Adding copyright information into your photos EXIF data?

4 years 11 months ago #643530 by Juan Anthony
If you have your copyright information in or out of your exif data, will that make a difference in courts if you find someone using one of your images with out your permission?  


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4 years 11 months ago #643531 by Nikon Shooter
No… but it won't hurt!

More than the ©, the RAW files contains info about the
body and the lens focal length — and focal length for
zooms — among other things (capture data).

All together, they are strong arguments in your favour.

Light is free… capturing it is not!
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4 years 11 months ago #643538 by garyrhook
In the US at least, and likely the rest of the signatories to the Berne Convention, the EXIF information is meaningless. Copyright is inherent in the creation of a thing, i.e. the instantiation of an idea. The audio of a recording doesn't contain copyright information, but is copyrighted nonetheless. The copyright office doesn't care about what camera you used.

Primarily: get out of a photography mindset when dealing with IP, and focus on creation. Copyright isn't limited to photography, and it doesn't change for other types of creations (music, books, etc).

For images, what matters is who created the image, and if a photograph and someone else pressed the shutter button, documentation that assigns the rights to that photo to you.

If you wish to sue for more than actual damages, the image must be registered with the copyright office. Otherwise you are limited (thank you DMCA >:-( ) in what you can do.

Join the Copyright Alliance (copyright.org) if you want to support artists' rights.


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4 years 11 months ago #643539 by Nikon Shooter
The info contained in the RAW file — metadata + © — will prove
which equipment a given picture was made/taken with and, if you
can prove that you are the owner of the said equipment, who is
the first owner of the image's copyright.

The "offender" has to prove then that he/she is the actual owner
or can rightfully use the copyrighted image.

I was in court, I had to prove my unchallenged ownership, and got
a judgement in my favour.

Light is free… capturing it is not!
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4 years 11 months ago #643760 by Ira Weber
Nope, don't even bother.


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4 years 11 months ago #643869 by garyrhook

Nikon Shooter wrote: The info contained in the RAW file — metadata + © — will prove
which equipment a given picture was made/taken with and, if you
can prove that you are the owner of the said equipment, who is
the first owner of the image's copyright.

The "offender" has to prove then that he/she is the actual owner
or can rightfully use the copyrighted image.

I was in court, I had to prove my unchallenged ownership, and got
a judgement in my favour.


Congratulations on winning in court. The judges don't always get it right, so it's nice to hear about rational decisions.

It took some work, but I did find that the EXIF data in a RAW NEF file records the serial number of the camera, which by rights would be enough of a connection to prove one was the creator. This is why retaining RAW files is important. But the thought comes to mind: what if one sells a camera, but never made a note of it's serial number or retained proof of ownership of that camera? One wonders how this might play into it.

Seems to me possession of the RAW file itself ought to be adequate, especially since a JPG/whatever won't necessarily contain the EXIF data from the original file.... but I'm not familiar with enough cases of these types to draw any conclusions.


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4 years 11 months ago #643877 by Troponin
^^^from day one I had always assumed that possession of the RAW from the camera you own on the date it was taken would be enough proof, but unfortunately the job of the court isn’t that simple. All they need to do is prove reasonable doubt, as well as prove that you even lost any money in the deal. The community is still pushing to get more, like it doesn’t matter what I lost, this was a creation that I have spent weeks, months, years, decades(!!!) working on. Is my time and my own, one of a kind, creation, not worth anything at all? Apparently the person who stole it thought it was quite valuable to them....

i digress. It’s a sore subject for many of us. :(


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4 years 11 months ago #643901 by garyrhook

Troponin wrote: ^^^from day one I had always assumed that possession of the RAW from the camera you own on the date it was taken would be enough proof, but unfortunately the job of the court isn’t that simple. All they need to do is prove reasonable doubt, as well as prove that you even lost any money in the deal. The community is still pushing to get more, like it doesn’t matter what I lost, this was a creation that I have spent weeks, months, years, decades(!!!) working on. Is my time and my own, one of a kind, creation, not worth anything at all? Apparently the person who stole it thought it was quite valuable to them....

i digress. It’s a sore subject for many of us. :(


No worries.

I'll say it again: copyrightalliance.org

They are currently trying to drum up influence to gain congressional support for the CASE act. That's the idea of a (federal) small claims court for issues. We need that badly.


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The following user(s) said Thank You: Troponin
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4 years 11 months ago #643911 by TCooper
That would be great, however would only have jurisdiction here in the U.S..  When a lot of these issues take place over seas.  


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4 years 11 months ago #644070 by garyrhook

TCooper wrote: That would be great, however would only have jurisdiction here in the U.S..  When a lot of these issues take place over seas.  


That's not entirely accurate. Signatories to the Berne Convention agree to a number of things. It would be nice, however, if the signatories actually enforced laws that protected IP.

Net: if you don't want your image misappropriated, don't put it online.


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