Copyrighting photographs

Lauren (BeautyBrains)asked the question about copyrighting one's photographs. This is a topic that comes up all the time with photographers. There are a lot of references that can be searched on the internet, but I'll give the quick and fast of it here.

Once you press the shutter button of the camera and expose the scene, your photograph is copyrighted. You own the rights to that image whether digital or film for life until you sign it over to someone else. The copyright lasts for 75 years and can be extended for one additional period of 75 years by the copyright holder, or his designee after death. This process costs nothing and requires no special action.

There are some things that will help you out if a question over copyright ever arises. First and most simple, you should give notice of your copyright using the (c) symbol and your name every time a picture is used. You can also apply for an official copyright from the US Copyright Office. You can do this by sending them a form with a CD containing your images.

The thing that I don't like about that last part is that it just becomes too cumbersome to send a CD containing all my images when I shoot 2-3 thousand a year. An option here is to make sure you keep the original photo file that contains the stamp of when it was taken along with the exif data. By doing that, you can prove the origin of the image in court. Having the copyright on file, just simplifies that process if litigation occurs.

A bonus piece of information...

You can sell a license of your photo for multiple reproductions to anyone you wish. You can stipulate how the photo is used, and where it is used, along with how many reproductions in some cases. If they go outside of this licensing, then they are in violation of your copyright and subject to penalties.

When you submit photos for stock photography agencies, you are giving them the right to license the photo, not the copyright itself. The conditions of that license are explained by the stock photo agency, and you have to agree to all terms before they will use your images. you still retain the copyright and can use and sell the photo as you see fit....unless you waive that right in the terms of agreement with the agency.

That turned out to be more than I anticipated. I hope it all made sense, since I am at work and typing in a car.

NCPhotoTrekker wrote:

........An option here is to make sure you keep the original photo file that contains the stamp of when it was taken along with the exif data........

OK. I'm gonna look real dumb here, but I got to ask, cause I don't know What do you mean with 'original photo file' when you're using a digital camera? I erase my photos soon as I have transferred to the pc

Now, suppose my pc crashes: then -if you mean this is the original photo file- it's gone...

Btw: thank you for this great piece of information. Never knew it.

The original file is what the camera captured which still has all the exif data attached. This file is created by the camera, and then copied to a more permanent source (hard drive, CD, DVD etc). Always keep these files, even if you crop, tweak, whatever. I don't keep the originals on my computer, but I have them on archival CD's.

Yes, if you only keep your originals on your computer hard drive and it crashes, then you no longer have that original untouched file. If somebody snagged one of your pictures from a flikr album or something and used it for monitary gain, you would be hard pressed to assert your copyright on that image.

Oow.. I see Well, that's what I got then and may be in for, but 'luckily' enough my photographing qualities aren't that great that someone would actually WANT to use my photos

Good to know though, cause who knows what the future might bring, thank you

chica wrote:

but 'luckily' enough my photographing qualities aren't that great that someone would actually WANT to use my photos :laugh:

Don't be so quick to say that. I remember several of your photos to be quite good and possibly marketable. With the internet, it is quite easy to "snag" a picture and present it as your own, or even just use your picture in a way you never intended or would want.

Yeah, I had that once. I used a pic I plucked off google and placed it somewhere to visualize what I was writing about - well, sure enough I got an email Only thing is I didn't know

This just illustrates how easy it is to grab ahold of somebody elses picture and make it your own. It is just that easy to get a picture and put it on a commercial web site which could then be construed as using the picture for financial gain. At that point, it is very easy to seek financial restitution from the company or individual that took the picture. Fortunately, you weren't using it for gain, and you were not sued. However, just because that wasn't your intent, doesn't mean legal action can't be taken...its just harder to be awarded damages.

Well, I don't know. Aren't there any programs that warrant against invalid use of such picures? I mean if they are appearing on google just for 'takes' without any warning not to use them, for sure more people around the globe can easily be mistaken, no Greg? I mean, what's the use of having your picture appear on google is not for the use of people? Just to show?

Thank you. It is good to know that my photos are copyrighted as soon as I pressed the shuttle. I've thought about using the copyright symbol followed by my name on my photos when I send some as gifts. Good marketing for me!!

Have you since made more photos, Lauren?

I uploaded a photo I found on my computer. I've taken some shots in the bathroom. For one photo, I wanted to capture the twirl of the water going down the tub drain. I aimed for a crisp and clear photo. It appeared rustier than that.

Post edited by: BeautyBrains, at: 2007/03/31 00:33

chica wrote:

Well, I don't know. Aren't there any programs that warrant against invalid use of such picures? I mean if they are appearing on google just for 'takes' without any warning not to use them, for sure more people around the globe can easily be mistaken, no Greg? I mean, what's the use of having your picture appear on google is not for the use of people? Just to show?

There are ways around computer programs. Google just uses them to link to the home site of the image. It is illegal to snag one of those pictures, even though linked from google. That is why I name stamp my stuff so there is no question of who it belongs to.

Good information PhotoTrekker.

About storage, I never store anything on the computer tower, I store everything in three places, two external HD units, both with everything RAW and JPEG files, ordered images prepared for the lab, everything in both external HD units.

Also I burn a DVD of the folder for additional storage.

To protect my photo computer, I never visit the Internet other to work on my own website to add and change things with it only.

Since my site is safe, I do not have any security software on my photography only computer, this allows the computer to get the very fastest speed possible out of all my photography software.

Again that is safe as long as you do not surf and stay connected to the Internet.

This also keeps your computer from crashing, another computer carshing risk is bootlegged programs, use only authorized software that you are licienced to use, bought from the true distributor, don't buy CS2 for $49 you will get a bootlegged copy that can cost you in the long run.

Without security software on your computer, you will be amazed at how fast it will perform, it's no april fools that I am talking about either.

I have a second computer for Internet use, I use one keyboard, one set of speakers and one monitor but by having a KVM switch I can press a button and switch from using one computer to the other, using all the same equipment as I just mentioned.

I did this early last year, and it was the smartest thing I have ever done.

I had experienced computer crash problems every year, and such slow down of the programs due to spyware, and firwalls and all of that. I had replaced computers at the rate of about every 6 months when I was using one computer to do everything.

Lauren, I'm very much impressed. That is ONE GOOD photo. Really!! I love it. A different - not everyday with the eye to be seen - view of something very 'common'. That's a category that is my favorite! And, your above photo is doing this very effectively and sharp, but still mysterious. Very good. Thanks for sharing it

Thank you!!!

While your work is copyrighted when you make it, In the USA, in order to take an alleged copyright infringement to court, you MUST register the image/copyright before the court appearance.

All copyright cases are taken on a case-by-case basis.

pico wrote:

in order to take an alleged copyright infringement to court, you MUST register the image/copyright before the court appearance.

All part of the court proceedings. They don't HAVE to be registered at the time the copyright is assumed.

Is't the question here if copyright is automatically registered to the original photographer of the photo or he actively needs to apply in certain procedures in order to legally make it his?

chica wrote:

Is't the question here if copyright is automatically registered to the original photographer of the photo or he actively needs to apply in certain procedures in order to legally make it his?

Once the photographer presses the shutter button and captures an image (either film or digital), the copyright belongs to that photographer until such time they relinquish it. There is nothing that has to be done to make it "official", but by registering it with the US Copyright Office, you will make things easier in the event of any challenges.

I see. OK, thanks for that explanation, Greg

I must add that every country may have changes on the copyright laws.
On a part of the Israeli law, by the way, if someone 'order' a photography job from you, and nothing else was set, the one who ordered the job will hold the rights for the photos.
Only if you set and wrote it before the work, you'll own the rights...

Hmmm... somehow this makes sense as well...
Difficult.

Very true, each country has different copyright laws. usually the jist of them is the same, but this is very much different from how the US and UK handle it.

Actually,
some of the copyright law here is based on the Britian law. Well... they've been here 30 years...
The part for the photography, added only years later.


Yaad

Another example of the importance of registering your images.

Full article:
http://http://www.pdnonline.com/pdn/ newswir..._id=1003650053
Excerpt:
A jury in Seattle awarded a photographer $1,315,800 in a copyright infringement lawsuit Thursday.
(The jury) awarded Shugart damages of $500,000 for removal of copyright management information and $303,000 for failure to return images. The jury also said Shugart is entitled to $500,000 in statutory damages related to the copyright infringement.

Shugart says he learned the benefits of registering his images with the U.S. Copyright Office, since he was not able to defend his copyrights in the suit without having registered the images first.

"Register your image as soon as you possibly can," Shugart advises.
__________________


Hello All....


I am the photographer of the subject lawsuit...I want to say that people have to watch out the information they disseminate....more specifically any implication that you don't need to register because you can prove the images are your by other means.....this is just flat WRONG.......you won't ever get infront of a jury without the registration, because the court will lack jurisdiction without the registration.

I am going to endeavor to participate in the discussion as I have time....I would ask all to post a link to this discussion on their web logs and web sites so that this may become a clearing house of proper information about the registration requirements in the US...."The Emperor Has No Cloths" and the very beginning of title 17 under the copyright laws it states that copyright is vested the instant that the image is recorded on a permanent medium, and implies that it is copyright protected from this point on. This is just flat wrong....it only has protection when it is registered, as you can not get to a trial by jury until it is registered.

I my self fell victim to all of the mis-information ....my statutory damages came as a result of the new usages that happened only after I registered....I didn't get a dime for 1,000's of infringements that were committed before registration, nor those images where the infringement was a continuation of infringement of the images that occurred before registration.

This is why I ask that all point to this discussion when ever they can so everyone endeavoring to become a photographer will be alerted to the fact that registration is mandatory if you desire to protect your copyrights.


Thanks for now....go seek legal advise before there is a problem...just like it is always cheaper to ask for permission than it is to ask for forgiveness.

Lloyd Shugart
Photographer





NCPhotoTrekker wrote:

Lauren (BeautyBrains)asked the question about copyrighting one's photographs. This is a topic that comes up all the time with photographers. There are a lot of references that can be searched on the internet, but I'll give the quick and fast of it here.

Once you press the shutter button of the camera and expose the scene, your photograph is copyrighted. You own the rights to that image whether digital or film for life until you sign it over to someone else. The copyright lasts for 75 years and can be extended for one additional period of 75 years by the copyright holder, or his designee after death. This process costs nothing and requires no special action.

There are some things that will help you out if a question over copyright ever arises. First and most simple, you should give notice of your copyright using the (c) symbol and your name every time a picture is used. You can also apply for an official copyright from the US Copyright Office. You can do this by sending them a form with a CD containing your images.

The thing that I don't like about that last part is that it just becomes too cumbersome to send a CD containing all my images when I shoot 2-3 thousand a year. An option here is to make sure you keep the original photo file that contains the stamp of when it was taken along with the exif data. By doing that, you can prove the origin of the image in court. Having the copyright on file, just simplifies that process if litigation occurs.

A bonus piece of information...

You can sell a license of your photo for multiple reproductions to anyone you wish. You can stipulate how the photo is used, and where it is used, along with how many reproductions in some cases. If they go outside of this licensing, then they are in violation of your copyright and subject to penalties.

When you submit photos for stock photography agencies, you are giving them the right to license the photo, not the copyright itself. The conditions of that license are explained by the stock photo agency, and you have to agree to all terms before they will use your images. you still retain the copyright and can use and sell the photo as you see fit....unless you waive that right in the terms of agreement with the agency.

That turned out to be more than I anticipated. I hope it all made sense, since I am at work and typing in a car.

I want to also add that webmasters of forums such as this one could deter the uninformed theives by posting a copyright on each page to help protect the members.. In my infringement I have contacted countless webmasters and informed them of the infringement.. The webmasters have been real cooperative and don't want a bad rep for allowing infringement.. I have also added a copyright notice to my signature so it appears every time I post.. Registering your copyright will get you the big bucks but only having proof of ownership is good enough for a request to stop using the image.. It's called Intellectual Property and it's still unlawful to use it without permission..

I think that is a very good idea. Chica, what can we do to make that happen?

I think that would be possible. Certainly I'd like to protect the rights of the members here. Only I can't get a clear idea in my head how to do so Will this mean an automatic message appearing .... where? On each topic a member opens for example? How can that be enforced though?

Many questions, but the willingness to provide this feature, so let's hear it...

Each page could say 'All Images and Text are Copyright Protected' See that © for the photographyboard at the bottom of the page? It could go there. Or better yet.. Under the Title.. When you have a notice people are less apt to lift the images because the notice will bite 'em in the butt later.. Thanks Chica! This would be way cool! Leaving my copyright in my posts is just added protection.. Excellent!