Copyright concerns

Payment is based on exposure. I have Instagram insights that measure how many image views, unique users, and engagement levels. If my photo is being posted on an Instagram with over 500k followers with no mention of me.... that's at least 5000 people who would have visited my profile based on the "shout out" this IG should be giving.

This is what's happening. My ex went from 500-30,000 followers in five months of traveling with me because we did a lot of cross posting. Tagging each other. It worked well. Now, we're split and she's continuing to post photos I've taken of her, without mentioning. Now, these "Repost" IGs are sharing her content, but only mentioning her, because they got the picture from her IG feed.

If you don't think I'm missing much, I had my photo featured on @followmefaraway, which has 500k followers. I woke up with 3000 new followers. Imagine how many profile views I got....

It may be social media, but it needs to be treated the same way any brand should be.
Correct me if I'm wrong.

It sounds to me like you are expecting someone else to promote you, and if so, I don't see what obligates them to do so.

She's using the work you did together to promote herself, but you're not working together anymore, and not being together releases her from the obligation to include you in her promotion efforts.

If you and I made a video of my dog's antics and then we went separate ways, either one of us could use the video any way we wanted and aren't obligated to mention the video's co-creator.

Whatever you produced together can be used by both of you and neither of you needs to acknowledge the other.

I don't know if that's what a copyright court would find, but that's the way it looks to me.
Yes, you are wrong. These are photos of her, not ones we created together. We traveled together for a while. The photos I took of her in Antarctica are going viral and I, the photographer am not getting the exposure.
 
How much business is "exposure" getting you? My guess is zero.

Learn from this that written agreements are important. Oh and if you are any good, you'll go out and take new pictures that you can use. Any good professional portrait shooter could hire some models and have a new portfolio in a week.
 
How much business is "exposure" getting you? My guess is zero.

Learn from this that written agreements are important. Oh and if you are any good, you'll go out and take new pictures that you can use. Any good professional portrait shooter could hire some models and have a new portfolio in a week.

--
David M. Converse
Lumigraphics
http://www.lumigraphics.com
You clearly didn't read anything between the first and last post. I generate on avg 1000-1400/mo with Instagram. It's been funding me to travel for the last 13 months. I've been driving VW Bus from Argentina to Alaska. My $10,000 two week Antarctica Trip was paid for in full by a sponsor. Payments are based on exposure and how much engagement a photo gets. For instance some companies I have a deal with that for every 500 likes a photo gets, I receive $50.

Yes, I can take more photos. But there is still lots of loss income because if she omits photographer credit on her photos, which are getting 10-20k views on her profile, another 20k from the other IGs that feature her and it compounds.

Here's a SS to give you an idea. I had 22k picture views this week that's worth a lot to a brand. If I can bring that number to 30,50,100k... it becomes worth more. I don't care....actually i would prefer she continues to use my photos because all it does it help me so long as I get the credit in the tag so people visit my profile.



5e9df135b745499eb3fc84c693a6a191.jpg.png
 
Payment is based on exposure. I have Instagram insights that measure how many image views, unique users, and engagement levels. If my photo is being posted on an Instagram with over 500k followers with no mention of me.... that's at least 5000 people who would have visited my profile based on the "shout out" this IG should be giving.

This is what's happening. My ex went from 500-30,000 followers in five months of traveling with me because we did a lot of cross posting. Tagging each other. It worked well. Now, we're split and she's continuing to post photos I've taken of her, without mentioning. Now, these "Repost" IGs are sharing her content, but only mentioning her, because they got the picture from her IG feed.

If you don't think I'm missing much, I had my photo featured on @followmefaraway, which has 500k followers. I woke up with 3000 new followers. Imagine how many profile views I got....

It may be social media, but it needs to be treated the same way any brand should be.
Correct me if I'm wrong.

It sounds to me like you are expecting someone else to promote you, and if so, I don't see what obligates them to do so.

She's using the work you did together to promote herself, but you're not working together anymore, and not being together releases her from the obligation to include you in her promotion efforts.

If you and I made a video of my dog's antics and then we went separate ways, either one of us could use the video any way we wanted and aren't obligated to mention the video's co-creator.

Whatever you produced together can be used by both of you and neither of you needs to acknowledge the other.

I don't know if that's what a copyright court would find, but that's the way it looks to me.
I think the OP is claiming these are photos that HE created and not his ex-girlfriend but she's promoting it on her Instagram account as if she was the one who took the photos. Before they went separate ways, she gave him photo credit but now they are separated, she's not.
Sounds like he should have gotten his photos back from her or had her delete his photos as they broke up. This is the OP's digital mess.
Let's be real, in the digital age there is no "getting your photos back" and what your saying is to just ignore the law and say "your problem"

Like "sorry your ex broke into your house and stole your son. You should have moved or changed the locks, but since you didn't, it's ok that your kid is now gone"

And yes. These are my images, that I created. I am the photographer, she is the subject. She's posting photos of her that I took. I have copyright claims to the photos.
For some reason I was just reminded of this, Sam Kinison - Love Song.

"I want my records back!!!"

**NSFW**

 
How much business is "exposure" getting you? My guess is zero.

Learn from this that written agreements are important. Oh and if you are any good, you'll go out and take new pictures that you can use. Any good professional portrait shooter could hire some models and have a new portfolio in a week.
 
Looks to me like you are spending lots of time arguing this fine point of copyright law with people on this board who are not copyright lawyers, when you could be spending the time traveling/taking more photos/talking to an actual copyright lawyer. In all my time here, I have seldom heard consistent advice on the topic of copyright, and I doubt today will be that day.
 
Looks to me like you are spending lots of time arguing this fine point of copyright law with people on this board who are not copyright lawyers, when you could be spending the time traveling/taking more photos/talking to an actual copyright lawyer. In all my time here, I have seldom heard consistent advice on the topic of copyright, and I doubt today will be that day.
 
Looks to me like you are spending lots of time arguing this fine point of copyright law with people on this board who are not copyright lawyers, when you could be spending the time traveling/taking more photos/talking to an actual copyright lawyer. In all my time here, I have seldom heard consistent advice on the topic of copyright, and I doubt today will be that day.

--
https://www.flickr.com/photos/myazphoto/
That I will agree with you on lol. I'm currently posted up in Iguazu doing a motor rebuild with plenty of downtime to waste on the internet
How much do you estimate you have lost?
 
Let's be real, in the digital age there is no "getting your photos back" and what your saying is to just ignore the law and say "your problem"

Like "sorry your ex broke into your house and stole your son. You should have moved or changed the locks, but since you didn't, it's ok that your kid is now gone"

And yes. These are my images, that I created. I am the photographer, she is the subject. She's posting photos of her that I took. I have copyright claims to the photos.
If she had never posed, you would have no photos. She created those photos as much as you did.

Do you have a model release? Was there any discussion as to what you were allowed to do with the photos?

All she needs is a lawyer to show that a mutual understanding was broken by your current action. You may then claim that she did the same. But being a woman, she will win that one.

I have almost been there. MY model stated in front of my lawyer, twice, that if my photos were causing problems with her family, she would reserve the right to take legal action. I did mention the photos to her sister, which caused BIG trouble for her. I was lucky. She did NOT sue. Fifteen years later she is still in my life, in fact, she is currently looking after my health.

I suggest AGAIN that you apologize and back off.

Henry
 
Well this bubble is taking me around the world for the cost of nothing and it didn't show and signs of slowing down; so I'll continue to milk it for as much I can. Thanks for your so very optimistic outlook. I'm 32 and already retired. I'll never need to work again.
You are saying that it was NOT a professional relationship - but you have taken financial advantage of it, according to your original post.

Her current male acquaintance may suggest to her, going by the statement you made above, you are worth suing.

Henry
 
How much business is "exposure" getting you? My guess is zero.

Learn from this that written agreements are important. Oh and if you are any good, you'll go out and take new pictures that you can use. Any good professional portrait shooter could hire some models and have a new portfolio in a week.
 
Look at it this way. I have such an appealing Instagram to brands because of my travels. My Instagram has grown because of my travels. It's a symbiotic relationship. Instagram pays to continue traveling which continues to generate income as long as I travel. So yes. Instagram has been footing the bill for my travels. If i were home I would be paying a mortgage, cell phone bill, car insurance....using up a sufficient portion of my income. But, not all that income is mine to keep because my very frugal and inexpensive lifestyle...i spend about $1000/mo while traveling and that's good food, good places to stay and not klmissing any thing. It costs less money to travel than live in the US per month. So, now my income is 100% put away and grows for me....so without traveling I would be on the hamster wheel where since I've traveled my portfolio has grown to a point it will sustain steady growth. Sorry to confuse you
 
How much business is "exposure" getting you? My guess is zero.

Learn from this that written agreements are important. Oh and if you are any good, you'll go out and take new pictures that you can use. Any good professional portrait shooter could hire some models and have a new portfolio in a week.

--
David M. Converse
Lumigraphics
http://www.lumigraphics.com
You clearly didn't read anything between the first and last post. I generate on avg 1000-1400/mo with Instagram. It's been funding me to travel for the last 13 months. I've been driving VW Bus from Argentina to Alaska. My $10,000 two week Antarctica Trip was paid for in full by a sponsor. Payments are based on exposure and how much engagement a photo gets. For instance some companies I have a deal with that for every 500 likes a photo gets, I receive $50.

Yes, I can take more photos. But there is still lots of loss income because if she omits photographer credit on her photos, which are getting 10-20k views on her profile, another 20k from the other IGs that feature her and it compounds.

Here's a SS to give you an idea. I had 22k picture views this week that's worth a lot to a brand. If I can bring that number to 30,50,100k... it becomes worth more. I don't care....actually i would prefer she continues to use my photos because all it does it help me so long as I get the credit in the tag so people visit my profile.

5e9df135b745499eb3fc84c693a6a191.jpg.png
I think your maths is seriously off here. And I rather fear you are confusing the bad ending of an 'emotional' relationship with 'business common sense'.

You have clearly done well to fund your travels (US$1000-US$14000 a month) through your 'wounded vet' brand and strong marketing skills.

Where I think you are 'totally wrong' is equating the success of this to your 'instagram account' and then by extension - 'My instagram account (and hence my income) would have done much better if my ex had given me due credit.'

To be perfectly frank, 22k picture views in a week on instagram is 'piddly' - I have had 220k views on my Flickr in a single day and it is worth squat. (I know of one guy who claims 1.5billion views on social media and doesnt make anything out of it). If you think you are 'missing out' in a 'financial sense' rather than an 'emotional one' because someone on instagram with 30,000 followers posts pictures of themself taken by you without due credit you are simply delusional.

When you put your 'ex' success on instagram down to 'yourself' and the fact that your instagram hasnt been more successful down to 'her' you should at least realize you are confusing a bad emotional break up with a bad business one.

--
http://www.salintara.com
http://www.flickr.com/photos/robcoll/
 
Last edited:
How much business is "exposure" getting you? My guess is zero.

Learn from this that written agreements are important. Oh and if you are any good, you'll go out and take new pictures that you can use. Any good professional portrait shooter could hire some models and have a new portfolio in a week.

--
David M. Converse
Lumigraphics
http://www.lumigraphics.com
You clearly didn't read anything between the first and last post. I generate on avg 1000-1400/mo with Instagram. It's been funding me to travel for the last 13 months. I've been driving VW Bus from Argentina to Alaska. My $10,000 two week Antarctica Trip was paid for in full by a sponsor. Payments are based on exposure and how much engagement a photo gets. For instance some companies I have a deal with that for every 500 likes a photo gets, I receive $50.

Yes, I can take more photos. But there is still lots of loss income because if she omits photographer credit on her photos, which are getting 10-20k views on her profile, another 20k from the other IGs that feature her and it compounds.

Here's a SS to give you an idea. I had 22k picture views this week that's worth a lot to a brand. If I can bring that number to 30,50,100k... it becomes worth more. I don't care....actually i would prefer she continues to use my photos because all it does it help me so long as I get the credit in the tag so people visit my profile.

5e9df135b745499eb3fc84c693a6a191.jpg.png
I think your maths is seriously off here. And I rather fear you are confusing the bad ending of an 'emotional' relationship with 'business common sense'.

You have clearly done well to fund your travels (US$1000-US$14000 a month) through your 'wounded vet' brand and strong marketing skills.

Where I think you are 'totally wrong' is equating the success of this to your 'instagram account' and then by extension - 'My instagram account (and hence my income) would have done much better if my ex had given me due credit.'

To be perfectly frank, 22k picture views in a week on instagram is 'piddly' - I have had 220k views on my Flickr in a single day and it is worth squat. (I know of one guy who claims 1.5billion views on social media and doesnt make anything out of it). If you think you are 'missing out' in a 'financial sense' rather than an 'emotional one' because someone on instagram with 30,000 followers posts pictures of themself taken by you without due credit you are simply delusional.

When you put your 'ex' success on instagram down to 'yourself' and the fact that your instagram hasnt been more successful down to 'her' you should at least realize you are confusing a bad emotional break up with a bad business one.

--
http://www.salintara.com
http://www.flickr.com/photos/robcoll/
While I agree with you on 22k being meezly, we are talking about two completely separate platforms. Flickr photos when properly tagged can result in very successful good image searches coming from all over the world. Views doesn't equal engagement. I posted a photo with a coupon code that got only 1200 likes, but sold 29 towels for a very trendy towel company. If your photo that received 220k views featured a brand or a shout out/link/promotion....you should be getting paid, and very generously.

It's also about how you market yourself, 100% right. I have worked closely with disabled veteran organizations to promote healthy healing without the use of over medication, and shared my story with them. I am cobranding with a sunglasses company to do a disabled vet charity donation with the fun of a limited edition line ...

I am grateful for the luck I have had.
 
How much business is "exposure" getting you? My guess is zero.

Learn from this that written agreements are important. Oh and if you are any good, you'll go out and take new pictures that you can use. Any good professional portrait shooter could hire some models and have a new portfolio in a week.

--
David M. Converse
Lumigraphics
http://www.lumigraphics.com
You clearly didn't read anything between the first and last post. I generate on avg 1000-1400/mo with Instagram. It's been funding me to travel for the last 13 months. I've been driving VW Bus from Argentina to Alaska. My $10,000 two week Antarctica Trip was paid for in full by a sponsor. Payments are based on exposure and how much engagement a photo gets. For instance some companies I have a deal with that for every 500 likes a photo gets, I receive $50.

Yes, I can take more photos. But there is still lots of loss income because if she omits photographer credit on her photos, which are getting 10-20k views on her profile, another 20k from the other IGs that feature her and it compounds.

Here's a SS to give you an idea. I had 22k picture views this week that's worth a lot to a brand. If I can bring that number to 30,50,100k... it becomes worth more. I don't care....actually i would prefer she continues to use my photos because all it does it help me so long as I get the credit in the tag so people visit my profile.

5e9df135b745499eb3fc84c693a6a191.jpg.png
I think your maths is seriously off here. And I rather fear you are confusing the bad ending of an 'emotional' relationship with 'business common sense'.

You have clearly done well to fund your travels (US$1000-US$14000 a month) through your 'wounded vet' brand and strong marketing skills.

Where I think you are 'totally wrong' is equating the success of this to your 'instagram account' and then by extension - 'My instagram account (and hence my income) would have done much better if my ex had given me due credit.'

To be perfectly frank, 22k picture views in a week on instagram is 'piddly' - I have had 220k views on my Flickr in a single day and it is worth squat. (I know of one guy who claims 1.5billion views on social media and doesnt make anything out of it). If you think you are 'missing out' in a 'financial sense' rather than an 'emotional one' because someone on instagram with 30,000 followers posts pictures of themself taken by you without due credit you are simply delusional.

When you put your 'ex' success on instagram down to 'yourself' and the fact that your instagram hasnt been more successful down to 'her' you should at least realize you are confusing a bad emotional break up with a bad business one.

--
http://www.salintara.com
http://www.flickr.com/photos/robcoll/
While I agree with you on 22k being meezly, we are talking about two completely separate platforms. Flickr photos when properly tagged can result in very successful good image searches coming from all over the world. Views doesn't equal engagement. I posted a photo with a coupon code that got only 1200 likes, but sold 29 towels for a very trendy towel company. If your photo that received 220k views featured a brand or a shout out/link/promotion....you should be getting paid, and very generously.

It's also about how you market yourself, 100% right. I have worked closely with disabled veteran organizations to promote healthy healing without the use of over medication, and shared my story with them. I am cobranding with a sunglasses company to do a disabled vet charity donation with the fun of a limited edition line ...

I am grateful for the luck I have had.
It's also worth mentioning that due to the nature of Instagram and the way it's algorithms work...growth is exponential. It took nearly 10 months of aggressive engagement to get to 10k followers, where it took only 3 months to get another 20k. Posts are also listed most popular first and that's what gets you on front page of Instagram. I saw a guy go from 600-16000 followers in a day because his photo got featured on the front page of IG under explore. You can't compare Flickr this way.
 

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