Let's Talk Copyrights

CT Disney · Jun 30, 2015

So many of you are such awesome photographers! I check the photography board frequently and started noticing something. Many of you copyright your work or signature it somehow; but many of you do not. If you do copyright your stuff, why do you choose to do so? And, is it just a matter of sticking your name on the photo...or do you need to go through some kind of photo registration process to make your copyright "official". Alternatively, if you don't affix your name to your images, why not?

Clearly I know nothing about this subject and was just curious.

Thanks again for all who post on the photography board. I love looking at the photos every afternoon while I drink my 4:00 coffee. :goodvibes

havoc315 · Jun 30, 2015

CT Disney said:
So many of you are such awesome photographers! I check the photography board frequently and started noticing something. Many of you copyright your work or signature it somehow; but many of you do not. If you do copyright your stuff, why do you choose to do so? And, is it just a matter of sticking your name on the photo...or do you need to go through some kind of photo registration process to make your copyright "official". Alternatively, if you don't affix your name to your images, why not?

Clearly I know nothing about this subject and was just curious.

Thanks again for all who post on the photography board. I love looking at the photos every afternoon while I drink my 4:00 coffee.

There is no requirement to "mark" a photograph nor register it. The creator (photographer) automatically owns the copyright regardless. Watermarking is just a means to reduce/prevent unauthorized use. Like putting a lock on your front door. You own your house whether the door is locked or not.

Good summary here:

http://www.bitlaw.com/copyright/formalities.html

elmoandzoey · Jul 1, 2015

What Havoc said. I used to watermark in the past because I had a very big problem with people taking my artwork and photos and even making money out of them. That was greatly reduced when I started watermarking my stuff. So I guess it's more to prevent people to take your stuff in the first place because you always own the copyright anyway, no matter what.

Gianna'sPapa · Jul 1, 2015

As much as possible, I try to limit access to my images. Those that I sell professionally and are posted online, are usually very low resolution with an obnoxious watermark. People still will take a screenshot and use it online. If they try to print it or enlarge it for use online it will be very pixelated. As far as a copyright, my name is listed in the EXIF copyright info for each image. I have never sold any Disney photos. I err on the side of safety. I don't need to be reprimanded or banned by Disney. I am primarily a motorsports photographer and stay within my little world.

CT Disney · Jul 1, 2015

Thanks everyone for all the great info. I really like the "putting a lock on your front door" comparison. Makes sense. It's sad that unscrupulous people will take advantage of technology and screenshot someone else's image illegally. Very frustrating for professional photographers I surmise. I wonder how you would even know if someone had done that? Just by stumbling across one of your photos on some random website by chance?

I also wondered if some people didn't want to put their names on their DIS images as it would eliminate the anonymity that this website provides. All of a sudden people would know me by my real name versus only my DIS username.

havoc315 · Jul 2, 2015

CT Disney said:
Thanks everyone for all the great info. I really like the "putting a lock on your front door" comparison. Makes sense. It's sad that unscrupulous people will take advantage of technology and screenshot someone else's image illegally. Very frustrating for professional photographers I surmise. I wonder how you would even know if someone had done that? Just by stumbling across one of your photos on some random website by chance?

I also wondered if some people didn't want to put their names on their DIS images as it would eliminate the anonymity that this website provides. All of a sudden people would know me by my real name versus only my DIS username.

In some cases, it's "unscrupulous people" but I think in most cases, it's not malicious. It's just the internet culture... An attitude that everything on the Internet should be free and shared. Cutting and pasting from articles, using others photos, etc.

On Flickr, you can even automatically allow free licensing. Thus, I've seen my photos used in some spots without anyone asking me explicitly. Perfectly legal -- a click does bring them to my Flickr and I haven't disabled the automatic license. For some offline use, I've been contacted a couple times and granted permission. (For example, 1 of my photos is used on the cover of the local yellow pages).

bob100 · Jul 2, 2015

havoc315 said:
On Flickr, you can even automatically allow free licensing. Thus, I've seen my photos used in some spots without anyone asking me explicitly. Perfectly legal -- a click does bring them to my Flickr and I haven't disabled the automatic license. For some offline use, I've been contacted a couple times and granted permission. (For example, 1 of my photos is used on the cover of the local yellow pages).

same here. I even encourage downloads from my Flickr pages. The flickr copyright message is there and occasionally people ask to use my photos and I give permission. They hate me in the sports forums because they think giving sports photos away for free deprives professional photographers of revenue. Explaining that that horse has already left the barn doesn't cut it with some people!

https://www.flickr.com/photos/cnu_sports

photo_chick · Jul 2, 2015

My rule is don't post what you don't want stolen. Because it will be.

As far as copyright... everything you shoot is copyrighted (if you're in the US) by you at the moment of creation. However, to enforce that copyright in a court of law you have to register it. Scott Kelby had a really great interview with an IP attorney (Ed Greenberg I think his name is) a few years back that went into details and blew the doors off some common misconceptions about copyright in the US.

havoc315 · Jul 3, 2015

photo_chick said:
My rule is don't post what you don't want stolen. Because it will be.

As far as copyright... everything you shoot is copyrighted (if you're in the US) by you at the moment of creation. However, to enforce that copyright in a court of law you have to register it. Scott Kelby had a really great interview with an IP attorney (Ed Greenberg I think his name is) a few years back that went into details and blew the doors off some common misconceptions about copyright in the US.

That is absolutely correct. But you can register it any time. So you can register and then sue.
Though earlier registration makes additional damages available, etc.

So if you think your photo is worth thousands of dollars, it pays to register it right away.

boBQuincy · Jul 3, 2015

One of our photographers who used to post here (may have been Mickey88) registered all his photos, sending "contact sheets" to the copyright office. It's worth it if you have only one that is copied and makes a bunch of money for someone.

photo_chick · Jul 3, 2015

havoc315 said:
That is absolutely correct. But you can register it any time. So you can register and then sue.
Though earlier registration makes additional damages available, etc.

So if you think your photo is worth thousands of dollars, it pays to register it right away.

You only have 90 days from the first infringement to register. That's not from when you find it being used, but from when it's first used. So while you can do it after the fact, it's not open ended.

havoc315 · Jul 3, 2015

photo_chick said:
You only have 90 days from the first infringement to register. That's not from when you find it being used, but from when it's first used. So while you can do it after the fact, it's not open ended.

That's not quite accurate. You must register within 90 days of publication in order to get statutory damages and attorney's fees awarded in a lawsuit. 90 days of publication, not infringement.

If you don't register within 90 days of publication, you can still register any time -- but you are limited to proving actual damages in a lawsuit (no automatic statutory damages and no attorney's fees).

photo_chick · Jul 3, 2015

You may want to go look up those damages. You get nothing once that 90 days has passed. And the publication would be the infringement. Until it's used there's no copyright violation and it's not used until its published. But that's getting a little nit picky on verbiage there. LOL

I think the bottom line is the same, though. If you feel it's an image you will want to protect then register it. If you're not worried about it, then don't.

havoc315 · Jul 4, 2015

photo_chick said:
You may want to go look up those damages. You get nothing once that 90 days has passed. And the publication would be the infringement. Until it's used there's no copyright violation and it's not used until its published. But that's getting a little nit picky on verbiage there. LOL

I think the bottom line is the same, though. If you feel it's an image you will want to protect then register it. If you're not worried about it, then don't.

No, you still get actual damages. Problem is, it is often difficult to prove actual damages. But if you prove it, you can still recover.

And no... The publication isn't the infringement -- in most cases, it would be very difficult for anybody to copy it unless you publish it yourself. (Unless someone breaks into your computer and steals your images). So it's within 3 months of your own publication to get statutory damages.

As long as you publish within 5 years, you get prima facie proof of authorship, which is helpful from an evidentiary standpoint.

I spent some time as an intellectual property attorney but I'm rusty. Lol.

Let's Talk Copyrights

CT Disney

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havoc315

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elmoandzoey

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Gianna'sPapa

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CT Disney

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havoc315

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bob100

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photo_chick

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havoc315

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boBQuincy

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photo_chick

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havoc315

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