How to Photograph Against the Sun for Stunning Images

By: Simon Bond 


As a beginner in photography, you’ll likely be taught to keep the sun behind you. That’s because you’ll have several problems when you photograph against the sun. These problems are related. They’re an overblown sky, and a poorly lit main subject. That’s a recipe for a poor quality photo. As you learn how to better use the light, you’ll learn there are plenty of times you want the sun in front of you. In this article, you’ll learn all about the techniques needed to make stunning images when you photograph against the sun.

This photo is taken towards the sun not long after sunrise. The sun is lighting up 

the muhly grass through flare.

Flare

One of the effects you may well see when photographing against the sun is flare. This is sometimes described as the effect seen when a plant such as a reed is lit up by the sun shining on the plant. In the case of a reed, they have a delicate head in the summer which picks up the sunlight. As the head is delicate, it won’t block the sun completely, but is instead brighter and also not silhouetted. In photography, there are a couple of other effects caused by flare that can be used by photographers.

Flare effect on a camera

Unless your photographing a sunset or sunrise, directly pointing your camera at the sun is something you’ll want to avoid. Instead, aim to use an object within the frame to obscure the sun. Alternatively, you can aim towards the sun, but keep the sun just out of frame.
Doing this will result in two effects: You’ll see that your whole frame has a sunlight “glow,” or it’s highly likely you’ll also see a rainbow-like line that consists of arcs of light progressing across your frame. Both of these effects can be used to your advantage to create a more artistic-looking photo. Should you wish to avoid this altogether, using a lens hood helps. You might also try holding your hand above the lens to block sunlight shining onto the lens.

There is a glow to this image caused by flare. You can see this coming into the frame from
the top left.

Starburst

The starburst effect is technically another aspect of lens flare. It’s a more desirable effect though, and you have more control over how this effect occurs.
To achieve a starburst effect:

1. Compose your photo, and aim towards the sun. The time of day isn’t that important, but it’s easier to control this effect during golden hour and into sunset or from sunrise.
2. You’ll want to obscure the majority of the sun, but allow just the edge of the sun to be shining through. Too little and the starburst won’t be noteworthy. Too much of the sun, and it will overpower your frame. Placing the sun behind the leaves of a tree is an ideal solution here.
3. This effect is caused by your lens diaphragm. The number of sunburst spikes is determined by the number of arms your lens diaphragm has. You get one spike per diaphragm. If your lens has an odd number, the number of spikes will be doubled. That means you’ll want to choose your lens accordingly.
4. This effect occurs when you close down the aperture of your lens. Apertures of f/11 and smaller should produce this effect.
5. Photographing into the sun is likely to mean your photo produces silhouettes. If you wish to see details in the foreground, you will need to overexpose. The overexposure could be +2 or +3 exposure value.
6. With a small aperture, and a high exposure value your shutter speed is likely to be low. Either use a tripod or compensate for this slow shutter speed by using a high ISO. The high ISO will increase the shutter speed. Choose a setting that allows you to take the photo handheld.

Closing down the aperture allowed the sun to appear as a starburst in this photo.

Silhouettes

When you photograph against the sun you’ve always got a good chance of producing silhouettes. Getting the best silhouettes takes a little more nuance though. You need to plan your photo and choose the best angle to take that photo from.

1. The first step is to decide which object you’ll silhouette. Is this a person, or an architectural structure? Perhaps it’s a lone tree in the field.
2. Which direction will you photograph this object from? Will you need to arrive in the morning or the evening so that the sun is behind this object when you photograph it?
3. Is there a clear line of sight to the horizon? Or is there a reflective surface behind the silhouette which can be used to photograph the silhouette against it? You’re looking for a bright background that you can silhouette the entire object against.
4. If you’re silhouetting the object against the sky only, you’ll often need to kneel down to an angle. Getting close to the ground and photographing up towards your silhouette, will mean more of the silhouette is visible. Where the horizon line intersects the silhouette, it will often make the lower half of the object not visible as a silhouette.
5. Look at the position of the sun in the sky. Is it too intense? Can you hide the sun behind an object? Is it possible to create a starburst effect from the sun?
6. Silhouettes are black, so of course, the silhouetted portion of your image will be underexposed. Typically, you’ll expose to get the sky correctly exposed within your photo. As the sky is very bright, the rest of your image will be dark and silhouetted.

This was an ideal place to take a silhouette. The person is silhouetted against the sky, 

and the reflective surface of the water.

Sunsets and sunrises

Of all the things photographers photograph, sunsets, and sunrises are surely the most popular. This time of day fascinates photographers of all levels, and you certainly don’t need to be a photographer to appreciate those colors in the sky. This time of day is also the best time to photograph against the sun. Especially while the sun is close to the horizon, as it won’t overpower your photo with too much light.
So what are you looking for to get the best result?

• Know the angle – The sun changes position in the sky from winter to summer. Uses resources like suncalc to find out how a change of angle through the course of the year will affect your photo.
• Check the weather – Overcast days won’t produce a sunset or sunrise! Always check the forecast and try and head out for optimum conditions. You’re not looking for a totally clear day either, 30-50% cloud coverage is nice.
• Scout the location – Knowing a great location to visit on the day a good sunrise arrives is good. Knowing exactly where the best angle to photograph from within this location is even better.
• Focal point – Unless the sky is truly epic for your sunset or sunrise, you’ll need a focal point to give your photo interest. A lone tree or building structure is often a great subject. Likewise, a river that gives a reflective surface, and perhaps a leading line will also work well.
• Filters – Landscape photography where you photograph against the sun often need graduated neutral density filters. Be careful that the sun doe not produce unattractive and unwanted flare when you use these.
• Post-processing – Post-processing can enhance your images. The use of techniques like digital blending, and graduated filters are important tools.

Sunset and sunrise are always captivating times to take photos against the sun.

Equipment

There are some useful pieces of equipment you can have when photographing against the sun. Depending on the type of photograph you take, you’ll need some or all of this:

• Lens hood – This is needed to minimize or eliminate the effect of lens flare on your photo.
• Filters – Using a circular polarizing filter is a good idea for photography in general. Photographing towards the sun means using graduated neutral density filters is also a good idea.
• Strobes – Should you wish to light up a person or object, when you’re photographing against the sun, using strobes is necessary. Without these, you’ll have silhouetted people or objects. Should you wish to avoid this, additional light will be required.
• Reflecting disc – This can be used to reflect and direct sunlight onto the person or object you’re photographing. They’re more often used for portraits, and can be used on their own or in conjunction with strobes.

In this photo, an external flash was used to light up the couple.

Digital blending

Digital blending is a post-processing technique that uses luminosity masks to control the light across your photo. This has led to an improvement in the quality of images produced by landscape photographers who photograph against the sun. This is a large topic, so to learn more you should read this article.
In order to get the best results from this technique, you’ll need a tripod and to bracket your images when you take a photo. You’ll then need to spend time learning how to blend so you can produce natural looking and professional results. Learning how to do this will significantly improve the final results of your photos. Keep in mind that there are occasions you won’t need to use this style, and using filters, or producing silhouettes is an alternative to this.

This image used digital blending. The rocks in the foreground were lightened, and the sky
darkened.

Show some flare, photograph against the sun!

The sun provides photographers with their main source of light. Knowing how best to use it is vital for the best photos. In this article, you’ve learned how to photograph into the sunlight – a trickier proposition than photographing with the sun behind you.
Do you enjoy photographing towards the sun? Which techniques and ideas do you apply in your photography? Do you have example photos you can share with the community? At digital photography school we’d love to see your images both from the past, and perhaps your future images having read this article.
So now it’s time to get out into the sun, and photograph against the sun!

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12 Tips for Overcoming Common Wedding Day Setbacks

By: Jackie Lamas

Weddings are filled with love, laughter, and a lot of pressure. Brides and grooms put a lot of thought into every detail of their day and even the most perfectly planned wedding can encounter problems that can affect you, the photographer. There are no two weddings alike, however, there are common setbacks that can happen at any wedding or event that you may be photographing.

1. Running short on time

The photography timeline is set out so that everyone involved can stick to a schedule. That allows all of the important details and people to be photographed. Unfortunately, running late or short on time because of any reason can be a cause of stress to everyone involved. 

If you are caught with less time, the first thing you should do is to assure your client that everything is okay and these setbacks are really common on the wedding day. Make sure that you mention you can make up time later and offer suggestions to the problem.

For example, if the bride has taken a little longer than was originally planned to get ready and now you only have 10 minutes for family photos, suggest to the bride that you can snap a few in that 10-minute window and also after the ceremony.

If you are waiting for someone to arrive for photos, make use of the time and photograph details, other people with the bride and groom, individual photos, or more photojournalistic photos. It’s important to keep taking photos no matter the setback, this will keep the bride and groom calm knowing that you aren’t missing any detail and it can distract from the problem.

Usually, you can make up the time later and get the photos you need either during cocktail hour or during the reception. You can photograph details, portraits, and even get some interesting lighting using flash during the reception.

Photos of the bridal party during the reception because we ran out of time beforehand. You
can always try and take photos later in the day if the time runs short.

2. Having too much downtime

It is rare to have downtime when photographing a wedding but it can happen. Having downtime usually occurs during the getting ready phase, waiting for the bridal party, or reception parts of the day. It’s okay to have downtime, however, there is nothing worse than seeing vendors, especially photographers, sitting down and waiting it out during these times.

Sure, it’s perfectly fine to use this time to go to the bathroom or take a snack break. Your break just shouldn’t be more than 10 minutes.

Make sure to use the downtime wisely. Prep for the next round of photos, check batteries or set up off-camera lighting. You can also do test shot in the next location where you’ll be photographing.

Even though you’re waiting for the next event to come, never stop photographing any and all of the little details. In short: there is always something to photograph and do while you’re waiting.

3. The bride is full of emotions

I will not use the term “bridezilla” because I don’t believe it’s fair to the bride. Wedding days are high pressured days and brides are usually nervous and full of emotions before walking down the aisle.

It doesn’t matter if the couple is doing a first look or are getting ready in the same room, some brides are more nervous than others.

If this is the case, don’t mention anything! Even if the bride is nervous, anxious, or even angry, just redirect the focus on something else like her dress or that she looks beautiful. Reassure her that everything will be okay and tell her to just enjoy the moment now.

As the photographer, it’s your responsibility to help the bride relax and feel very natural as the day unfolds. Always keep a positive attitude and try to transmit that same vibe to the bride and groom. If they feel like you are there for them, it will make all the difference in the photos. If you’re excited about the wedding, then they’ll be excited.

4. Family telling you how to do your job

Unfortunately, it doesn’t matter how long you’ve been photographing weddings, you will encounter a family member or friend who wants to tell you how to do your job at least once.

When you encounter this type of setback, don’t make any negative or sarcastic remarks. Thank them for the idea they offered and move on. You can also comment that you’ve been photographing weddings for X number of years and are experienced in taking photos. Better yet, just go along with what they are saying and don’t say anything in return.

If they are asking for a particular photo, take the photo. If you already have, kindly let them know that you got the shot earlier in the day. This will keep them at bay knowing that you are taking all of the most meaningful photos.

At the end of the day, the guests will remember you more than you realize and if you make snarky or sarcastic remarks it may result in a negative view of your professionalism. You are there to photograph your bride’s day and that also means tending to the requests of her guests (they’re well-meaning).

5. When there is no planner or coordinator

If the couple has opted to not have a planner or coordinator, it is up to you to make sure to assist the couple during the wedding day.

Technically it isn’t your responsibility, however, helping with putting on boutonnieres, adjusting centerpieces, and placing the veil will always help you to capture the best photos possible.

Work with your couple before the wedding to make a schedule of the most important parts of the day that you’ll be covering. This way, everyone knows what time the family photos are happening, what time the dance starts, and what time you’ll be photographing the dress. Knowing when and where all the events will take place will give your couples peace of mind.

Having a schedule, or itinerary, will also help to move things around. For example, if the bride is late for her bridal party photos, you can take photos of the people who are there so switch to the groom’s family photos.

Photography is service based and as such, you should always strive to give your clients the best service possible. If that means acting as coordinator for the day to capture the best photographs possible, by all means, do it.

You can also have a family member or member of the bridal party to help to coordinate and fix any problems that may come up during the day.

6. Vendor Meals

There is nothing worse than working a wedding and having to eat a vendor meal during dinner. Everyone works differently, yet vendor meals can be a huge setback, especially if it consists of a sandwich and an apple. 

You can prepare for this by taking snacks or even a full meal. Pack an icebox or lunch bag with your favorite snacks and perhaps a little something more just in case you will be having a vendor meal.

Try asking the couple if they are okay with you taking an empty seat during the reception or getting in line for the buffet at their event. Most guests won’t mind because, by that time, they will have seen how hard you’ve been working all day. Luckily, most couples now invite their vendors to eat dinner or make sure that they’ve had something substantial.

In any case, take your snacks and water because you’ll need them throughout the day, whether you get a vendor meal or real dinner.

7. Little time with bride and groom

Sometimes, wedding day timelines can get a little compressed leaving less time for the most important photos (next to the ceremony). However, you can create stunning photos of the bride and groom all in one spot without having to move them to different locations.

To achieve this, download 10 of your favorite poses for couples onto your phone and photograph each one from different angles. Take individual photos of the bride and groom, including details of their wardrobe.

Without moving the couple very much, you can get many different poses and photos in a
short amount of time.

When you take advantage of posing in one spot, you can get lots of different photos from different angles in less time. Subtle changes to posing like facing the bride toward the groom and then facing the bride away from the groom can offer more variety.

Using one location can maximize the time you have for photos because moving from one location to another can often waste time. This way you can focus on them and getting great expressions.

For example, pose the couple in front of a plain wall, facing each other, hands around the bouquet. Take one photo of them in this pose full length. Take another mid-shot asking the groom to kiss the bride on the cheek while the bride smiles and looks down at her bouquet; that’s two photos.

In this same pose, get close and take a photo of the kiss. Next, go behind the couple and photograph mid-shot. Still in the same pose, get a close-up of the groom’s hand around the bride’s waist from behind the couple; the makes five photos without moving the couple.

After you have worked through one pose, choose another and work through it until you have all possible photos. This technique will ensure you get the most photos out of each pose in little time, without moving the couple.

8. Rain

Depending on where you live, what time of the year you’re photographing, and weather conditions, it could be that you get hit with rain on the day of the event. If this does happen, maintain a positive outlook and always try to help find solutions to work around the rain.

When rain strikes, switch to an indoor location or a location with covered walkways.

Change locations for photos. If you were going to do the family photos outside of the church, try moving the family inside the church or better yet, to the reception location. Look for options where you have awnings, covered walkways/breezeways, and inside a home or venue. 

Sometimes, the weather clears and you’re able to go outside for the remaining portraits.

You can also take advantage and get creative with the wedding photos. Ask the couple if they are willing to pose in the rain under an umbrella. You might be surprised how many are willing to get something a little different!

9. Drunken guests

It’s not uncommon for wedding guests to want to start the party early. Work with the coordinator or the bride and assign a family member to take care of the drunken guest. If they are part of the family, try and keep them away until it’s time for them to be in photos.

Try as best as you can to be nice and not comment on their state of being. Drawing attention to their behavior can upset the couple more and ruin the time you have for photos. Be really direct in posing and communication and always stay positive.

10.  Clashing with the wedding coordinator/planner

Although it is rare when vendors don’t see eye-to-eye during an event, it is really important to stay close to the couple. If you need something particular make sure to run it by the couple first. They have the final say on everything that goes on during the day.

Always maintain a high level of professionalism and make sure that you aren’t seen being rude or speaking rudely to the other vendors. If the clash worsens, tell the bride that you and the coordinator/planner have differences and suggest options to help maintain order.

Communication is key and it’s always best to go to the couple if you experience backlash or trouble with another vendor.

11. Other photographers/weddings at the same portrait location

This is probably the most common setback in the wedding industry. Many couples tend to choose the same locations for the portrait session.

If there are other photographers at the location before you arrive, simply introduce yourself and let them know that you’ll also be photographing a wedding. Ask them if they plan on using another location for photos and if they’d be willing to switch it up after a certain amount of time.

This location in Pasadena, California is really popular for bridal portraits. There were at least 

3 other photographers there at this time.

If there are a lot of photographers and events, simply choose a spot at the location that is free of people. Staying clear of other photographers’ background and watching out for people walking into your frame will keep the portraits clean.

12. Guests taking photos during the ceremony

Keep in mind that the wedding guests are an important detail in the couple’s day. Each was given an invitation to share and be a part of the wedding.

Having said that, some guests will take it upon themselves to take photos of the most important parts of the day, namely, the ceremony.

When this does happen, gently tap the guest on the shoulder, with a smile and motion to them that you need the spot in order to take a great photo of the couple. Most guests will move out of the way and not be bothered by this gesture.

This also asserts that you are the main photographer while staying positive and professional with guests. This non-verbal gesture also works with other vendors like videographers.

It’s also a good idea to let the guests take their photos first and then position yourself to take the profession photos afterward. This way, you’re letting guests take and share their own shots but also letting them know that you need to take these important photos as well.

The more photos the couple has of their day, be it from your camera or from their guests, the better. They’ll appreciate you for letting guests enjoy themselves by taking their own photographs.

Wedding photography is the most important take away from a couple’s wedding. However, it is not free from mishaps during the day of the event.

Each wedding can have one or more setback, it’s up to you the photographer to work around them and find solutions quickly. Maintain a positive attitude and always reassure the client that everything is photographing beautiful.

Have you experienced any of these or other setbacks at a wedding you photographed? 

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Wedding Photography Tip – 3 Ways to Tame a Bridezilla

By: Mat Coker

One of the most terrifying things in wedding photography is a bridezilla. You’ve likely read the stories of photographer’s careers being ruined by an impossible to please bride. Of course, this is a worst case scenario and fears become heightened by the bridezillas you see on TV.

“I think of photography like therapy.” – Harry Gruyaert

But it’s normal for photographers to encounter some level of bridezilla behavior. The question is how to deal with it.
I’ve learned from photographers like Joe McNally, Zack Arias, and Jasmine Star that it’s our job as photographers to make great photos – no matter what.
So if you’re faced with a bridezilla (or any overwhelming person) at any point in your career you simply need to know how to handle them. Here are 3 ways you can do that.

This was one of the most laid back and down to earth brides I’ve photographed. 

Hard-working, yet easy going and ready to have fun every step of the way. 

Unlike some brides, she learned to handle the stress of a wedding very well.

1. Understand

“You don’t make a photograph just with a camera. You bring to the act of photography all the pictures you have seen, the books you have read, the music you have heard, the people you have loved.” – Ansel Adams

Even the most difficult situations become easier to deal with when you understand what’s going on.
The truth is, most bridezillas never actually wanted to become bridezillas. So why do some brides act like that? Major changes in your life come with stress. Marriage comes with one of the highest levels of stress. In addition to the stress, there is also decision fatigue, personal baggage, and pre-wedding depression.
Maybe the question should be why there aren’t more bridezillas!

This photo was taken at golden hour. The unique shape of the sun flare was caused by 

moisture on the camera lens. There was a mist in the air that led to the surprising effect.

They don’t start out as Bridezillas. Not long ago she was living a normal life as somebody’s girlfriend. Then in the blink of an eye, her entire life changed as she became engaged.
When you put a person in a dramatic situation, you find out how much they can take before they crumble under the pressure. Planning a wedding provides more than enough stress and drama to make a person blow up.
Everybody reaches a threshold of how much stress they can handle. And for a variety of personal reasons some brides reach that threshold on or before their wedding day.
Bridezillas are people like you and me who have discovered what it takes to make them break.

This photo was taken from in the water. The couple was sitting on an abandoned train 

bridge. I thought the tunnel would make a good frame for the photo, so into the water I went.

2. Anticipate

“When there are other limitations, I don’t let myself be a limitation.” – Fer Juaristi

There is more than enough time leading up to the wedding day to anticipate who might become a bridezilla.
You can almost guarantee that if a bride comes from a happy family and she handles stress well then she isn’t going to become a bridezilla. But if her life is filled with stress and chaos and she doesn’t handle it well, there is going to be trouble on her wedding day!

Engagement sessions are a perfect chance to get to know the bride and groom. Take time 

to see how they are handling the stress and find out if there are ways you can help.

When I meet with a couple who is interested in having me as their wedding photographer, I ask questions that let me know what sort of temperament the couple has.
Ask about their vision for the wedding. Then ask what would ruin the wedding for them. I had great fun with a couple who insisted that even if a tornado came along and they had to move the wedding to a basement shelter, they still wouldn’t care because their family is what means everything to them. The dress, flowers, and the decor were all secondary.
Ask other questions like, “What simply must be perfect?” or “What is your biggest fear for the day?” and “What would totally ruin your wedding day?”
Ask how quickly her emotions change to the negative and what cheers her up most in life.

This photo was created using a slow shutter speed (about 2 seconds).

If a bride tells me that the most important thing to her is that she has a perfect Pinterest wedding, I know there could be trouble.
There are enough problems with the dress, flowers, and decor to drive anybody crazy. If the bride is anxious and disagreeable, to begin with, planing her perfect Pinterest wedding will drive her nuts. She’s a perfect candidate to become a bridezilla.

When the bride is wearing fun socks and cowboy boots, you know she’s not overly 

stressed about the details.

Being a wedding photographer means knowing how to work with people. So if you can’t handle the stress of working with a bridezilla, you should politely decline weddings when you think there is a good chance she’ll become one. Let her know you don’t think you’re the best photographer to help her have a perfect wedding.

3. Encourage

“It is more important to click with people than to click the shutter.” – Alfred Eisenstaedt

If you understand the things that lead to bridezilla behavior, and you’re happy with the challenge of working with one then good for you! You could actually help her get through her wedding day without baring her teeth and lower her stress level.
The truth is, most bridezillas don’t enjoy being bridezillas. You can’t help the ones who enjoy it. But you can help the ones who are afraid of becoming a bridezilla.

Weddings can be an exhausting journey, not just for the photographer who works all day, 

but for the family who has worked for months or years to get to this day.

If she’s open to having help, you can assist her in setting goals, seeing the big picture and
embracing what is truly important about her wedding day.
Find out what’s bugging her the most and share stories about other couples who have dealt successfully with these things. That way you’re not just pushing your opinion on her, but sharing stories of real people who found a way not to crumble under pressure. You can even publish these stories on your wedding photography blog.
Help her see her goal and what is truly important to her. Help her pivot around obstacles, and there will be less of a chance of her crumbling under the pressure of her wedding day.
No matter what you do, be the one who helps, not somebody who makes it worse.

When a wedding is done right, the bride and groom are still excited and energized at the
end of the day.

Happily Ever After

“If a photographer cares about the people before the lens and is compassionate, much is given. It is the photographer, not the camera, that is the instrument.” – Eve Arnold

No photographer wants to photograph a bridezilla. No bride wants to be a bridezilla.
You can surpass a bride’s expectations of you as a photographer by understanding her situation and being the most flexible, helpful, encouraging person on her wedding day.
All it takes is one good friend to be a calming presence amidst stress and anxiety to help a bride not turn into a bridezilla. This person could be you.

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Have you ever been a victim of photo piracy?

 By: Elizabeth Halford 

Back in February, I posted about watermarking and how I use this opportunity for advertising. I mentioned briefly the idea that if someone was going to steal your images, you may as well make them work for you with watermarks that are attractive and don’t get cropped out. At least then when Tight Theresa steals my images, her friends will know where they came from and hopefully get in touch. Although on second thought, do I want all her tight friends also scamming me for freebies? A subject for another day. But I digress.
I also mentioned in that post that I couldn’t believe the lengths people go to in order to steal my images and that watermarks make no difference when someone has their heart set on stealing your stuff. Ironically, it was only a couple months later that a friend many hours away called to say she’d seen some of my stuff being displayed on canvas in a printers near her. After some investigation, I found that the images (stolen off Flickr, cropped to oblivion) were being distributed on canvas by a large warehouse in this country. And they weren’t just any old images, they were four images of my son.
Now, some well-meaning friends who don’t understand the nature of piracy and the invasion I felt just said, “wow that’s so cool! You’re like…famous and stuff! You’re good enough to steal from.” Um…thanks but no thanks. I’m also good enough to get paid.
Through this event and hearing the reactions of people who really didn’t see the big deal made me realise that we are pirates. Some of us copy CDs, some ‘let’ our friends leave their pirate DVDs at the house, others copy images off Google to fill the corners of our blog posts, quote Wiki without attribution, directly steal concepts for our photography without giving props. In some way or another, many of us do something unethical with another person’s intellectual property once in a while.
And even more, I believe that we’ve all been the victim of piracy at some time or another, whether knowingly or unknowingly. Take that image stolen from me for instance. It’s being distributed by a massive warehouse in Birmingham. Who knows where in the world there are hanging photos of my little boy. But that’s the risk I take when I decide to share my work online. You have to do so knowing that once it’s out there, you can’t control what happens next. But please let me know if you see this image in a canvas printers’ near you! 🙂
This isn’t a list for how to avoid being a victim or piracy because clearly, I can’t control that in my own life. But I just thought it would be great to get the discussion going and hear stories of photographers who have had their work stolen. Even more interesting to know is how did you find out?

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Help: I Am Being Sued for Nearly $500,000 by a Model I Photographed

Hello fellow photographers. My name is Joshua Resnick. I am a stock photographer, but what I am going to tell you potentially affects all photographers. I wanted to bring to your attention a lawsuit I am involved in that I think could put the whole industry at risk if things don’t go well.
I am being sued in federal court for hundreds of thousands of dollars by a model I worked with in January 2013. This is a model that I paid, and who signed a release allowing me to sell her images through stock photo agencies. Why I am I being sued? It revolves around images that got misused or were just outright stolen and the model is blaming me for it.

It seems that many of her pictures ended up on erotic book covers, escort ads, and strip club ads. To my understanding she is claiming I either sold these directly to these people or through Shutterstock. As for myself, I only sold her images through a stock agency with a terms of service that did not allow pornographic/defamatory use — I have never sold an image of hers directly to someone.
The images I took were also posted by the model on her Facebook page, and eventually I even found pirate sites giving away the images for free. So it is very possible these misuses could have been from her Facebook or from those pirate sites, and it is also possible someone could of bought the image from an agency but potentially broke the TOS. I don’t know exactly what happened yet, but that’s my best guess.
My case has unfortunately received national attention in publications such as the New York Post, the Daily Mail and Fox News, none of which have bothered to explain my side of the story.
If they had not ignored my side of the story, here is what they would have reported: the model was an experienced lingerie model, appearing on a magazine cover in such apparel. I told her agent before the shoot it would be used for stock photography.
During the shoot I also told the model that the images would be for sale for stock photography and explained how stock photography works. I explained to her that these agencies prohibit pornographic use in their terms of service. Another person who often helped me from time to time was present during the shoot and witnessed everything.
I said nothing more and I didn’t lie. I did NOT promise her that her images would not be misused — that’s impossible in our right-click-save-as days. She saw the images before signing the model release, was happy with them and posted them herself on her Facebook page.
Another misconception that seems to be in the news pieces and the complaint is that our arrangement was TFP or Trade for Portfolio use. I paid her via her agent through Paypal and have all the records of it, even providing her gas money to travel to Columbus where the photo shoot was done.
If the court rules in her favor, it could create a dangerous incentive for other models to do the same and try to hold photographers liable for things that are out of our control. Basically, a model release could mean nothing to protect you. All they would need to do is claim there was some sort of oral agreement and it would be void.
Also, I am not the only photographer this has happened to, but as far as I know none of these photographer’s cases are public record and were settled out of court or with non-disclosure agreements or are currently unsettled. Mine being public record and such a high profile is important to win for photographers because of the example it could set.
Defending yourself against even completely false accusations will cost almost anyone a huge amount of money. A common misconception is that when you win in court, you get your attorneys fees paid. That’s not always the case. Even if I do win, this case will likely be financially devastating either way.
On January 7th, I set up a crowd funding campaign to raise the funds that would allow me to defend myself in this case. The case is in New York now and I’m facing a huge financial burden to protect myself and our industry in general. Knowledgeable copyright lawyers cost an absolute fortune. I want to defend myself to the extent I can given my funding to discourage models in the future from bringing forth similar actions.

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About the author: Joshua Resnick is a stock photographer based in Columbus, Ohio. You can find a selection of his images here.

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Texas Can Steal Your Photos Without Paying for ‘Takings’: Court

Jun 15, 2019

Michael Zhang

Photographers were just dealt a big legal blow this week after a Texas state appeals court ruled that the state can infringe upon copyright without risking punishment under the state’s or federal government’s “takings” clause.

The copyright infringement battle is being waged between Houston photographer Jim Olive and the University of Houston, a public university.
It all started when Olive, who’s known for his photos shot out of open helicopters, found one of his aerial photos (titled “The Cityscape”) of the Houston skyline being used by the university on its website to promote its C.T. Bauer College of Business. The photographer then sent the university a bill for $41,000 — $16,000 for the usage and $25,000 for removing his copyright credit.

“The Cityscape” by Jim Olive, the photo at the center of this legal battle.

The university quickly took down the photo but only offered Olive $2,500 for the unauthorized usage.
After Olive sued the university, the university pushed for the case to be dismissed because the public institution has sovereign immunity, which protects state government entities from a variety of lawsuits. Olive’s side responded by arguing that the copyright infringement was an unlawful “taking” under the state’s constitution, which prohibits the government from taking private property without adequately compensating the owner.
A lower court previously ruled that Olive can proceed with his copyright infringement lawsuit, but now the Court of Appeals for the First District of Texas has overturned that ruling.
“Even if the government sets itself up as a competitor by producing a copyrighted work, there probably is not good reason to conclude automatically that the copyright has been ‘taken,'” the three-judge panel cites in its ruling. “The copyright holder can still exclude all private competitors even as the government pirates the entirety of his work.”
“[W]e hold that the Olive’s takings claim, which is based on a single act of copyright infringement by the University, is not viable,” the ruling continues. “This opinion should not be construed as an endorsement of the University’s alleged copyright infringement, and as discussed, copyright owners can seek injunctive relief against a state actor for ongoing and prospective infringement.
“Instead, in the absence of authority that copyright infringement by a state actor presents a viable takings claim […] we decline to so hold.”
The NPPA notes that the US Congress passed the Copyright Remedy Clarification Act (CRCA) decades ago to prevent states from having governmental immunity from copyright claims, but some appeals courts have held that CRCA goes beyond Congress’ powers and have therefore struck it down as unconstitutional. The matter will likely go before the Supreme Court (in Allen v. Cooper) sometime in 2020.
“The Texas ruling affects more than just photographers,” NPPA writes in response to this week’s ruling. “It appears that a state entity could engage in broad piracy without being accountable.”
“It just doesn’t seem fair to me,” Olive tells the Houston Chronicle. “With this, they can just run rampant over copyright and take intellectual property with impunity.”

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What to Do When Your Images Get Stolen

By: Darina Kopcok

If any of your images live online in any shape or form, it is inevitable that they will get stolen.
With the Internet, copyright infringement has become rampant and is a worldwide phenomenon.
Some individuals don’t understand copyright and think that because an image appears online that it’s theirs for the taking.
However, there are a lot of companies that steal images and use them for commercial purposes – to sell their own products!

How do you know if your image has been stolen?

You can do random image searches on your images in Google. This is a cool feature, but rather tedious and incredibly time-consuming. If you have an extensive library of images, this could take more time than you’d want to spend.
A better alternative is sites like Copytrack, Pixray or Pixsy, which are image tracking services that not only find your stolen images but also will file a copyright infringement claim and sue for damages on your behalf.
This is a great way to seek restitution for stolen photos without the hassle of having to do everything yourself. Not to mention, there is no way you could scan millions of images on the Internet, looking for your work. The technology these services offer does it all for you.

Utilizing an image tracking service is something every photographer should consider. It’s a sad reality that so many photographers today are struggling, while thieves are profiting from our hard work.
An image tracking service can save you a ton of legwork. Most of the time, it’s as simple as uploading your photos. If you get notified that some of your photographs are appearing without permission or licensing, you can file a DMCA takedown notice or a legal claim through the service.
The image search function is free – to a point. It depends on how many images you upload. If you file a legal claim, the service will take a commission.
One caveat to using an image tracking site is that if you do stock photography, it can be hard to ascertain where your image has legitimately appeared.
Stock agencies don’t usually disclose to you who licensed your image. Also, many have partnered up with other stock agencies to sell your work, making your images even more difficult to track.

How an image tracking service works

According to the image tracking site Copytrack, 3 billion images are shared online every day. 85% of them get stolen.
Licensing images is about more than just tracking down infringements. Once you discover an infringement, you need to make a decision as to what you’ll do about it.
Both Copytrack and Pixsy can handle the legal side in the fight for fair payment for your work.
You simply upload your images while their Reverse Image Search functions in the background. They will notify you of your matches by email.
Once you confirm the stolen images, they take steps to enforce your copyright.
You don’t need to do anything.

What are scraper sites?

One of the worst types of offenders in the realm of stolen images and copyright infringement online are scraper sites.
Scraper sites steal your content for their own sites or blogs. Some will just scrape content, but most use automated software that takes your images and posts content on their own site.
These sites take images from Pinterest, Google, and your own website and host them illegally.
Not only does your website host the images for them but also they take up your bandwidth!
If you write a blog in addition to post photos, you may find your content appearing on these sites.

What are your options if your image gets stolen?

If your image gets stolen, your first option is to do nothing, which is exactly what many photographers do. The hassle can make it seem not worth it sometimes.
However, if the company that has stolen your image is a large one, you can hire a copyright attorney to take them to court, as this type of claim may be worth thousands of dollars to you.
In most cases, the best option is to use a company like Pixsy and either have them file a DMC Takedown Notice, or file a claim on your behalf.
A DMC Takedown Notice is a request to remove content from a website at the request of the owner of the copyright of the content.

How to file a DMC takedown

DMCA stands for Digital Millennium Copyright Act. To get your stolen content removed from a website you need to file a DMCA takedown notice.
To file a DMC takedown, you can either hire a service or do it yourself.
You need to find out who owns the website. You can use a Who Is lookup tool.
The problem is that it can be difficult to find out who the website owner is in order to send them the notice, as a lot of these sites hide this info. For example, they use Cloudflare to hide their real IP address.
Luckily, there are DMC takedown services that can help you with this. DMCA charges $10 USD a month for their protection services and charges $199 USD for a full takedown.

How to register your copyright

As a photographer, you automatically own the copyright as soon as you create the image. This means that you do not necessarily have to file copyright for all your photos.
In most countries, you do not need to file copyright papers to prove you own the content or copyright. Government Registered Copyright is NOT necessary in order to get your content removed, however, suing for damages IS easier if you have registered your copyright.
To register your copyright, search online with keywords such as “register copyright Canada/US/Australia” etc., to find the Intellectual Property Office in your country.

If you have had your images stolen, it’s up to you to decide if you want to pursue restitution.
Small transgressions may not seem worth the time and energy, however, if someone is making money off your work, you may want to consider seeking compensation. Not only for the money but also the principle.
Have you had any of your images stolen? Share with us in the comments below.

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Thanks for visiting my blog.  This weeks photography freebie is by Photographer Ian Plant.
Get your free copy of his Ebook here:
https://ianplant.lpages.co/essential/

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