PDA

View Full Version : Hey Daniel


donwinn
12-10-2007, 03:42 PM
Daniel,

I was looking at something on the site and saw a picture that you had a copyright on. What process did you go through to get the copyright and what was the cost? You can send me an e-mail if you would prefer at donw@genesco.com. I have a few things I would like to get some protection for.

Thanks in advance,

offshore
12-10-2007, 11:49 PM
donwinn,

The copyright to a photograph belongs to the maker the moment the shutter is clicked (unless under the terms of your employment your employer owns the rights, or you have signed them away). However, unless you register your copyright with The Library of Congress you are only eligible for something like $500 per infringement. If your copyright is registered and infringed upon, then you "may" be awarded up to $100,000 per infringement. law is a bit slippery, aren't all laws? There are two ways to register your work(s) either as "published" or "unpublished". In many judges eyes, though if you have an image posted on a website such as this one and image will be considered published. Now since we are talking about law here I have to make two disclaimers. One, I am not a lawyer, nor do I play one on t.v. Two, as any law goes, it up the authority having jurisdiction to interpret it and decide what is and isn't so.

Anyway, you can follow this link and take a copyright tutorial from ASMP, The American Society of Media Photographers.
http://www.asmp.org/commerce/legal/copyright/

Ate any rate, by placing the "" symbol on your images (and you should also have your contact information and copyright info. imbedded in your image metadata as well) it will help you to prove "willful" infringement if you should have to take your case to court. You might also want to note that the format of your copyright line may matter if you have to go to court; " 2007 Name" is stronger than " Name" or just "".

So have fun with your research!

Offshore

D-Drake
12-11-2007, 09:47 AM
Well Offshore summed it up much better than I would have. I haven't officially filed for copyright on any of my photographs. Like Offshore said, as soon as I click the shutter the copyright to that image belongs to me. That really only does any good if I take someone to court for using the image without permission or payment. I mostly put the "" symbol there as a deterant. Copyrights and trademarks (me not being an expert on either) is more a matter of proving who owns something or used something earliest.

Daniel

donwinn
12-11-2007, 11:02 AM
:smile: Offshore and Daniel,

Thanks for the information. I will go to the website. I was looking at ways to protect photos as well as writing. I am not a very good photographer, but I do get lucky sometimes. I do quite a bit of writing though, and I wanted to know how to protect that. I guess if you have it dated and stored on a PC the courts could determine when it was saved. Anyway, I really appreciate the info.

Gerry Romer
12-11-2007, 11:13 AM
I guess if you have it dated and stored on a PC the courts could determine when it was saved.

I was once told that the most inexpensive copyright was a postage stamp. You put your document, photo, etc. in an envelope, address it to yourself, take it to the post office and have it hand canceled and mailed to yourself. When it arrives, file it away without opening it. Should the need ever arise, the courts will recognize the Postal Service (a government body) cancellation date as the original date of ideation (to borrow an IBM phrase).

Don't know if it's true, but it sounded good at the time.

Gerry

donwinn
12-11-2007, 11:37 AM
Gerry,

Thanks for the info. I have heard that in the past as well.

Glad you survived the mild stroke, and you were able to give up smoking. I bet you can climb around on those rocks without getting so winded as well. I see a lot of your posts on the board. They are always informative and kind. I hope to get to meet you some day.

choctaw
12-11-2007, 01:21 PM
Don, having written and published three books here's my opinion:

Unfortunately, the old laws of simple copyrighting have changed. It's almost imperative for the best legal protection, now, to copyright through the government. One can get a thorough education on the subject and read 'their side' in complete detail by going to www.copyright.gov or phone them at the U. S. Library of Congress @ 1-800-424-9100.

Further, if one publishes a book an ISBN number is assigned during the copyrighting process and is used at the Library of Congress,... as well as in the publishing, the distribution industry and the retail book industry to identify it, specifically. (Just using the title doesn't work due to possible title duplications.)

Also, most metro towns have lawyers that will do the copyrighting work.

My publishing company did the work for me.

Good luck and may you have 'many in hand',
Choctaw

donwinn
12-11-2007, 02:46 PM
Choctaw,

Thanks for the information. May I ask what books you published? I might want to read one.