Horse Photos and Copyright Issues

Recently a local photographer explained that she wouldn't like to share any photos with us at Catskill Horse because she never gives copyright release on her photos. That sparked a discussion in the office regarding the use of photos on websites and on social media and the ever growing difficulty of protecting copyright content of not just photos, but articles and writings too.

Recently I was working with a publisher re Amazon and e-publishing. When you read the 20 page or so Amazon contract you note that it specifically states that Amazon can make a minor edit change to your work(s) and then consider it their copyright. Furthermore, they state copyright of all future works of the author are also their entitlement. Obviously you will have filed a copyright of the finished work with the copyright office, but this is no guarantee.  I wonder just how many folks go down this road and discover later that this clause, which obviously won't be taken up unless your work is a success, is detrimental to any chance of you gaining royalties and new publisher activity including movie making. Be warned. Needless to say I wouldn't sign over those rights as part of the larger contract with the publisher and we negotiated a different verbiage. The best way (is apparently) to make sure you have you work in hard print and naturally copyright filed, and submit it then as a hard copy to Amazon.  Later you can offer an e-book version if you want to do so.
This is not legal advice, just my understanding. Check with counsel first.

The issues regarding photography are just as difficult. If you post low resolution images on the internet then supposedly no-one will bother using them because they won't print well. But with today's technology I'm not so sure. Enhancement does wonderful things and you can still play with the original image and make it your own. Meantime your images lack clarity and viewers will be less impressed with your authority in the lens.

If you are a professional photographer and are being paid for the shoot, then watermarking, adding copyright notice and only allowing non-commercial use is an option. However, never providing a copyright release to a website or publisher or entity for a specific use is a little short sighted. What about when you started out and when you were given your photo credit in return for the free press of your work? That was a great start up help. Unless you are David Bailey or Susan Stickle or Terri Miller or Mary Phelps, I am not sure that you are famous enough to overlook this kind of support and coverage or indeed will ever be noticed. Everyone has a camera and technology allows even the poorest of talent to dress up their images.

I must confess that as a professional photographer myself I have had issues over the years with copyright and been upset when folks have used my images without permission. I usually respectfully ask if they will add photo credit at a minimum or remove the commercial use of the image and sometimes they do so and sometimes not. The websites that offer photo bucket style uploads are usually very good about removing them at your request. But it is not easy to find your images if they have been usurped. Especially if they have been downloaded and printed even with watermarking. Some software allows locking of images, but it's pretty easy to snap shot it.

As a fine artist I find it is a similar issue. While I like to maintain the original painting and offer prints, as soon as they go up for sale on a website you simply cannot control who will download them. Where my images have been used in calendars over the years, I know that people have bought the calendar and told me they are going to frame the page. This I choose to take as a compliment. Of course I'd rather they buy the original but at least someone is enjoying my work and showcasing it in their home or office.

Racing Respite Oil on Canvas Nikki Alvin-Smith

So the dilemma continues. Over the years I have learned that there is little point in being paranoid about the use of the images I create - well, within reason. If I am submitting images for a competition, or on social media I realize I am not going to be able to protect their use. Instead, I choose to share my work. When I do a photo shoot especially at a showground I always offer at least one free image for each rider and I try to shoot every rider. I also add candid shots and often find those are the ones that the rider will spring for first. When I started out I would shoot film ( way more expensive back then), and print and send the rider shots I had taken for free. This led to some serious support for me over time. So I encourage start up photographers to look at this type of PR for themselves especially now as digital is so cheap and easy to share via email.

Just so everyone knows ( and it is posted on the website), any photos submitted to Catskill Horse are assumed copyright released for the purpose of the site, and if for a competition/contest rights copyright release is granted to Catskill Horse for their use as they see fit, this is a requirement of entry and the image will be used for promotion and PR release world wide thereafter. This release doe snot transfer all rights to the photo or image. The photographer retains the rights to use the photo wherever. It simply means that the photographer grants Catskill Horse the rights to use the photo on the site and for promotional purposes. The terms and conditions page of the website will further clarify this point. Photo credit is always given. Naturally Catskill Horse will never post a photo that is copyright marked. If your photo taken on private property, please be sure you have a model release from the participants.If you submit a photo then having the permission of the participants to use their image is your responsibility.

There is a wonderful contest going on right now at CatskillHorse.org where you can garner credit for your photo ability and for just sharing a photo of you and your horse - you can win the super book from Quarter Horse expert Lesli Groves on Horse Photography. So go enter. Who knows, for the copyright release on one photo you could enjoy much more in free press and PR than the one time fee you could charge for the image - given of course your photo is selected as the winner. This photo contest is designed for both the amateur and pro photographer. Share your horse passion.

And don't forget, Catskill Horse is looking for images to accompany your business listing too.Adding an image will help your business stand out.