but after this man deployed, she went back to her husband, so that means... I can never post them? I'm worried about the rest of my work being stolen by her. apparently she has no scruples about taking my work, she has done it twice, once literally, once making a duplicate (or several). Is it legal for me to post the photos on my blog or facebook page advertising my work? Would it be legal if I blacked out their faces? thank you I live in North Carolina if it makes a difference.

Answer 1

Regarding images which YOU took and she stole - you own the copyright to those & can issue her with a take down notice & pursue legally if you so wish, as long as you have the originals and are prepared to put some effort & money into it (that's up to you). You can display any photos YOU took as long as they are for self promotion or editorial purposes - you do not need a release form or her permission.



Regarding images which SHE took, which just duplicated your ideas, nothing you can do about that, practically - the photos are hers to do with as she likes. Copying your style & ideas is not an offence (except in very limited special circumstances). Needless to say, you cannot steal HER images & post them as examples of YOUR work - that would be as bad as what she is doing.



Block her on FB and tell your husband not to invite her to anything else.

Answer 2

I was all prepared to write about copyright laws until I read your question in detail.



She took photos that are similar to yours. However, that is not the same as stealing your photo. Just because they are similar does not legally make it copyright infringement.



Because she is taking her own photos, what she is doing is perfectly legal. People do that all the time. How many people line up at Sentinel Bridge in Yosemite every afternoon to get the same shot that Ansel Adams did back in the 60's. That is not illegal.





You can also legally post photos you took of her. You do not need permission to post photos on your own website or a social networking site. You only need permission if you are going to use photos of a third party in an advertisement. A blog or Facebook page is not considered an "advertisement." The U.S. Federal courts have decided that those are considered editorial use that is protected by the 1st Amendment.

Answer 3

Forget about these photos. Yes, you took them, you own the copyright, but so what? This is an example of something that is not worth the fight. Did she sign a release for any of these? Are you willing to hire an attorney and take her to court? I doubt she has the money to pay a judgment and attorneys fees.



What you do instead: Be a pro. Get a models, get signed releases from them, and make a new portfolio. If she has any of your gear, go get it.



Don't give her access to any more of your work, or your home. Change the locks/passwords, cut off her remote access, whatever. Just see to it she can't get your stuff anymore.



Cut her off. Do not speak to her, recognize her in public, otherwise indicate you are aware of or care about her existence.



Yeah, she's used a few of your pix to advertise her work. So some poor fool will hire her, and she won't be able to do the work. Let her blow off her own feet.



EDIT: You sound like 5th graders at the schoolyard. Tell your husband she's NOT invited to the party, then call her and inform her of same. If she shows up, put her out. Defriend or block her on facebook so she can't bother you. If she persists by using fake id's, contact facebook. Get a restraining order if you have to, but get this woman out of your life. She can only take advantage of you if you let her. Stop playing the game.

Answer 4

These pictures are taken with a Macro lens (on an SLR or a D-SLR) or you could achieve half of that with the macro function of most Digital Compact cameras. Or you could use extension tubes on your normal lenses of a SLR or a D-SLR to achieve this. Though I must advice in using a good tripod and a remote trigger/cable trigger, to take close ups like these. These are to avoid having camera shakes in your photos (blurry pictures). For an amateur photographer I would advice in investing on a good D-SLR with a high pixel capture. Something above the 8MegaPixel range (and shooting at it's highest setting). Which you can still do some cropping (in the computer) without effecting the quality of the photo. Though many pro-photographers will advice you against doing just that and taking the photos as it is. It depends on how far you want to push your photography to and there are lots of information online on just how to improve your photography (and there are loads of Adobe Photoshop lessons online which are free). Or you can just enroll into a photographic society/club nearest to you and learn more from the classes they offer. Some will even offer some photoshop lessons. Have fun.

Answer 5

1) the photos are yours legally - you took, therefore you have the copyright... UNLESS you gave away the original photos, then you have to prove you were the photographer...



2) you never give someone else the original photos... you give them low resolution copies...



so it is all down to your word against theirs...



[edit - again, it is your word against hers... and that is going to be difficult to prove... next time, don't let other people on your computer or password lock EVERYTHING... a valuable learning experience...]