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I am wondering if I need to file a copyright claim, and if my pixieset website offers any protection against anyone stealing and/or selling my photos.
Also, on Pixieset it has blank spaces for the Terms of Sale and Digital Image License. I have no idea how to write either, and don’t know if I can legally copy and paste anybody else’s.
Ok, @warrior-princess I’ll try to answer these questions from my personal perspective. My comments certainly don’t constitute legal advice, and I’m sure there are others with more experience that could weigh in, but I’ll do my best!
I am wondering if I need to file a copyright claim
Could you clarify this question? I apply copyright information in the metadata of my photos, and that’s sufficient copyright protection as far as I’m concerned.
and if my pixieset website offers any protection against anyone stealing and/or selling my photos
There are a variety of ways to do this. For example with my portfolio, I have a download pin for all photos, so folks need to know the pin in order to download photos. Now, that’s the gallery, not the website, so I’m not sure of the settings on the website but I’d think it would be even more difficult to download from the website since it’s not designed to do so. 🙂
If you go to the website settings and click on “Advanced”, there is an option to “Disable Right-Clicks on Images” so that could offer extra protection as well.
Pixieset has blank spaces for the Terms of Sale and Digital Image License. I have no idea how to write either, and don’t know if I can legally copy and paste anybody else’s.
I would imagine it’s not legal to copy/paste someone else’s terms without their permission, but I don’t know for sure. Maybe this video might help direct you to some answers to this question?
Thank you, Lydia!
I will add that into my metadata. Do you know how to do that for multiple images in PaintShop Pro?
I checked on the Advanced Settings, and “Disable Right-Clicks” is on already!
Thanks for the video, Lydia!
Is this good for my Pixieset Store’s Digital License agreement?
Digital Image License
The Parties:
This Digital Image License Agreement, hereinafter “the agreement,” is entered by and between Photos By Brieanna, hereinafter “the Licensor” resident of PO BOX 89205 Tucson, Az 85752 and “the Licensee” collectively the “Parties”.
The effective date of the Agreement is: 18th April, 2023.
Recitals:
WHEREAS, the Licensor intends to transfer certain rights pertaining to the Digital Image, description attached, and the Licensee intends to license such rights.
WHEREAS, the Licensor, under the terms and conditions of this Agreement, grants the Licensee the rights enumerated in this Agreement for their mutual benefit.
THEREFORE, the parties agree to the terms and conditions set forth in this Agreement for the consideration acknowledged by the parties.
Terms and Conditions:
The Licensor permits the Licensee the non-exclusive, non-transferable right to use the Image. Except for the following, the Licensee shall not make use of the Image.
Advertising and promotional purposes
Make flyers, posters, and tear sheets
Magazines, books, websites
Video, Movies, broadcast
The Licensee agrees that the right enumerated in this Agreement are only license rights, and it should not be taken as an assignment or sale.
The Licensor retains all rights, license, copyright, ownership, and title of the Digital Image.
The licensee shall pay (how much??) amount of royalty.
Licensee, neither during the force of this Agreement nor on its expiration, acts in a way to challenge, alienate, invalidate or impair the rights of the Licensor in this Digital Image.
Licensor warrants that, Licensor holds the rightful title of this Image and all rights attached to this Image, including copyright and right to license.
The Image is free from any legal liability and third-party rights.
The Agreement will expire on 18th April, 2099 unless the parties renew or terminate the Agreement per the terms and conditions of this Agreement.
Both parties hold the right to terminate the Agreement prematurely by delivering a written notice stating the reasons and the effective date of such notice.
Notwithstanding the term of clause 7 of this Agreement, this Agreement shall automatically expire without the requirements enumerated in clause 8 of this Agreement, in the following circumstances:
Licensee abrogates any clause of this Agreement
Assigns, conveys, sells, or licenses any rights associated with the Digital Image described in this Agreement.
Licensee puts the Image into use other than clause 1 of this Agreement.
Licensee uses the Image in a way not expressly approved by this Agreement.
Any dispute to this Agreement will be tried under the laws of Arizona
If any provision of this Agreement becomes invalid or non-competent in a court of law, the rest of the Agreement will not be affected.
This Agreement may not be modified except in writing with the consent of the parties to this Agreement.Signatures
In witness, the parties do hereby sign this Agreement and put it into force as of the date set forth above.
Licensor ________________ Signature _______________ Date _____________
Licensee ________________ Signature _______________ Date _____________
(P.S. Disregard the signatures, as I just researched and found out that they aren’t for an online store)
Do you know how to do that for multiple images in PaintShop Pro?
I’m not familiar with that program, so you might need to search their manual or help menu. Does this article help? Or this one?
Is this good for my Pixieset Store’s Digital License agreement?
Could you explain what are you intending to use this agreement for? I think that might be helpful for us to understand before giving any specific comments.
Thank you, Lydia! Both of those help me.
I am going to sell digital prints, and cards, photos on canvas, etc from my website. The agreement is of the digital image license terms.
Ok. Wow, good for you trying to figure this out. I really don’t know much about this topic, so I would have to do a ton of research to really be a help.
@buddingphotographer, I know you’ve done some research on photo licensing…do you have any thoughts to offer? 🙂Sorry about the delay… I really have no personal experience with custom photo licenses or agreements.
My research and experience has actually been leading me away from limited “all rights reserved” licenses to “open” licenses, such as a public domain or Creative Commons license. I’m sure this is not going to be a popular position on a photography forum, but I’ve been slowly coming to the conclusion that trying to “lock up” my photos is not helping ANYONE. I’m not making any money on my photos anyway, so it doesn’t help me. And if anyone else wants to use one of my photos I wouldn’t charge them money anyway… so why not just give them permission to use it by default by releasing them with an open license? I’ve changed most of my photos on Flickr to a CC0 license which allows anyone to use them for basically anything without needing to worry about permissions or payments.
My thinking on this (from a Christian perspective) has been influenced by Andrew Case, Tim Jore, and Conley Owens. The other major influence has been actually facing the maddening difficulties with navigating copyright/licensing issues for so simple a thing as a photo illustration in a book. (Hint: if you plan to publish a book, you’ll save yourself a LOT of trouble and stress by just taking the photos yourself or just cutting out the photos. Trying to track down copyright holders and then actually receiving permission to publish their image is basically a hopeless job.)
Photos are a relatively minor thing; where things get a lot more serious is when Bibles and other biblical materials are locked away and permission is refused for those who would like to use them for the Kingdom of God. Andrew Case has a whole series of podcasts on this issue, and a great resource for learning more is the website https://copy.church/.
Sorry, you might be able to tell that this is a subject that gets me kinda worked up. 🙂 I don’t mean to cast aspersions on anyone else, I’m just sharing some of my thoughts that have evolved over the past few years.
@buddingphotographer I think your reasoning is very godly! I was only concerned about people stealing my photos of other people and doing ungodly and unlawful things with those photos. I simply want to protect the identity of myself and others, so no one gets scammed, or their photos used in bad ways.
Thank you for voicing your opinion! I really wouldn’t care if someone stole a landscape photo of mine.
@warrior-princess, what audience will be buying the photos on your Pixieset Store?
I’ve never seen a clause that talked about an agreement expiring before. That seems fairly arbitrary.
@buddingphotographer has some good points. I didn’t read any of the links he offered, but the comment that comes to my mind after breezing over his thoughts is: if there are “maddening difficulties with navigating copyright/licensing issues”, then that means things are working exactly like they are supposed to. Copyright was invented to prevent folks from using just anybody’s photos. It makes sense to me that if you want to use my photo, you should pay me for it. Thankfully, in today’s culture, you can get them for super cheap (thanks to microstock).If folks don’t have money to spend on photos, well, that’s their prerogative. Good for @buddingphotographer for making his photos available to folks like that. I’d rather make my photos purchasable, though, and then choose who gets to use my photos freely (vs just having them in the public domain to begin with).
@jamesstaddon Hopefully the people I tell by word of mouth about my website, and also the clients who want to get framed or canvas prints. (obviously I wouldn’t charge them for each photo digitally!)
A couple of thoughts. I used Paintshop Pro for many years, and after joining Lenspiration am trying out Lightroom Classic. I didn’t find any obvious way to modify the metadata (like copyright) on multiple pictures in PSP. The most common ways for folks to steal your photos from the web (any site) involves right-click / save as… and screen shot. Disabling right click solves one of those, decreased resolution at least partly solves the other. It is a moral choice – if someone wants to steal your photo, they can probably figure out how to do so. Such a person is not likely to be deterred by a copyright or permission notice.
If you take the photo, and are not being paid to do so, you own the copyright without doing anything else. Legally, if there is a dispute, you might need to prove when you first had the copyright (if someone else claims they had prior claim). I don’t think you need to put the full agreement on the website. James, I believe, has a simple statement to contact the photographer for terms to use the photo.
Putting your work (photos) into public domain is just that – putting an unlimited stack of copies in an airport for anyone to take and use for any purpose. So, if someone using your photos for evil purposes is an issue for you, or you need to generate revenue from them, take what precautions you can (copyright, permissions).@dotremain Thank you, David Tremain!
And welcome, by the way. 🙂
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