Intellectual Property (We newbies should know)

Discussion in 'Photography Beginners' Forum' started by Sharfy, Sep 14, 2010.

  1. Sharfy

    Sharfy TPF Noob!

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    Intellectual Property issues that we newbies must know.
     
  2. lordfly

    lordfly TPF Noob!

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    ....what?

    Well. In the US, copyright law extends to created works. As soon as you take a picture, it is copywritten by you. You can strengthen the claim on that piece of work by filing some paperwork to make a formal copyright.

    I... I know bits and pieces, mostly from years of reading heated Slashdot discussions about IP theft and piracy. I'm too tired to list everything.

    In short, the Internet ruins everything, so don't post any pictures if you don't want them stolen.
     
  3. Sharfy

    Sharfy TPF Noob!

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    Thank's for the reply.

    I have this question;

    If I put a water mark on my picture but unfortunately the NAME/watermark is already used by someone from USA and I am in Dubai. Can he run after me and file charges of IP theft?
     
  4. lordfly

    lordfly TPF Noob!

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    If his name is trademarked, then possibly. It's highly unlikely, unless you're watermarking it with something high-profile, like Apple or Sony or whatever.
     
  5. Sharfy

    Sharfy TPF Noob!

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    So I should be very carefull then and search the net the name I am using in watermarking my photos if its TM.
     
  6. KmH

    KmH Helping photographers learn to fish Supporting Member

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    The image must be recorded in/on a tangible medium to be copyrighted. For digital photography, once the photo is recorded on the memory card, it's is copyrighted.

    In the US, copyright is Federal law. Actions seeking damages for copyright infringement can only be filed in Federal Court. Federal Court rules require the copyright be registered with the US Copyright office before they will accept the action paperwork. Copyrights can be registered online. There are time factors involved with copyright registration relative to the types and amounts of damages that can be awarded, though suit for actual damages is always an option.

    www.copyright.gov

    You might want to become familiar with the Berne Convention: http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works and how it relates to the various copyright laws around the world.

    In the US, a person cannot trademark their name.

    www.uspto.gov
     

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