Copyright questions

[thebutler4]

OK so when it comes to photos I have a question about the copyrights ...

When you post a photo on the web, and you have your "logo" on the photo with a copyright .. does this hold up or do you need to pay to have a photo copyrighted like you would say a remote control or something of that nature before you are able to take action?

If you don't have to pay to protect your work and you find it somewhere on the web where the copyright was removed or cropped .. how would you go about proving that it was your work and not someone else's?

and if you DO have to pay to protect your work .. is it legal to put the copyright mark on your work to help deter someone from using your work with out permission?

 

[Rekd]

Once you take the photo you own the copyright. Until you sign it away. Logos etc do not make the copyright.

You can submit your stuff for a small fee to register it which will make it easier to make claims on the copyright but the bottom line is; the top line (of this post) :thumbup:

 

[RockstarPhotography]

although you do own the copyright as soon as you take the picture. If its stolen and you want to seek damages it may be a long road if you don't register it. About the best you can do is get them to stop using the photo.

 

[Josh66]

Copyright is automatic. You don't have to put a logo on it for it to be copyrighted. You don't even have to register your work, but it sure would help if you ever had to go to court and prove infringement.

U.S. Copyright Office

^^^ Start reading there.

The best way to prove that it was yours would be to have it registered. There are other things that would probably help if you didn't register though - like if you had the original RAW, or the negative. I don't know how that would hold up in court, but it would be pretty hard for someone else to get the original RAW/neg...

I can't remember for sure, but I think you have to have a registered copyright to sue for damages.

 

[Jarrod268]

I agree with what the others have said but I'd like to add that a logo or name can be a possible deterrent because its on the image itself. Anyone stealing it will have to crop it to some degree. It's not that cropping is difficult - its just that if you cut part of the image off it may not be as usable by the thief.

At least thats just my opinion

 

[KmH]

Use of a copyright notice is not required under U. S. law, although it is often beneficial in several ways.

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You should also put copyright management information (CMI) and your contact info in the metadata of each photo.​

As mentioned copyright is automatic. However, if you discover someone has infringed your copyright by using your work without your permission (a use license), and you want to do something about it, it is beneficial if the work has been registered with the US Copyright office.​

Published and unpublished work cannot be registered together on the same application.​

Registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following (from Circular 1 http://www.copyright.gov/circs/circ1.pdf:​

• Registration establishes a public record of the copyright claim.​

• Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.
• If made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.

• If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.​

• Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.

Works can be submited online or by snail mail. Snail mail applications can include up to 750 images per application, and online, as many images as can be uploaded in 60 minutes.

 

[Forkie]

I'm not sure if it's the same in the US but in the UK, if you want to be able to prove ownership of copyright, you can put your photos on a memory card and post it to yourself, through the postal system. When you receive it back, don't open it, just keep it safe and mark on it whats in there, so you remember - if there is ever a need to prove ownership, for example in court, you can produce a sealed, postmarked (therefore dated) envelope with your photos inside which proves they are yours. You can do the same with all sorts of things: artwork, music, logos, all kinds of stuff.

Of course, it doesn't officially register them but proves, at least that you took the photos before the date you posted them and therefore before whoever is trying to steal them.

 

[c.cloudwalker]

I'm not sure if it's the same in the US but in the UK, if you want to be able to prove ownership of copyright, you can put your photos on a memory card and post it to yourself, through the postal system. When you receive it back, don't open it, just keep it safe and mark on it whats in there, so you remember - if there is ever a need to prove ownership, for example in court, you can produce a sealed, postmarked (therefore dated) envelope with your photos inside which proves they are yours. You can do the same with all sorts of things: artwork, music, logos, all kinds of stuff.

Of course, it doesn't officially register them but proves, at least that you took the photos before the date you posted them and therefore before whoever is trying to steal them.

It works just the same in the US. That's the method my lawyer told me to use years ago and it worked just fine when we had to go to court over infringements.

Today, in the age of computers, the only thing I would add to your post is to send yourself printed materials (proof sheets) rather than a CD or memory card. It could be years before the envelope needs to be opened and the electronic media could be dead...

 

[KmH]

Ah, the 'poor man's copyright' urban legend lives on:

http://www.copyright.gov/help/faq/faq-general.html#poorman

I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

I bet if you check UK copyright law, you'lll find that it's urban legend in the UK too:
Copyright, Designs and Patents Act 1988

 

[KmH]

Here is some good registration info: Steps to Prepare Your Images for Copyright Registration Using Photoshop® | Photo Attorney

 

[Josh66]

What would stop me from mailing myself an empty, unsealed envelope, then putting whatever I want in it at a later date?

 

[Forkie]

[

Today, in the age of computers, the only thing I would add to your post is to send yourself printed materials (proof sheets) rather than a CD or memory card. It could be years before the envelope needs to be opened and the electronic media could be dead...

Good point.

Ah, the 'poor man's copyright' urban legend lives on:

U.S. Copyright Office - Copyright in General (FAQ)

I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

That's right, it's not a substitute for registration but is a useful way of proving you took a photo/wrote some lyrics/designed a logo should the need arise and, as Cloudwalker said, does hold up in court.

 

[480sparky]

What would stop me from mailing myself an empty, unsealed envelope, then putting whatever I want in it at a later date?

The postmark.

 

[Aze]

KmH is spot on. For the million things I do not know about photography, Copyright and contract law I do know something about. The "mail it to yourself" method definitely does not hold up in court.

Frankly speaking, if you are at all concerned about the pilfering, copying, stealing, thieving, underbelly of the internet, register your images. If you believe your photos have value, to you or possibly others, it is your only surefire way. Poor man's copyright, intrinsic copyright, they do not do well in court. A registered copyright does. You've seen some good advice here on how to register. Ask yourself if its worth the effort and cost to register. (It's really quite cheap to do).

There is no substitute for registering your copyright.

 

[Josh66]

What about the postmark? It would still be there...

There is no law that says I cannot mail myself an empty envelope. And if it's empty, there isn't much point in sealing it, is there?

I would then have a postmarked, unsealed, and empty envelope.

What stops me from putting a CD in it and sealing it?