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Author Topic: Copyright protection of photos  (Read 5098 times)

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« on: August 26, 2008, 11:32 »
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I have done some goggling on copyrighting your photos, but not have had any luck finding finding the following information: I had someone say with the new copyright laws you do not need to send to Washington pictures and have them copyrighted they are still protected. Another says that the pictures are yours, but  your are unable to sue for someone using your photo withour your permission. Can anyone direct me to a site or sites that can tell me if you have to copyright your photos and what happens legally if you don't. Thanks


« Reply #1 on: August 26, 2008, 11:43 »
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Copyright is a complex topic.  Scott Kelby's blog (scottkelby.com) had an interview with Ed Greenberg several months ago (also part of a photoshopusertv podcast as well), Ed is an intellectual property attorney and he gave some good advice to follow.  Also there is another blog of interest photoattorney.com and Carolyn Wright has good advice there.

The short story is you have the copyright when you click the shutter.  If you are infringed, you will need to register within 90 days to get more damages, if you do not register you will get less damages. 

Scott

« Reply #2 on: August 26, 2008, 12:34 »
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The short story is you have the copyright when you click the shutter.  If you are infringed, you will need to register within 90 days to get more damages, if you do not register you will get less damages. 
It's the difference between getting actual damages (which would most likely be low) and statutory damages (which is where the real money is).

« Reply #3 on: August 26, 2008, 21:24 »
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Thanks for getting back to me. It was a big help.  Michael

« Reply #4 on: August 28, 2008, 23:52 »
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Bottom line, it is $35 bucks every 3 months to register the copyrights of everything you could possibly publish in the quarter. $35 and a few minutes filling out a simple online forum and then burn a disc of thumbnails and mail them off and you are fully protected. The way I see it is there is absolutely no reason not to register your copyrights. You can even do it all online now but it seems the US Gov has not yet caught on to FTP or Java based uploading and is using an HTML up-loader which is a pain if you are registering a large collection. So I simply do the forms and payment on line and then mail the hard copy DVD. Easy, Breezy, Copyright!


« Reply #6 on: April 27, 2009, 03:39 »
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Bottom line, it is $35 bucks every 3 months to register the copyrights of everything you could possibly publish in the quarter. $35 and a few minutes filling out a simple online forum and then burn a disc of thumbnails and mail them off and you are fully protected. The way I see it is there is absolutely no reason not to register your copyrights. You can even do it all online now but it seems the US Gov has not yet caught on to FTP or Java based uploading and is using an HTML up-loader which is a pain if you are registering a large collection. So I simply do the forms and payment on line and then mail the hard copy DVD. Easy, Breezy, Copyright!

You could pack the thumbnails into a zip file and upload them perhaps?!  That way there is only one file to upload.

« Reply #7 on: April 27, 2009, 06:06 »
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The problem is how do we register a collection of thousands of already published photos if we didn't register them continuously every three months?

tan510jomast

« Reply #8 on: April 27, 2009, 09:08 »
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good subject. i may be wrong, but the problem with indemnity is the ability of the infringer to pay. like music, it really isn't worth the time and money unless you are talking about some big corporation or person(s) you can sue. and as such, it's highly unlikely that a large corporation (usually having legal advisors) will be committing such offense.

« Reply #9 on: April 27, 2009, 11:33 »
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Register photos you already have copyright to. Are you kidding me :D :D :D  Id never do that if someone gave me 1 trillion $.  Ok, maybe I would...

« Reply #10 on: April 27, 2009, 12:38 »
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Just do what Photoshow says.

You will thank him one day! Trust me.

« Reply #11 on: April 27, 2009, 17:56 »
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I know a guy in USA who register his images and he won a sue of a few thousand dollars.  Not a microstock thing though, as he isn't in this market.  That's when I lernt about this sending-a-CD thing, although there are images that he register differently (I don't remember why).

I don't know if we have something similar in Brazil - would I be able to register in USA?  When one registers his images in a country, does this automatically give him protection everywhere? 

« Reply #12 on: April 27, 2009, 19:04 »
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I know a guy in USA who register his images and he won a sue of a few thousand dollars.  Not a microstock thing though, as he isn't in this market.  That's when I lernt about this sending-a-CD thing, although there are images that he register differently (I don't remember why).

I don't know if we have something similar in Brazil - would I be able to register in USA?  When one registers his images in a country, does this automatically give him protection everywhere? 

I believe you can register in the US from anywhere in the world.

Use a Voip software to call the copyright office in the US (or straight from your phone if you can afford it). They are very helpful and they can tell you for sure.

Once you have them registered in the US it will help a lot!

« Reply #13 on: April 29, 2009, 09:29 »
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Yep copyright law is very messed up and differs in many jurisdictions. You don't need to register anything in most places. In some areas (eg. UK) you can actually bring a criminal action for certain breaches of copyright. Registration in the US isn't going to help you for events that occur anywhere else in the world.

« Reply #14 on: April 29, 2009, 14:35 »
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Can someone take a photo of a poster or a painting if it is in a public place and put it up for sale?

« Reply #15 on: April 29, 2009, 14:59 »
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I think it seems someone find a way to get some extra cash from poor photographers.  35$ every 3 month ??...  And whatabout copyright in the rest of the world... 


 

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