Photos by Sydney photographer Daniel Boud
You may have noticed i’ve started to put a watermark with my name and website on the images i post to Boudist. In the past i’ve looked at people who do this and thought it rather arrogant, it spoils the photo by distracting from the subject for the sake of the photographers ego. It’s something i’ve held off against for several years of posting my photos online.
So why did i start?
The first reason is Myspace.
Take a look at this capture of part of my web statistics for January this year.
What that shows is that in one month 268 people visited my site after clicking a link from Myspace. On the other hand my images were loaded 85464 times, embedded on a myspace page. So images of mine were viewed on Myspace over 85000 times in one month. That’s not images i’ve posted myself, but people inserting my photos on their own profile page.
I don’t have a problem with this per se, i get enjoyment from my photos seeing a wide audience, and i’m flattered people think they’re worth posting on their page. I like it when i see people using a photo i’ve taken of them as their profile image. But the problem is there’s no credit or link back to my site each time that image is used. They use my photo, take my bandwidth and i get no credit.
I’ve always known that as soon as you post something on the internet you can’t be too precious about who pinches it and uses it elsewhere. But the number of people doing that on myspace has gotten rather ridiculous – so i’ve taken to watermarking in recognition that people simply aren’t going to add their own credit if they use it without asking.
The second reason relates to this:
That’s a page from a January issue NME. The photo in the bottom left of The Vines is one of mine, it’s used without credit and i never heard from the magazine before or after its publication.
While i’m really chuffed to have a photo in NME, arguably the worlds most influential music magazine, it’s not kosher for them to use my photo without credit or permission.
If i’d watermarked the image it probably would have stopped them using the photo without seeking permission first.
A third, though minor reason i’ve begun watermarking is that technically it’s became easier. Since switching from iPhoto to iView Media Pro to manage my photos adding watermarks is a breeze.
So there’s my defense your honour – i agree the watermark is a blight, but it seems well overdue.
I don’t think you have anything to explain Dan, I really don’t blame you.
The NME thing is bollocks though, there is no excuse for that. Are you pursuing them over it?
All sounds fair to me.
Another option would be an anti-leeching script: http://www.alistapart.com/articles/hotlinking/
Did you approach NME about using your images?
Yet another reason the NME sucks. I’d go after them Dan. At least send an email and seek out some sort of apology as that is just lame.
Enquiries have been made with NME via someone i know who writes for them. Still haven’t heard anything back yet. I don’t want to be all gung ho about it with them as i’d like opportunities to publish my stuff with them in the future.
Matt – thanks for the link. I’ve considered turning on the server setting that would prevent the images loading if they’re on another site, but decided against it. Among the reasons is that i think if i do block it, people may end up downloading my image, putting it on their own server, and i’d be none the wiser. At least if they do it the way they do now i can monitor it. Plus i have a fairly healthy bandwidth limit.
it is a tough one init. we all want to get our pics in as many places as possible – and we are pretty sure that we will not get money for the pics – but would be nice to get a credit…
i read a guys comments on flickr saying that he will only put images up that are about 700px wide as they will not be high enough quality for mags to print….
not happy jan!
I wonder if you could tweak the ALA hotlinking script to serve a watermarked image only if the referring page is offsite.
Actually, I prefer that you’ve started watermarking your pics. Makes it easier for me to remember where I got it from. I’ve got a lot of pictures from the net saved and i’ve got into the habit of putting the webpage/photographer name in the file name when saving – so I can remember where I got it from…..and incase I want to revisit the place I got it from.
I don’t think it’s arrogant at all Dan. It’s a non-distracting little watermark in the corner you have there. I think we’ll survive!
P.S. Loved your BDO pics. They were the best i’d seen of the event. The sore arm was worth it!
Vix
I’m not surprised NME hasn’t responded when you have not approached them directly. I think they will only take notice if you send them a legal letter. If you don’t have a friendly lawyer at hand – ask for one through your blog to help you write one (for free).
If not ask your viewers to boycott them – with your hit rate – they should listen
The whole thing really is something for which I only dream there will be “a third way” one day. I’ve had a real softening of my attitude towards copyright over the last few months, I wrote about it here:
http://www.marxandmarzipan.com/2005/11/25/free-your-mind/
My default position now is “do nothing”. But, I also think that what you’ve done here is spot on.
And shame on NME. Just goes to show though that it really is still the wild west out there. Good luck with turning this incident to your advantage – that’s definitely the right approach.
Wasn’t there a girl on flickr recently who threatened legal action against the UK Ticketmaster for using one of her copyrighted images?
Regarding NME, using your friend is probably the best bet but if that fails, sending them a friendly legal letter is probably the next step. Maybe an arbitration will result in “Okay Dan let’s make a deal. You take photos for us, we pay you, end of story”.
Re: the watermarks. Yeah definitely keep them when posting on your site. And I’ll pretty sure you could set some actions in Photoshop to batch watermark your images. But I guess iView Media Pro is even simplier.
Dansys – in theory it would possible to watermark the image in that script, after all PHP has an image manipulation library.
Dan – just out of curiosity how do you license your images? Is it just standard copyright or do you use a Creative Commons license that allows reuse but not commercial use?
I am surprised NME hasn’t got back to you. One time a university publication used my photos, I gave them a call and in the end they paid me money – the one only time I’ve made money from photography.
no apologies required, just a tutorial…
can you teach me how to watermark please?
Sucks when your photos are used without credit… even lowly super amateurs like me get our photos nicked by publications and websites
I certainly owe you an apology Mr B, given I used one of the pics you took in NY in a post recently and failed to give credit where credit is due.
I shall rectify while grovellingly begging your forgiveness.
*slinks off*
I don’t think you should be apologising – but be receiving an apology. Stealing is bad!
Thanks for all the comments folks.
Like i said in my previous comment, i don’t intend to boycott or get legalities involved with the NME thing. It’s bad form, but i’m sure we can sort it out like gentlemen.
James – i think the Ticketmaster case you’re referring to might be this.
Matt – in Flickr and on my site all my content is covered by standard copyright. I haven’t used Creative Commons, though i’m not opposed to the idea for some stuff.
Morgan – no need to grovel, but ta for the credit.
Portek – the way i add the watermark is pretty easy – i created a .tiff file with my credit on and a transparent background. Then any time i export photos from iView it automatically adds the watermark wherever i like.
There’s plenty of tutorials online covering how to do it. Try googling it.
Good for you Daniel!
Obviously your photos are very desirable, which I guess is very flattering if it weren’t for the bad taste left in one’s mouth after having these images so blatantly “borrowed”. It’s a shame that we have to start looking at technical ways to block this from happening rather than create an environment of good will with regards to the use of people’s creative property.
A simple photo credit is not too much to ask!
Thanks for sharing your great work..
I was actually wondering why you hadn’t done it earlier…
Just the other day I found my photo of Steve Parkin being used to promote a gig of his on some music website. No credit but I have yet to be published with a credit *grumble*
Not that it surprises me so much on a music website.
I think it’s more that I like to know when a photo will be used so that I can then feel all special about it. Heh.
myspace is the absolute worst.
they eat my bandwidth.
i cant tell you the number of photos of mine ive found there. many of which were blantantly making out as if theyd taken them.
one guy had a coldplay photo of mine and said it was taken at a gig in england somewhere. it was the freakin Hordern!
Fair enough. Credit where credit’s due. Hope you can sort out the NME thing. Cafepress’ site amazes me. If you copy a photo, when you paste it is appears clear. Clever. I found that out one time trying to show someone something I’d bought. I’d never seen that before.
The same thing happened to us at work. I was checking the stats and wondered why a blog was up in the top 5 hits. When I looked at the blog they were using one of our images.
myspace leeches = BOOOOO! why doesnt someone teach those 14 year olds to load images on their OWN servers. horrible. and that’s a bummer about the NME bit. let me know if you want to contact someone directly.
I’ve had the same problem on MySpace. There was an instance where a couple of my photos were taken and put on someone’s profile page without credit. I’m quite flattered someone thought they were good enough to use on their profile but if I were a professional photographer, I would definitely be watermarking the images.
For what it’s worth, over the past year or more, the only photo I can think of that I’ve posted by anyone other than me (or Deborah) has been one of yours. I gave credit because credit was due. Your photos kick ass, and they just jeep getting better and better. If there’s ever an occasion for me to use another one, I’ll proudly post it with the watermark. “This is by Daniel. I know that guy!”
You’re far too kind Jamie. Thanks. If you ever wanted to use one of my photos i’d be more than happy to provide an unwatermarked version.
You’re too nice Dan. When a magazine celebratig artistic expression doesn’t give you credit for a photo, that’s just shit. Even if you send a letter by certified mail or whatever will require them to sign it that is legal and that would be enough to get a response. It can be friendly, just make sure somebody has to sign for it at the magazine.
hey hey
love ya work
know the feeling of non recognition but it works for some…etc
im a designer currently in adelaide… was living in palm beach/ dark gully, north coast, just starting my clothing label and i need a website too!
would love to chat more… music being my #1 inspiration of my ‘body’ of work
catch ya, d.
my label is amateurfauxpasfacade
e-mail… amateurfacade@hotmail.com