Forums > General Industry > Securing copyrights of your images.

Photographer

Gallery Row Studio

Posts: 202

Lakewood, Ohio, US

Dear MMers,

How do you go about securing copyrights of your images, apart from writing it on the photo?

Any data would be much appreciated.

Olesja

Aug 28 06 01:01 pm Link

Photographer

Peter Dattolo

Posts: 1669

Wolcott, Connecticut, US

If its digital, no need to do anything. You have the original image, and camera to prove you own it.


In general a watermark is added to the image, digital watermark, company logo, company graphic or your name or company name for printing.

If your going down to pull a copyright on a photo(s) i dont think you need to do anything to the photos either, its just copyrighted and on file (proof you own it).


EDIT: there should be a copyright office in your town, town hall, legal district of your town......or the next town over. Check the phone book for more info.

Aug 28 06 01:08 pm Link

Photographer

Looknsee Photography

Posts: 26342

Portland, Oregon, US

In general, intellectual property is copyrighted the moment the original is recorded on some durable media.  Thus, your images are copyrighted the moment they are exposed (film or digital).

Aug 28 06 01:10 pm Link

Photographer

Emeritus

Posts: 22000

Las Vegas, Nevada, US

Peter Dattolo wrote:
EDIT: there should be a copyright office in your town, town hall, legal district of your town......or the next town over. Check the phone book for more info.

Ummm, no.  Copyright is a federal issue, not state or local.

It's true that you have a copyright on an image as of the moment it's taken.  However, to enforce that copyright you have to register it.  Lots of discussion and instructions, including the form to do that, at the Copyright Office site:

http://www.copyright.gov/

Aug 28 06 01:17 pm Link

Photographer

Peter Dattolo

Posts: 1669

Wolcott, Connecticut, US

TXPhotog wrote:

Ummm, no.  Copyright is a federal issue, not state or local.

It's true that you have a copyright on an image as of the moment it's taken.  However, to enforce that copyright you have to register it.  Lots of discussion and instructions, including the form to do that, at the Copyright Office site:

http://www.copyright.gov/

I meant go to those places for more info, that site you mentioned in fact.
Thanks for the correction on that though.

Aug 28 06 01:25 pm Link

Photographer

Gallery Row Studio

Posts: 202

Lakewood, Ohio, US

TXPhotog wrote:

Ummm, no.  Copyright is a federal issue, not state or local.

It's true that you have a copyright on an image as of the moment it's taken.  However, to enforce that copyright you have to register it.  Lots of discussion and instructions, including the form to do that, at the Copyright Office site:

http://www.copyright.gov/

Thank you very much for the link!
I would like to know also, does anyone actually do register their images and pay the fee? Have you ever had to enforce the copyright?

Aug 28 06 01:32 pm Link

Photographer

Peter Dattolo

Posts: 1669

Wolcott, Connecticut, US

Olesja Mueller wrote:

Thank you very much for the link!
I would like to know also, does anyone actually do register their images and pay the fee? Have you ever had to enforce the copyright?

I never have but the only time i would consider doing it is if i was doing commercial work.

Aug 28 06 01:35 pm Link

Photographer

Emeritus

Posts: 22000

Las Vegas, Nevada, US

Olesja Mueller wrote:

TXPhotog wrote:
I would like to know also, does anyone actually do register their images and pay the fee? Have you ever had to enforce the copyright?

Yes to both.  You can register lots of images at once (a "collection") - all you have to do is organize them in some way on a CD and submit the CD to the Copyright office with one fee (now $45).  I register every image I keep, and do a batch registration once every 90 days.

And yes, I have had to enforce a copyright, and have won cases in court.  It took years and lots of thousands of dollars in attorney's fees to get to the win, though.

Aug 28 06 01:37 pm Link

Photographer

Peter Dattolo

Posts: 1669

Wolcott, Connecticut, US

TXPhotog wrote:
And yes, I have had to enforce a copyright, and have won cases in court.  It took years and lots of thousands of dollars in attorney's fees to get to the win, though.

You got that money back when it settled i hope.

Aug 28 06 01:43 pm Link

Photographer

Steal Your Ghost

Posts: 447

Los Angeles, California, US

Someone who actually KNOWS of this, please do respond to me asap.   I've shot a couple of girls while I was in Idaho and one and/or both of them took it upon themselves to apply to said alternative websites with the images and use sets without my consent [one mainly].   Now I have received 0 recognition for the photos and since I do have the original content, I do know that I have the rights, but what can I actually do about it?  [I'd at least like to be listed as photographer]

Aug 28 06 01:43 pm Link

Photographer

Peter Dattolo

Posts: 1669

Wolcott, Connecticut, US

Jackie Bones  wrote:
Someone who actually KNOWS of this, please do respond to me asap.   I've shot a couple of girls while I was in Idaho and one and/or both of them took it upon themselves to apply to said alternative websites with the images and use sets without my consent [one mainly].   Now I have received 0 recognition for the photos and since I do have the original content, I do know that I have the rights, but what can I actually do about it?  [I'd at least like to be listed as photographer]

L A W Y E R


EDIT: Most likely they passed th eimages off as thier own and made money off them, maybe still making money off them because the images may have gotten them shoots. They may have sold sets and profited. You cannot get any of this info from those companies without a lawyer and be sure to go after the models also.

Of course you can always email, call, write them and ask them (models) nicely about all this also.

Aug 28 06 01:45 pm Link

Photographer

Gallery Row Studio

Posts: 202

Lakewood, Ohio, US

TXPhotog wrote:

Olesja Mueller wrote:

TXPhotog wrote:
I would like to know also, does anyone actually do register their images and pay the fee? Have you ever had to enforce the copyright?

Yes to both.  You can register lots of images at once (a "collection") - all you have to do is organize them in some way on a CD and submit the CD to the Copyright office with one fee (now $45).  I register every image I keep, and do a batch registration once every 90 days.

And yes, I have had to enforce a copyright, and have won cases in court.  It took years and lots of thousands of dollars in attorney's fees to get to the win, though.

This makes sense. I am glad you can pay one fee for the collection, and not for each image:)
I am amazed at these hassles with attorneys and courts in US, and I just want to make sure I am covered, in case I need to be. People seem to sue a lot in this country, and it could work both ways. What if someone says I stole the image/idea from them? I would be better off if I have mine copyrighted, and then we have to just hope that my date is earlier than his/her. Oh, well....I just wish we all could create and be happy and not worry about things like that.

Aug 28 06 01:49 pm Link

Photographer

Peter Dattolo

Posts: 1669

Wolcott, Connecticut, US

Olesja Mueller wrote:

I would not even worry about the date, if you have the original then you have it. Both are on the camera and the card, if need be the info can be retreived from the card even after it is erased.

Aug 28 06 01:53 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

Jackie Bones  wrote:
Someone who actually KNOWS of this, please do respond to me asap.   I've shot a couple of girls while I was in Idaho and one and/or both of them took it upon themselves to apply to said alternative websites with the images and use sets without my consent [one mainly].   Now I have received 0 recognition for the photos and since I do have the original content, I do know that I have the rights, but what can I actually do about it?  [I'd at least like to be listed as photographer]

I am confused, are you saying that they registered the copyright with the Feds as their own?

If so, that would be a fraudulent registration.  An attorney could certainly attack it and there would probably be damages. 

My question is if the model did it and does she have any money?  If it matters to you, you probably should speak to an attorney and they can tell you what your recourse is and whether it is worthwhile. 

It may also just be a misunderstanding on the part of the model.  Most don't understand copyright and believe that they have ownership.  A simple letter from an attorney might resolve it.

My advice is to keep a kewl head and don't over-react.  If you want to pursue it, discuss it with an attorney, not a photographer.  If you can find one that practices IP law, you will get the best answers.

Aug 28 06 02:00 pm Link

Photographer

Gallery Row Studio

Posts: 202

Lakewood, Ohio, US

Peter Dattolo wrote:

I would not even worry about the date, if you have the original then you have it. Both are on the camera and the card, if need be the info can be retreived from the card even after it is erased.

WOW! I had no idea:)
However, once I offload all the images onto the computer - I use digital camera - I delete them off the CF card. Not sure how they can be on the camera...

Aug 28 06 02:12 pm Link

Photographer

Tracy L Province

Posts: 57

Omaha, Arkansas, US

Pick up this book...
It will give you all the information you need to know
about copyrights, releases etc...

ASMP: Professional Business Practices in Photography
6th edition

very valuable resource

Aug 28 06 02:15 pm Link

Photographer

Tracy L Province

Posts: 57

Omaha, Arkansas, US

Pick up this book...
It will give you all the information you need to know
about copyrights, releases etc...

ASMP: Professional Business Practices in Photography
6th edition

very valuable resource

Aug 28 06 02:15 pm Link

Photographer

Tracy L Province

Posts: 57

Omaha, Arkansas, US

Aug 28 06 02:15 pm Link

Photographer

Gallery Row Studio

Posts: 202

Lakewood, Ohio, US

tlprovince photography wrote:
Pick up this book...
It will give you all the information you need to know
about copyrights, releases etc...

ASMP: Professional Business Practices in Photography
6th edition

very valuable resource

Thank you!!!

Aug 29 06 04:05 pm Link

Photographer

Gallery Row Studio

Posts: 202

Lakewood, Ohio, US

tlprovince photography wrote:
Pick up this book...
It will give you all the information you need to know
about copyrights, releases etc...

ASMP: Professional Business Practices in Photography
6th edition

very valuable resource

Thank you!!!

Aug 29 06 04:05 pm Link