One thing for photographers to be mindful of is accidentally infringing another's copyrighted work.
If you photograph a creative piece of art under copyright and it is the main subject of your image then you may inadvertantly be infringing another’s copyright.
What Does This Mean For Digital Photographers?
In a nutshell - be aware, protect yourself and assess the risks.
Yes, your copyright is protected by law online as in the real world. But once you publish an image online, it is "out there" in the cyberspace for others to enjoy, share, comment on, use and inevitably, human nature being what it is, potentially misuse.
You of course stand to benefit from exposure, kudos and social media "likes", but at the expense of a certain loss of control over your image once it enters the public domain. That is unavoidable and to a certain degree that risk has to be accepted as an "occupational hazard".
There are of course sensible precautions you can and should take to protect your images and copyright.
Check Websites' T's and C's
Firstly DO spare the few moments it takes to check the terms and conditions on any internet, image sharing or social media website when you join before you start posting images and check back periodically as terms do change and get updated.
Quite a few have surprisingly unfavourable copyright terms and conditions for photographers that at the very least enable them to make your images available for others to use, without your prior permission or notice.
The worst might even attempt to assign your copyright over to themselves which would leave defamation or privacy laws your only recourse in a dispute if your image were then to be used in a way you don't like.
Whatever you do, DON’T surrender or give your copyright away, this undermines the value of you time and effort and photography as a creative genre.
Thankfully following a backlash by many photographers against unfavourable terms of use, several of the more established sites have recently been improving their terms.
Will "watermarking" my image give me more protection?
In the UK despite misconceptions you don’t have to watermark your image to assert your copyright as its creator, that said, it is a good idea to do so in order to ensure that people are clear that copyright exists on the image and that they know who to contact to obtain permission.
So it is worth copyright marking your work, but not excessively, heavy watermarks often destroy enjoyment of images and in reality don't prevent determined thieves as these days clever software programs exist that can completely remove watermarks.
Enforcing Copyright
With the internet now established as part of everyday life and being accessed on tablets, smart phones outside the home, it's now easier than ever to republish copyrighted works. So it is not surprising that copyright breach cases have risen so dramatically, but if you are caught using an image without permission and infringing another's copyright there could be serious financial and legal consequences.
On social media there is a growing backlash by photographers who have fallen foul of image theft rallying against the misattribution of other photographer's work.
With perpetrators now being more easy to track down through image search an increasing number of culprits are being brought to task and "named and shamed" publicly as well as receiving lifetime bans from sites.
Some of the big photo libraries have been using reverse image searches to track down illegal usage of their photos and are retrospectively billing the web designers.
As technology continues to advance and laws and policies start to catch up with technology, people who think copyright infringement will not be detected are increasingly likely to get a nasty surprise. The internet is now far less anonymous than you might think, with cookies embedded almost ubiquitously, in many respects individuals' activities online are tracked far more extensively online than they can be in real life. So infringers do run a genuine and increasing risk of being discovered, shamed and potentially even being pursued through the courts as a consequence.
Hopefully the situation for photographers will continue to improve as awareness of the issues around data, copyright and image theft continues to grow, and bad behaviour of all kinds on the internet becomes increasingly socially unacceptable.
Further Information And Disclaimer
While this article is written in good faith, I am not a lawyer cannot guarantee 100% factual accuracy and this does not constitute any sort of legal guidance. If you are in a copyright dispute it is best to seek qualified advice.
If you are interested in the topics explored by this article here are some of the resources that are available:
The UK Government's Intellectual Property and Copyright Law Website
A helpful plain English IPO Factsheet called "Copyright Notice: digital images, photographs and the internet" (Number: 1/2014 Updated: March 2014)
www.stopstealingphotos.com - one photographer's battle to challenge image theft got them bullied and temporarily barred from Facebook.
A plagiarism today article on Facebook and Copyright following one victims experience and how Facebook staff were themselves unaware of copyright rules.
Facebook – search for photo stealers