I recently came across some online articles that are 10-12 years old, that feature Urban Outfitters’ marketing technique: using photos social media users tag them for selling products.
Last year I did TFP with a model and found out that they tagged UO who used my photo.
In the case for social media users, is this ethical? I get making money off of customers and bringing attention to their products, but is there a limit?
Can registering copyright stop them from using my photo? In my case, how do I proceed with this?
Did UO uses your photo in an adversting campaign direclty. I.E print adds, store displays, banner adds etc…?
Or did UO’s social media account feature photos posted by others as examples of their community social and call out that model’s account or repost that photo on social media with a link back to the models profile?
In the first case I think you have a strong argument for a case and you should talk to a copyright lawyer about your option.
In the 2nd scenario it’s likely to be a lot more vague, again a copyright lawyer about your options.
I am assuming you TFP allowed the model to post to social media. Many social media companies basically require that if you upload the photo they can display it on the site. Someone else reposting a photo under a different account on the same site(s) is a very grey area.