Copy cat
Photographer’s battle with copyright infringement
November 13, 2019
Photographers worldwide are trapped in a never ending cycle in which they must endure the pain of copyright infringement. Whether a photo you took on Instagram is reposted without your consent, or you encounter what happened in my personal experience, your photo being used by a celebrity in a YouTube video that they will profit from, work is stolen from creators on a daily basis and is often looked over.Â
Copyright is the law that protects a person’s ownership of a creation they’ve made, whether it’s in artistic, musical or literary form. The individual that stole a person’s work can be fined between $200 to $150,000, the infringer could have to pay all attorney and court fees, the Court can issue an injunction to stop the infringing acts, the Court can impound the illegal works or the infringer can be sent to jail.
On Nov. 4, YouTuber Miranda Sings shared a video with her 10.8 million subscribers about her process of becoming a VSCO girl. At 4:53 in the video, she used a photo that I took for a culture story on the Tiger Times Online website. My first reaction was pure excitement that a celebrity I love has used a piece of my work in her video. I went to the description in the hope of seeing my name listed for photo credits, but it was not there.Â
Copyright infringement is more common amongst celebrities than one may think. In the past, well known celebrities such as Taylor Swift, Khloe Kardashian, Jennifer Lopez and more have been charged to pay because of occurrences where they stole the paparazzi’s pictures, artwork or they created unoriginal merchandise. Â
To many people, a celebrity using your work sounds like a dream, however, if you don’t receive the credit you deserve for your work, that celebrity can make a profit off of something that includes a piece that you created. The majority of people lack education on the rules and reasoning behind copyright, so they continuously remain unaware that they’re breaking the law.
 If you feel that you might be in a circumstance where you need to file a report for copyright infringement, you can complete a form from the U.S. Copyright Office where you have to state the author, title of the work, the type of work, the publication details (if it has been published) and the year of completion.
To all of the photographers out there, never be afraid to stand up for your rights and fight for the credit that you deserve. In today’s society, photos will be obliviously shared across different platforms, their original owners lost along the way. There’s no escaping copyright, but if a photographer keeps their mind focused on taking the perfect photo, they better be prepared to fight for their ownership.
James Britton • Dec 22, 2019 at 8:20 pm
I found this article while researching what happened Elton Miranda Sings’ VSCO Girls video. My daughters loved it and wanted to share it with others. They were disappointed to learn it had been removed from YouTube.
I’m pretty sure the author/photographer Peyton Sims could’ve worked out a revenue sharing deal with Colleen Ballinger (Miranda Sings). Let’s do some quick math in a hypothetical scenario: according to Influencer Marketing Hub (https://influencermarketinghub.com/how-much-do-youtubers-make/) the average CPM (cost per thousand impressions) is $3-5. A recent video from Miranda Sings about TikTok videos (an equally trendy topic such as VSCO girls) has garnered 40 million views in a year.
40,000,000 / 1,000 = 40,000 (calculating CPM)
40,000 x $3 (the LOW end estimate of CPM. Popular YouTubers likely earn much more) = $120,000. You just left a lot of money of the table for a photo that was shown for a few fleeting seconds by one the top YouTube stars. Even a fraction of this would be a good chunk towards college tuition. Peyton Sims might want to reconsider her copyright infringement case against Ms. Ballinger and reach out to her to cut a revenue sharing deal.