News Story - On Copyright Issues

[bmattock]

Photo District News - Photographer Wins Settlement

Photographer Wins Settlement for Images Used on Travel Web Sites

September 12, 2005

By Daryl Lang

A few photos of the exterior of a hotel turned into a multi-year legal battle for Brian Harness, a commercial photographer based in Dallas.

...

The case, while not precedent-setting, is a reminder of the importance of registering photographic work with the U.S. Copyright Office. Photographers stand to benefit when they can prove they registered an image before it was published.

"When you have to defend your copyright, it is stressful at times and it is time-consuming," Harness says. "But it is worth it. You have to do it."

...

Harness continues to register his work. As a routine, he mails a CD of his most recent photos every 90 days to the copyright office. It costs $30.

"It's very simple to do once you make it part of your workflow," he says.

Here's the URL for the US Copyright Office with instructions for photos...

http://www.copyright.gov/register/visual.html

Best Regards,

Bill Mattocks

 

[back alley]

ok, i realize this is a dumb question but...do you have to be an american to copyright your pics in the states?

joe

 

[MacDaddy]

No. I worked for over 5 years with several international ad agencies where copyright was ALWAYS an issue. Just follow the same steps as described in the link to the goverment copyright office.

 

[RichardS]

But what was the fight over Harness' picture about? Anyone know?

Dick

 

[Erl]

I always thought/believed, 'intellectual property' was just that!

If its my creation, you use at your peril without my permission. Copyright is automatic. Formalizing it may act as a visibly deterrent, but not necessary.

Enforcing it is usually "little you" against "big them."

Sometimes, just moving on is easier, with less trust than you had.

 

[lubitel]

Copyright office? 30 bucks? I always thought it was enough just to write that its copywrited, or sign your work. For example paintings, as long as its signed nobody has the right to reproduce it without your permission.

Is this copyright international then?

 

[Kat]

I'm not sure, but I think a photographer automatically has a right over his/her work; however, registering it would allow you to have a stronger claim as you can prove more conclusively that the work is yours and it existed prior to the unauthorized usage. Not an authority, just my thoughts on it...

 

[Kat]

I'm not sure, but I think a photographer automatically has a right over his/her work; however, registering it would allow you to have a stronger claim as you can prove more conclusively that the work is yours and it existed prior to the unauthorized usage. Maybe more protection for your work. Not an authority, just my thoughts on it...

 

[bmattock]

To answer some questions - first, I am not a lawyer. But I obtained and read a book recently "Legal Handbook for Photographers: The Rights and Liabilities of Making Images" by Bert Krages, who is an attorney. As I understand it:

1) No, you don't have to be a US citizen to register your copyright in the US.
2) Yes, your photos are copyrighted the instant you take them.
3) Placing a copyright notice on your photos does not convey any additional right or privilege, but many people do it to serve notice that the image is theirs.
4) The reason people would go the extra step of registering a copyright is twofold; first, it allows you to sue for damages and not just loss of use, and second, it is easier to get an attorney to take your case if you can absolutely prove the photo is yours.

Anyone can say "I took that photo." If you place a photo you took on your website and someone takes it and puts it on their website, who is to prove which one is the original? If it is a scanned photo from a negative or slide, your original slide or negative is absolute proof. But what about digital images? That's why I put a copyright notice in the EXIF metadata area of my digital photos - but it could always be erased by someone intent on stealing my photo.

I don't want to scare anyone - most of us will never have a problem. But I do know that people like Karen Nakamura and Stephen Gandy have ongoing problems with people using their photos and prose in eBay sales - sellers just lift and cut-n-paste without regard for the owners. So just having copyright is not the absolute end of the problem - the second part of the problem is in enforcing it.

As to the question asked about what the original problem was - um, you might want to follow the link and read the article.

Best Regards,

Bill Mattocks

 

[RichardS]

As to the question asked about what the original problem was - um, you might want to follow the link and read the article.

Best Regards,

Bill Mattocks

I completely missed the link when I first read your post, but have now have read the article.

Dick

 

[bmattock]

I completely missed the link when I first read your post, but have now have read the article.

Dick

Sorry Dick, I didn't mean that as a criticism - no offense intended! I have noticed a tendency of late for people to refuse to do any of their own research - demanding instead that other people do the investigation and post the results in a thumbnail sketch. I have done that for some time, but haven't the time anymore. I figure if people don't know how to follow a link or use Google by now...

I'm sorry my link wasn't obvious - I'll try to make it more so in the future!

Best Regards,

Bill Mattocks