In this digital era, photos are an essential part of any content. Every day millions of people are sharing, uploading, downloading, and using pictures in any way.
With this use comes abuse of pictures. Watermarked pictures can be tampered with to remove the watermark in Photoshop. But the question arises here; is it illegal to remove a watermark?
Here we go.
What is Watermarking and Why is it Important?
A watermark is a logo or text on any document or photo. The logo or text is overlaid on the paper or image with photo editing tools like Lightroom, Photoshop, etc.
Photographers or authors watermark for two reasons:
- To prevent copyright infringement
- To create an indelible mark
Watermarking images is an effective way to prevent image theft and protect copyright. However, some photographers still put their names in the center of each image (and even bigger). This way, if used, these images will still show the name of their creator.
But other than these, there are several other reasons for using watermark:
- Build a successful branding
- Stop unauthorized uses
- Stop the abuse of photos
Is it Illegal to Remove a Watermark?
The answers are debatable. Some believe that removing a watermark is not a criminal act itself. But, in reality, it is one kind of breach of license terms.
When you remove a watermark from a photo to use it for your personal or business purpose, it’s a crime. If the owner of the images doesn’t give consent or is unknown about the act, it is stealing. It can be booked as ‘Willful infringement’ and charges brought – see here for more information. This can cost you huge money for each image.
What does the law say about it?
According to the US Copyright Act, section 1202, removing a watermark without the owner’s permission is illegal.
Section 1202 of US Copyright Act (Integrity of copyright management information) states that:
- No one is allowed to intentionally remove the watermark or copyright mark without the permission of the owner. (Section 1202. B.1)
- Also, they can’t distribute, share, copy or reform any part of the whole property, including removing the watermark. (Section 1202. B. 3)
Penalties of the crime
The exact section gives power to the court to take action against the person accused of the crime. If proved, he may:
- Have to compensate the owner for his loss
- Compensate for statuary damage and any other additional damages
The compensation may rise to $25,000 for each image violation.
When is Removing Watermark Not Illegal?
But there are some factors to consider before concluding. Several issues can make this legal. For example:
1. Removing watermark from your images:
Removing a watermark from your images is not a crime. However, suppose you have some pictures with watermarks of which the originals are lost or destroyed. Now you want to remove the watermark and make the image original. In this case, there are no boundaries.
2. The copyright situation is blurred:
There are some images with a watermark that is not well-defined or has a situation called abandoned copyright. For example, the logo is dead, i.e., the company doesn’t exist anymore.
However, there might be some gray lines here. This point is unclear as even if the company is out of business, the properties must now be someone else’s. But you can use it based on the lack of the source.
3. For practicing purposes:
Let me tell you first – this is not an ideal scenario. If you download an image with a watermark and use it to practice the removal of the watermark, it may be okay. But it is still illegal at some point. So make sure you don’t use the edited photo for any purposes which can land you in legal trouble.
How to Create a Good Watermark?
A watermark should be minimal and elegant. Be careful with the colours, the choice of font, and iconography. Avoid anything that might distract the viewer from the image. Instead, create something clean, classic, and legible.
You no longer have an obligation to say something about the technical aspects of your work. But be sure to include relevant information.
For example, if you have a very common name, include your site URL. You want to drive traffic to your site, and you want people to come back and look at you and your work.
Watermarking in a sophisticated and designer way means that it doesn’t get drowned by others.
Also, remember, the easiest way to remove a watermark is by cropping a photo. Most of the time, the watermark is at the corner of the image. Make sure the mark is in the middle or over the image, so cropping can’t work.
Conclusion
The line between right and wrong is sometimes very confusing. While using free stock photos are legal, manipulations may not be. So, before you start anything, be clear whether it is illegal to remove a watermark?
Hopefully, now, you will have a fair understanding of when it’s legal and when illegal. Be careful out there.
