Manufacturer removed my watermark...thoughts?

Have a watch of the review that’s already published, took me over 60hrs that did incl editing.

As stated in the comments, it’s not these photos I’m bothered about, but going forward since my photography is improving.

You’ll find that almost every pro photo is heavily edited in lightroom and/or photoshop. They often look like mine before then. I have a pretty expensive camera and sigma lens :slight_smile:

Where’s this flashlight you’re referring to?? I’ve never been sent anything that fits that description lol

CyanSky ?

I think tatasal is on the right track. Have a simple boilerplate agreement that you send before accepting a review that spells out your expectations in simple language. Make sure it has been vetted by a native speaker so that there is no confusion about translation.

They gave you something and you GAVE them something. They didn’t tell you what you could and couldn’t do with their flashlight. If you want to put restrictions on what they can do with photos or other in the future then you need to spell that out in clear language that everybody understands BEFORE you accept their gift and terms. You’ve given them the keys to the car. They can drive it however they like. Edit. You can’t take back the miles that they’ve already driven. You can’t erase those dents. You can choose whether or not to give them the keys to the next car.

Trying to keep brand names off here, don’t want to give anyone bad publicity.

Kenny - it’s not the fact they’re using them, it’s that they removed the watermark. This concerned me going forward as some photos are really decent that I’ve taken in the past. For example, look at this one of the Sofirn IF22A mounted to my drone - Imgur: The magic of the Internet

I’d love to hear from another reviewer who takes beamshots.

Well, although I do some reviews, my photos are nothing compared like yours and some other folks here. My cellphone doesn’t allow better.
Also, I don’t do watermarks on them, but I also don’t have a business nor am I a professional concerning reviews.

However, once I had a photo of mine used by a brand in their AliExpress store (they also sent me a flashlight for review), and I didn’t care that much. I normally appreciate if someone gives credit to the work, but I didn’t complain.

So, I cannot give you a definitive opinion, because on the one side you agreed that they could use your photos, but on the other, they removed your mark from that unique photo, which retrieves the credit to your work.

I’d probably ask them to add a link for your review (written or video) so that people can see it in the original context and “follow you” and look for more or your work :+1:

Going forward before getting any future models of theirs I’ll have a chat with them.

I appreciate the replies.

Btw all these covid lockdowns, mandates etc is stressing me out and causing my business a lot of problems, so can’t think straight and overreact now and then. Taking a 3 week break to try and calm myself from this mental overload

China and many other countries may have signed bilateral copyright agreements with your own country. China has signed such agreements with international organizations, including the World Trade Organization. You should become familiar with the agreements that are still in effect and mention, when you agree to submit a review with photos, that you expect the country of the product seller/manufacturer to abide by those agreements.

You can also send them a statement listing your requirements for doing a review of their product - including whatever restrictions you would like them to respect in using your photographs.

Maybe on your next review, place your watermark in the center of the picture.

Ugly? … Yes. But would probably be impossible to crop out.

nice photo
no, I do not expect to “own” an image that I post on the internet

who would you say “owns” this image, that I “borrowed” from your imgur and edited myself?

.

personally, I consider watermarks really tacky… thats USA speak for “in poor taste”…

imo I dont “own” anything I post on the internet

but I dont understand how to make money from photos… so… if you find a way, more power to you… USA speak for, Im happy for you

The law in the USA gives the person who pushes the shutter release on a camera the exclusive ownership rights to the resulting photo. That ownership gives the photographer a “copyright” in the photo throughout their lifetime and for 70 years afterward. The copyright applies whenever the photo is placed in a tangible medium, such as the web, or a magazine, or a book.

Under the USA law, the only exceptions to the exclusive ownership rule occur when, either 1) the photographer takes the photo while an employee of another party; or 2) when there is a written agreement between the photographer and another party stating that the photography being done under the agreement is considered “work for hire.” Being hired for one job, or a few jobs, doesn’t make the photographer legally an employee of the hiring party, for purposes of this law.

thanks, so, I “own” all the pics I take and post… cool… how do I get paid? :wink:

fwiw, OP is in New Zealand… and gave review images to a company in China…

in your opinion, was he injured financially, when they removed his watermark? If so, how does he get paid?

Damm sure sucks when one steals from another. Just for fun, I DuckDuckGo’d “Watermark Removal App” and boy, there’s a ton out there. Damm look at this list! Top Watermark Removal App

Funny thing is Photoshop is first in that list.

Maybe ask them to give you full credit. “Thanks to Jacob Funtastic Studios for the use of his photos”

I find some watermarks Cheezy/Tacky.

It’s not about getting paid, it’s just an identifier.

What was the point in Lexel, and Texas Ace having their branding on their own driver boards in many flashlights? Imagine if manufacturer’s removed it…

Whether he was injured financially depends on whether he normally charges others for use of his photos. However, under the US law and under the international agreements to which many other governments are a party, use of any photo not already placed in the public domain by the copyright holder requires first obtaining explicit permission from the copyright holder. If you don’t do that, you’re violating US law and the international agreements, and you are subject to being sued over such a violation in your own country.

China is bound by international agreements and treaties to enforce the intellectual property rights of persons in other countries. In 1980, China became a member of the World Intellectual Property Organization. China’s intellectual property laws were enacted with reference to the Berne Convention For the Protection of Literary and Artistic Works, and also the international Agreement on Trade-Related Aspects of Intellectual Property Rights. Other international agreements in intellectual property rights to which China is a signatory include the Paris Convention, and the Madrid Agreement.

Recent trade agreements between China and the United States began a complex, multi-step process of bringing enforcement actions of US intellectual property rights in China’s courts more in line with such enforcement actions in the US. I don’t know anything about the laws in New Zealand, but I would guess that New Zealand is a party to the international intellectual property agreements signed by China, giving New Zealand copyright holders some legal grounds for enforcing their own country’s copyright protections in China’s court system.

Yeah, I would want credit for the photo, even if I didn’t expect to get paid for the use of the photo. Aside from that being the respectful thing to do, it also serves a practical purpose for the photographer. In the past, I discovered people using my photos without my permission, and without my knowledge. That has led me to conclude that I need to use a “copyright” watermark on any photo I care to protect. If you let some people get away with using your work, others will claim the same right - especially when your photos are available on the web for all to see, wherever and by whomever they are posted.

In addition, I have also come to realize that my work (writings or photos) might be edited and otherwise used in ways that I find objectionable or in poor taste. For that reason, also, I choose now to protect the photos I value.

In addition to adding a watermark to each photo during processing, modern digital cameras also can offer another way to protect your images. The camera I use now for photos I might want to protect has a built-in function in its system with which you can automatically add your own name, as the copyright holder, to the metadata in each image.

they asked, and he provided the images

then they removed his watermark… and used the part of the image they found useful

I see no loss of revenue to the “owner”, so no damages to be recovered…

am I missing something?

I’ve learned a watermark is useless unless its placed in the photo almost dead center.

Some people like to make it appear part of the picture somehow and I like that but I don’t have time for that.