by Chet Coonrod on Oct 10 at 14:46

Recently, the Quincy Herald-Whig published a story about image copyrights and featured our studio's new WebAlbum service. If you are a Whig subscriber, you can access it on their archives, but since many of our clients live outside Quincy, we asked for, and received,  permission from the Herald-Whig to reprint the story here. (After all, the story about copyright is a copyrighted story!)

Here it is:

Professional photographers are taking a closer look at what teens are publishing on the Internet and keeping a close eye on copyright infringement.

By Holly Wagner
Herald-Whig Staff Writer

Just because your parents paid plenty for those professional portraits for your graduation doesn't mean you own them.

Some users of social networking sites who posted their senior photos on their Web page are finding out the hard way about copyright infringement.

"This is a huge concern in the photography community," said Chet Coonrod, a Quincy photographer. "I have heard of other photographers very upset about people scanning pictures and putting them on MySpace."

Photographers hold the copyright to the pictures they take. This includes the right to control the making of copies.

Unauthorized use can lead to two problems, Coonrod said. The first is the loss of potential income from making prints of their images. The second, which he said is the more important to him, is the possibility of giving a false impression.

"Some look pretty bad (on the Internet) but our logo is visible," he said. "This is not a good representation of my work."

The issue of copyright infringement on photos is the same for the music and movie industry, said photographer Phil Bellis. "It's a problem we all face," he said.

The Professional Photographers of America (PPA) prosecutes when it find abuses, he said. This has mostly involved the copying of photos at retail outlets like Walgreens and Wal-Mart. "They've come down hard" on some companies, Bellis said.

"The association is trying to work to deter people from bootlegging our images," said Karrie Nozawa, in marketing and sales with Scott Nozawa Photography. "People don't realize it's illegal."

The liability for someone who scans and posts an image without the permission of the copyright holder is potentially severe, according to Al Hopper, PPA director of membership, copyright and government affairs.

The law allows the copyright holder to sue for court costs, attorney fees and statutory damages in addition to loss of income, he said. Statutory damages can range as high as $150,000 per image copied, and defending a copyright action itself can be expensive.

Hopper said he personally knows of several actions in process where a photographer is either suing or is about to sue Web site owners for the use of their images.

Nozawa said they try to educate their customers about the law. Some photographers no longer allow clients to take previews out of the studio. Nozawa isn't one of them.

"We don't go on MySpace and look who's stealing," she said. "We could prosecute if we wanted to."

Bellis said he's heard about photos he's taken showing up on his customers' Web pages.

"They don't look that great once they're on the Web," he said. "If it looks great, I guess it's a good thing," like free advertising.

"It's like stealing from the photographer," he said. "(But) what can you do about it? I have to face facts or look for another job."

Kayla Whatley, a Quincy High School senior, was of the impression that posting a graduation photo on a MySpace page "was no different than you giving them out to your family."

She's seen plenty of obviously professional portraits, including wedding photos, posted on social networking sites. "I've never heard of anyone getting in trouble for it," she said.

Brad Dunlap, who attends Clark County High School in Kahoka, Mo., was aware of the copyright law when he went to Coonrod for his senior pictures.

He wanted to be able to post his photos so friends and out-of-town relatives could see them.

Coonrod offered him a legal alternative. Dunlap was able to post an interactive link on his page that showed the photos Dunlap had purchased. One portrait was large, and the rest show as thumbnails. Clicking on one puts it in the place of the large photo.

The photo page is hosted by Coonrod's Web site, so he retains control over the quality and accessibility. Because the photos rotate, he doesn't have to keep changing them.

"I thought it was awesome," he said. "It's very convenient."

Contact Staff Writer Holly Wagner at (217) 221-3374 or hwagner@whig.com