As a photobuyer, when you "purchase" a photo, you are actually only renting it, and the photographer retains the copyright, unless you and the photographer have signed a statement describing a different agreement. Photographs belong to the photographer the moment the photographer clicks the shutter. It's important to remember that if a publisher wants to own all rights to a photograph, the publisher has to get the photographer to sign a document stating that ownership of the photo now belongs to the publisher, and not to the photographer.
If the publisher offers the photographer a fee they can't refuse, the photographer won't mind turning over the copyright of the photo. If this transpires, the photographer nevertheless can request to regain ownership of the photo in 35 years. Or, the publisher might make a special arrangement with the photographer to return copyright to them in a lesser amount of time.
All of this must be in writing. If you fail to get a statement in writing from the photographer that the copyright passes to the publisher, the copyright by virtue of the Copyright Law belongs to the photographer -- in other words, to the original "author."
Finally, if the photographer is a salaried employee of the publishing company, unless the parties have agreed otherwise in a signed written document, it's assumed the employer owns the copyright to the staff photographer's photo(s). In such a situation, the photographer may want to negotiate with the publisher for copyright ownership of his/her photos. - RE
Rohn Engh, veteran stock photographer and best-selling author of "Sell & ReSell Your Photos" and "sellphotos.com," has helped scores of photographers launch their careers. For access to great information on making money from pictures you like to take, and to receive this free report: "8 Steps to Becoming a Published Photographer," visit http://www.sellphotos.com
Welcome
to Pre-Owned-Photos.com. Here's where you'll
find information about how to sell photos, photo copyright laws, copyright infringement, and social photography.
Copyright:
How Long
Does It Last?
The term of copyright for a particular work depends
on several factors, including whether it has been
published, and, if so, the date of first publication.
As a general rule, for works created after January
1, 1978, copyright protection lasts for the life
of the author plus an additional 70 years. For
an anonymous work, a pseudonymous work, or a work
made for hire, the copyright endures for a term
of 95 years from the year of its first publication
or a term of 120 years from the year of its creation,
whichever expires first. For works first published
prior to 1978, the term will vary depending on
several factors. To determine the length of copyright
protection for a particular work, consult chapter
3 of the Copyright Act (title 17 of the United
States Code). More information on the term of
copyright can be found in Circular 15a, Duration
of Copyright, and Circular 1, Copyright Basics.
Do I have to renew my copyright?
No. Works created on or after January 1, 1978,
are not subject to renewal registration. As to
works published or registered prior to January
1, 1978, renewal registration is optional after
28 years but does provide certain legal advantages.
For information on how to file a renewal application
as well as the legal benefit for doing so, see
Circular 15, Renewal of Copyright, and Circular
15a, Duration of Copyright.
Once you recover from the initial shock that one of your images has been misappropriated, stolen, or used without your consent or beyond the term of a license (or some more colorful term not printable in this column!), your normal reaction is "Can I recover for my damages and/or can I teach this infringer a lesson?"
The first thing you should do, as in most situations, is to marshall all of the available information you can. This includes the nature and extent of the infringing uses you can discover, and the reasons why such usage was made. Sometimes there is an honest mistake, although often it is wilfull and deliberate.
Once this information is in hand, a strategy is developed on the course to take. This strategy could run from very aggressive - such as a demand to cease and desist all usage and account for damages, to conciliatory - such as a friendly reminder that such use was not authorized but would be available retroactively for a fee. There are many factors which are evaluated before determining which strategy would be most likely to be effective in any individual situation and to achieve the best result for you and your business. The key to success is often being flexible!
Attorney Joel L. Hecker lectures and writes extensively on issues of concern to the photography industry. His office is located at Russo & Burke, 600 Third Ave, New York NY 10016. 1 212 557-9600.
Business
Notepad
Search Engine Optimization for Flash
It used to be that if you used flash in the pogramming of your website, you wouldn’t get many visits from customers who were using a search engine to find you. . A major misconception has been that Flash-based applications are SEO-unfriendly and can't be indexed by search engines such as Google. That is the myth Flash expert Todd Perkins has dispelled in his new Adobe Developer Library book, Search ... Full
Story
Program maintains it's easy to earn extra
funds by establishing a photo business out of your home and
photographing local businesses, corporations, churches, schools,
sports teams, and families in your community.
Need the answer to a stock photography question? At our website >www.photosource.com/board< you'll find our Bulletin Board, called "The Kracker Barrel." Check it out. Our staff answers marketing questions; fellow photographers offer their input and experience. The following is a typical exchange.
Why Should I Register A Photo ?
Q: I'm confused about what my 'copyright rights' are when it comes to whether I'm protected by the blanket copyright in a magazine that publishes my picture. Also, if I haven't paid the registration fee for a photo, I always thought I could still register it within 90 days to get copyright protection and damages. Has this all changed?
A: First, to clarify the issue, it would be rare if a major publisher would infringe on your photo.
Here's a non-complex answer to your question(s). Yes, your photo is "copyrighted" once you click the shutter. But if a major corporation lifts your photo and uses it for their own purposes, and you confront them, their lawyers will tell you to 'buzz off' if you haven't already registered your picture with the Copyright Office. The reality of it is that although you own the copyright to your photo, you cannot sue until you have registered your picture. That may take awhile, when you add on the time to find a lawyer, institute the suit, contact the infringing company (the time alone is racking up a lot of your personal time) - with no guarantee that you will win the suit.
The simple answer is to register those pictures you feel are vulnerable to infringement (you do have 90 days within publication of the picture). It's possible to receive up to $150,000 statutory damages if someone uses your picture illegally. If you put legal action into play, an attorney will most probably take your case on a contingency basis (i.e. he/she doesn't get paid unless you win the case- which you probably can, if you register your picture(s)).
As far as the blanket copyright in a book or magazine, recent cases suggest that you receive little or no protection from the publisher's blanket copyright. And unless you have personally registered the picture, you won't be able to sue for statutory damages.
To register your picture(s): www.copyright.gov/forms/pdf. And be sure to look into registering groups of pictures. The cost for one or a group is (currently) $30. - RE
Question: What sort of legal protection is available for Web site designs?
Answer: A Web site design -- like other works created by human "authors" -- is protected by copyright as long as it is "fixed" (recorded in HTML code or otherwise) and "original."
Material is "original" as long as it wasn't copied from some pre-existing source. The "originality" requirement is not difficult to satisfy; neither artistic merit nor novelty is required for a work to be "original."
Under current law, copyright protection arises automatically when an original work of authorship is "fixed." It is not necessary to file a copyright registration application in order to get copyright protection for a Web site design, nor is it necessary to use the copyright notice symbol on a Web site to get copyright protection.
This article is provided with the understanding that neither the author nor the publisher is engaged in rendering legal or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.
Dianne Brinson, a copyright attorney, received her law degree from Yale Law School and her B.A. from Duke University. A former law professor, Dianne currently teaches Law for Internet Users at San Jose State University's Professional Development Center. For more information, read the book Multimedia Law and Business Handbook, by J. Dianne Brinson and Mark F. Radcliffe (available from Ladera Press for $44.95 plus shipping, (telephone: 800-523-3721).
Of
Interest
Marketing Tips
DEADLINES are a necessary bind to photographers.
Here at PhotoSource International we request photo editors to send us their listings as far in advance as possible. However, photobuyers, because of the nature of the publishing world, often need pictures "now".
If you see an "immediate" deadline listed in the PHOTOLETTER or PHOTODAILY, and you can supply the specific picture(s), use a light box and send a selection to the photobuyer. He or she may be able to extend the deadline a few days to be able to consider your picture.
LISTINGS: Are they aimed to give you leads for self-assignment, -- to go out and TAKE the pictures needed? Yes, if the deadline allows and if you want to add that kind of picture to your stock files.
However, in this industry, photo editors share a common bond: a definite tendency to decide on the picture needed at the last moment.
Thus the short deadlines that are a hazard of the ... Full
Story
OLD-TYME FLIX -- National Geographic snaps up BBC Photography series, “Genius of Photography”. Outright Distribution has sold BBC2 documentary series to National Geographic Channels International (NGCI) as part of a raft of other post-MipTV sales. Produced by Wall to Wall, the series offered a comprehensive history of photography and was originally produced for BBC2 and BBC4.
http://www.broadcastnow.co.uk/news/2009/05/nat_geo_snaps_up_bbc_photography_series.html
SIGHT UNSEEN. -- Visually impaired photographers display mind-boggling shots. Twelve visually impaired artists, a few of whom are totally blind, recently showed some amazing images as part of an exhibit called Sight Unseen at the University of California at Riverside.
http://news.cnet.com/8301-17938_105-10238900-1.html?tag=mncol
TOO GOOD TO BE TRUE. -- "Free software for your Mac that helps you organize, share, and enjoy your photos based on the people who are in them." But the terms of service provide: In order for Blue Lava to make the Service available to you, you hereby grant Blue Lava a royalty-free, non-exclusive, perpetual, irrevocable, worldwide right and license....
http://www.photoattorney.com/2009/05/sharing-love-and-your-photos.html
