Copyright question

[Krasnaya_Zvezda]

Several web sites have contacted me about using a shot I recently took of Cindy Sheehan, including her own website. I am wondering what I need to do to protect this photo.
I've heard it said here that "it's copyrighted if you say it is", I take that to mean a notice of "Copyright 2005, Krasnaya Z." or "All Rights Reserved, Krasnaya Z" placed on or with the photo?
I know that on Usefilm, when I post a photo, it will automatically place a copyright notice in the photographer's name under the shot. This photo is on Usefilm with that copyright notice under it, does the fact that I posted it on such and such date with that notice there protect it?
Do I need to do more than this? So far this is just for web use, I imagine publishing in print might be more involved. Advice appreciated.

 

[Krasnaya_Zvezda]

Thanks for the link, G-man. 30 bucks a photo? Glad I don't have 20 of them to do.

 

[Krasnaya_Zvezda]

Looking at the form, I don't see anything about multiple photos, but: I find the quote "accompanied by a deposit consisting of copies representing the entire work for which registration is made."
This brings to mind something we poor musicians used to do back in the '80s. Get a tape of ten songs or so, call it a single work such as "Collected songs of KZ", and thereby get all ten done for the price of one, which was $15 at the time.
Wonder if I took 20 photos and called them "Collected photos of KZ" or something, and submitted it. They might reject it, but then I'd just have to go back to original plan.

 

[bmattock]

Wait, stop. Your photo is copyrighted (in the US) when you take it. That's the actual law. Filing a copyright is a formality that can make proving ownship of the copyright easier and make more of a bang-zoom to recover damages if your copyright is infringed. I am not a lawyer - but this much I know and it's easy to google on it. I understand the desire to protect your work by 'officially' copyrighting it, but you neither have to post a copyright notice nor file paperwork to do so - it is already done when you took the photo.

Don't forget that you can add EXIF data such as copyright information to the image itself. This cannot be 'seen' in the photo by a person viewing it, but can be examined in the metadata. It can be removed again by manipulating the photo, but the original will still have it, as will your copy, presumably.

Consult with a lawyer if you feel it necessary, but you have copyright already.

And congrats on your photo!

Best Regards,

Bill Mattocks

 

[Krasnaya_Zvezda]

Bill-
I always thought being able to produce the negative would be proof enough, and in this case it is a film shot. I can add the EXIF data in PS, thanks for the tip. Any dissemination of this shot will be digital anyway.
It may be alot of misplaced concern, but I just wanted to make sure I'm covered, you never know what might happen. Between you and Greyhoundman, I think I've got the answers.
Here's the photo, by the way. Not shot with an RF, or I would have put it in the gallery here, but with my Nikon N75.

 

[pshinkaw]

I am a lawyer and I practice some intellectual property law.

There are two forms of copyright in the US. Common Law and Statutory. The protections are slightly enhanced if you elect a registration (statutory). Also, enforcement can be easier if you elect to register. Nonetheless there is still legal protection if you elect only Common Law protection. By international treaty, there is copyright protection outside of the US for US copyrght works and protection in the US for foreign (outside of the US copyright works) between signatory nations to the treaty.

There are also Trademark/Servicemark issues than can cross-over into Copyright issues. If you have a concern about the details, and you have something valuable to protect, you should take the facts to a a qualified intellectual law practitioner in your jurisdiction.

One size does not fit all, or even most.

-Paul

 

[T_om]

Thanks for the link, G-man. 30 bucks a photo? Glad I don't have 20 of them to do.

You can send in whole DVD's full of photos, not just one at a time.

Tom

 

[weisgrau]

I suggest that anyone interested in Copyright

visit this link for an abbreviated guide

http://www.istep.com/photostop/Legal/asmp.txt


or visit this link for a tutorial

http://asmp.org/commerce/legal/copyright/

If you really want to know about it in detail visit both links in the order provided.

 

[bmattock]

You cannot sue for damages without the form being filed. You can sue to stop it's use though, at your expense.

But you can register the image with the copyright office after the damage occurs, right? Then you can sue for damages.

But anyway, point being, people are more protected than they think. Does it hurt to copyright officially? Not if you have the money and the time, as far as I know. Suspenders and a belt, but no harm done.

Best Regards,

Bill Mattocks

 

[kiev4a]

Simply putting "Copyright (or the CR symbol) 2005 (your name)" gives you legal standing. Actually, as someone else pointed out, anything a person writes or shoots is protected. But legal recourse gets easier the more you cover your bases --either through a copyright statement -- or with an official filing. Personally, I would only file the form if a photo is really unique and has a lot of market potential.
This is an interesting area with the popularity of digital cameras. With film, you have a negative has hard proof you took the photo. Not so with digital. All you have is 1s and 0s arranged in a particular order.

 

[djon]

Vodka and tonic, eh?

 

[Krasnaya_Zvezda]

Vodka and tonic, eh?

да, всегда!

 

[Krasnaya_Zvezda]

You can send in whole DVD's full of photos, not just one at a time.

Tom

Now there's a man with some fiscally sound thinking.

 

[bmattock]

...really unique...

Is that like 'kind of pregnant?' Seems like an image either is unique or it is not unique. There are no degrees to uniqueness.

😀

Best Regards,

Bill Mattocks

 

[chmeyer]

copyright

copyright

I hope you filled out form VA and sent off your disc before publishing the photo on this forum, which I’m guessing meets the qualifications for publication.
If not, you might have greatly diminished your ability to make future sales of your photo.
Now anyone with a website, blog or news site can download it or direct the browser to:

http://www.rangefinderforum.com/forums/attachment.php?attachmentid=10241

which will link to your photo. I did not see any visible copyright claim on your post, although I’m glad you have it included in the metadate. Photographers may look for that, but the general public or guy who publishes a "news" website out of his home may not. I doubt they will ask your permission or offer to pay you a reasonable fee for a limited use license and many non legal types won’t even know they have done anything wrong or what the photo may be worth to you in future sales.
By sending in your disc and $30 before hand you will have much stronger grounds for an IP lawyer to take your case, have an offending publication cease illegal usage, recover damages As Well As Attorney Fees.
Without form VA filed before publication, you may get what you think the photo is worth from an offending publication eventually and they may take the photo down from their site, but You may pay dearly in time and money spent going after them.
And the sites that don’t know any better may have already downloaded your image.
Just a warning to be cautious about how you post images if you want to keep control over them.
All the best,
Chris

 

[Krasnaya_Zvezda]

I hope you filled out form VA and sent off your disc before publishing the photo on this forum, which I’m guessing meets the qualifications for publication.
If not, you might have greatly diminished your ability to make future sales of your photo.
Now anyone with a website, blog or news site can download it or direct the browser to:

http://www.rangefinderforum.com/forums/attachment.php?attachmentid=10241

which will link to your photo. I did not see any visible copyright claim on your post, although I’m glad you have it included in the metadate. Photographers may look for that, but the general public or guy who publishes a "news" website out of his home may not. I doubt they will ask your permission or offer to pay you a reasonable fee for a limited use license and many non legal types won’t even know they have done anything wrong or what the photo may be worth to you in future sales.
By sending in your disc and $30 before hand you will have much stronger grounds for an IP lawyer to take your case, have an offending publication cease illegal usage, recover damages As Well As Attorney Fees.
Without form VA filed before publication, you may get what you think the photo is worth from an offending publication eventually and they may take the photo down from their site, but You may pay dearly in time and money spent going after them.
And the sites that don’t know any better may have already downloaded your image.
Just a warning to be cautious about how you post images if you want to keep control over them.
All the best,
Chris

You're right, I should have put something on the photo itself, so I fixed that. Thanks for the suggestion.
I doubt that I would ever know about it if anyone linked to it or put it on their blog, or whatever. I'm really more thinking about printed publications, and the posted file wouldn't provide a good print anyway.

 

[Poptart]

You cannot sue for damages without the form being filed. You can sue to stop it's use though, at your expense.

This isn't quite true.
The Berne convention laws are such that photographs are automatically copyrighted by their author. However, a name and year and the words or symbol for copyrighting, plus the term all rights reserved, should be on each of your photos in indelible ink.
Further, you can sue whether or not you register your image with the copyright office but you may only sue for punitive damages, not compensatory damages--meaning that in practical terms, a laywer who works on contingency--as is usual in copyright cases--will not take a case that pays him a perctage of nothing. If you have Disney or McDonald's money you can pay the lawyers yourself and sue just for the satisfaction.

 

[Krasnaya_Zvezda]

OK, I've now been contacted by someone who wants to use the image in print, so Form VA goes in the mail tonight.
Thanks to everyone who replied, this is why this forum is my all-time favorite: lots of good information, and friendly people willing to share their knowledge.