Image copyright, IP & watermarks (logos)

[vmthreed]

Hi all,

 

Firstly I apologise for another copyright based thread but I can't find the information I need elsewhere.

 

A few years back I produced several visualisations using a model I had solely built and mostly designed myself with a bit of help from an architect (she did some sketches of the design). The images were informally done, as in no contract and as a favour, for this architect to try and win a design competition organised by a developer.

 

I produced them completely unpaid (which was ok may I add) but I added on the logos of the architect AND the developer onto the images before submitting them to the competition.

 

Now my question is... by adding their logos to the images does the architect and/or developer own any of the copyright for the images, or the rights to use the images commercially (e.g in their portfolio/website)? If so, in what way do you feel they can use them without my permission? Or have I essentially given them copyright of the images by placing the logos on them?

 

Hope you can help and thanks for your time!

[Adam Kruvand]

Sadly even with terms and contracts, people still steal images. It happens to us all the time. We've had people print construction billboards with our watermarked renderings. Watermarks are annoying - but make sure they are clearly across the entire image. We watermark our entire online portfolio now, like this: http://www.studio2a.net/portfolio

 

In this case there isn't much you can do. This is why rule #2 - "Don't do stuff for free". You could spend a lot of money on a lawyer to send them letters to try to get compensated. I'm guessing you want to stay friendly with this architect and developer? You could ask them nicely to not publish them, but in the end maybe just chalk it up to a learning experience.

[aristocratic3d]

We were discouraged by couple of professionals about adding watermarks. Their logic was this is not professional to spoil your images with water marks.

But we feel like we should do it now.

Edited June 18, 2016 by aristocratic3d

[Joel Gray]

First and foremost, my understanding of Copyright law is that you are the sole creator of the rendering, therefore you own the copyright. Period. If you had been an employee of the architect and were paid on a work-for-hire basis then the copyright would belong to them. The fact that you put their logos or names on the rendering doesn't give them any copyright privileges unless you specifically added "Copyright 2016 So-and-so Architect."

 

As for watermarking your images. Most people are ignorant about copyright law and will unknowingly use (steal) your work. My personal opinion is that a small watermark or copyright notice is appropriate and professional. Large watermarks across an entire image is distracting and cheapens your work (remember, this is just my opinion). A case could be made that if you're that sensitive about copyright, how difficult are you going to be to work with? Do you also have 20-page contracts and lawyers on speed-dial? I see my copyright mark cropped out and even cloned out of my images on occasion and it ticks me off, but I handle it with a polite call to the client and express to them how this hurts my business which in turn hurts my ability to do great work for them too (I've gotten a lot of new clients through the copyright watermarks on my renderings in the past). Also, if you're really, really awesome at what you do and your work is blatantly stolen and used in someone elses portfolio, your fellow CG artists will catch this and oust the offender in the equivalent of an online lynching by your peers. I've seen it happen over at CG Society quite a few times.

 

The most important part of this post though is that you should never work for free. That in itself hurts the community and the people who work very hard to make a living doing this work.

 

Joel

[nielskretschmann]

If so, in what way do you feel they can use them without my permission?

 

you probably still hold all rights on the work you did.

i let my customers know (if they ask) that they can use images that i did for them in any way they like, if the use is directly connected to their own business. for instance they can put it on their website, a construction sign, a newspaper article etc without asking me.

 

i only sometimes let myself get payed extra if a 3rd party wants to use my images in publications - for instance a construction firm wants to use a vizualisation for their newsletter if my client was the architect

[M V]

1- Never work for free

2- Always get a deposit (at least 50%)

3- Read Mike Monteiro's - Design is a Job https://abookapart.com/products/design-is-a-job

4- Stop letting clients walk all over designers/artists

 

Do these things and even if you work for the dirtiest client who takes you work and runs with it, you at least walk away with half.