Sep 062017
 

If you go to any stock photography site, free or paid, you’re going to find a lot of sad, uncreative results for “sex toys”. Existing photos most often feature outdated jelly sex toys; if there are people in the photo, they are thin/fit and white. If there are any decent images they’ve probably been used a hundred times by other companies. So what is a sex toy industry business to do?

Ideally, they take their own photos. Unless your entire inventory is drop-shipped, surely you have nice sex toys readily available for a photo shoot, right? Sadly we too often see companies, especially new companies, using Google Image (or Bing, whatever) as their “stock image” pool with the mindset that “if it’s on the Internet it must be free for everyone to (ab)use”.

And before we get too far, it’s not just sex toys. We’ve seen companies grab images of people for their social media persona. We’ve seen companies use images of people on their business website! That shady, gross UK glass seller used a commercial image of Jennifer Lopez for years. Years! We’ve seen Charlize Theron’s Dior image used by the first owners of sex toy brand Dorr. 

Hot tip: Your ignorance on Intellectual Property / copyright law does not give you a free pass, an excuse, or the right to do as you please. You are a business, for fucks sake. Behave professionally! 

There are three ethical and legal ways to use images on your social media account or website:

  1. Take or create the image yourself
  2. Purchase from a stock photo site or download from a Creative-Commons free stock photo site
  3. Pay for limited use rights to an existing photo and include attribution links to the content creator

That’s it. It’s that simple.

So let’s say you just can’t find a cool photo that fits your style and you don’t have the means to create the image yourself – how about finding the owner of the image you yoinked from Google Image search and ask for their permission to use it? You should expect to pay them and/or provide an attribution link. If you are a truly ethical company you will insist on paying them and giving an attribution link. Many bloggers take amazing sex toy photos and some may be very open to an ethical business proposition!  It is not hard to find the original owner – there are a number of good Reverse Image Search tools to use – even Google will do that!

Recently one new company tried to use an image of Epiphora’s that contained a one-of-a-kind item which friends and avid readers will recognize: the sex toy bouquet Aerie made for her. When confronted on Twitter about their random use of this image they claimed that they “found this cool image as stock online and used it for a quick tweet!”. Five minutes and two reverse image sites later proved that Piph’s photo was never on a stock website and, in fact, seems to only have been on her site (and visible in Google Image search) –  I couldn’t find evidence that it was used elsewhere without attribution.

Copyright and Instagram

While we’re on the touchy subject of copyright and photo use, let’s also talk about Instagram. You see, Instagram doesn’t have a built-in feature for “re-blogging” or sharing someone else’s post the way Twitter, Facebook and Tumblr do. Yet folks have created add-on apps to break this and get around it. Some re-gram apps will add the original owner’s Insta handle to the photo itself. Some will also/instead add a link to the original account in the image description. Other apps do none of this and do not give attribution to the original owner of the image, relying on you to do that – and many of you do not. 

The simplest fix here is this: Use only re-gram apps that heavily attribute (in the decription, not a comment) AND ALSO ASK PERMISSION FIRST. When you set out to use an app in the way it was never intended it is just good ethics and good business to ask before you put someone else’s photo on your Insta profile. Ideally, though, you should just create your own content – that’s the entire point of Instagram.

If you use other people’s images and don’t obtain consent you could end up losing your Insta account and users can file takedown requests when they find their stuff being used.

Watermarks are Not Attribution

Many bloggers will add a copyright watermark to their images – I do for most of mine. This does not count as “attribution”. Unauthorized use of these images still counts as copyright violation and image theft and, if the owner reports you to your hosting company, will end in the hosting company forcibly removing the protected content from your site. If you do this too much your hosting company will shut your site down.

Attribution is Not Permission

You may be thinking here that the key to being a good, ethical company is to use our photos but tell people they’re ours. It’s not and content owners can still file (and win) DMCA takedown requests with your hosting company if they don’t consent to their photo being used for your gain.

Permission, or let’s call it a word you may hear more: consent, is crucial to ethically using other people’s work. They may say no. They request payment. But you absolutely must respect that. If you can’t respect copyright and simple consent how is a blogger or customer supposed to trust you?

Creative Commons

The idea behind Creative Commons is to have free, legal content of all types on the Internet for people to use. One key tenet of Creative Commons licenses is that the person using the thing must give proper attribution to the creator. They don’t need to ask permission, because the Creative Content license note on the person’s website acts as the permission. Many bloggers choose not to use this, however, and that is their right.

The content creator needs to go to the CC website and decide how “open” their content is going to be. CC explains it:

Creative Commons provides a range of licenses, each of which grants different rights to use the materials licensed under them. All of these licenses offer more permissions than “all rights reserved.”

Does This Apply to Me?

While the subject of my ire here is aimed at businesses the etiquette and law of copyright, attribution, and permission applies to anybody on the Internet. The incorrect assumption that because it’s “on the Internet” it’s free1 for the taking is not just wrong, it’s illegal. Copyright is real and enforceable. The copyright owner needs to do nothing but show first publishing to prove ownership. Web hosting companies are required to take this seriously and most do.

 

  1.  Quick litmus test to know if someone is an asshole: They’ll tell you a version of “If you didn’t want people to use it, you shouldn’t have put it on the Internet”.
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