Copyright question and landscapes

10 years 9 months ago #292017 by Happy Hour
I was just looking at some shots I had here and wondering if I take a photo of a tree in a empty field owned by someone I don't know. Who owns the copyright to that photo? Me right? Now if someone took my photo and made changes to it, I would still have have copy rights to it?


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10 years 9 months ago #292020 by Joves
Yes you have the Copyright the very moment you click the shutter. But as for your use of the photo that could be limited depending on the local laws, regarding using photos of others property, for example some states require you to have a release for commercial purposes.
On the question of if someone takes it, and modifies it. You still hold Copyright to the image, but unless the person who modifies it uses it for gain, again commercially, then there is not much you can do about it.
Copyright Laws are mainly to protect people who create art in any form from having their art, or intellectual ideas from being used for gain through unauthorized use. People using or copying your creation for personal use, is hard to get any damages for, since it is down to one person using it, and not making a profit.
There is also the Creative Commons type of Copyright, where people are encouraged to steal, and modify your work even for gain. Which I see as stupid on the part of the artists who go for that. :rofl:


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10 years 9 months ago #292040 by One Wish
:agree: Joves really hit a home run on this answer. I have nothing else to add :goodpost:


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10 years 9 months ago - 10 years 9 months ago #292046 by garyrhook
Got this off of the ShutterPoint site:

Property releases are required for any recognizable and uniquely identifiable property (including your own) on your photos that you are selling for commercial use. Usually a property is a building, but it can also be an automobile, boat, or any unique item in a private owner's possession.


I don't think a tree qualifies, unless it's a really special tree and/or a really special field. While Joves is correct, unless a lone tree in a field is clearly identifiable, I wouldn't think you'd have a problem.

On the question of if someone takes it, and modifies it. You still hold Copyright to the image, but unless the person who modifies it uses it for gain, again commercially, then there is not much you can do about it.


I'm going to disagree with this. Commercial gain is just one facet of infringement. I don't know whether it's worthwhile to pursue infringement that doesn't involve money, but I think it may be possible. You'd want to discuss that with a lawyer, after politely attempting to come to a financial agreement for the use of your image, using reasonable expectations.


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10 years 9 months ago #292143 by Joves

garyrhook wrote:

On the question of if someone takes it, and modifies it. You still hold Copyright to the image, but unless the person who modifies it uses it for gain, again commercially, then there is not much you can do about it.


I'm going to disagree with this. Commercial gain is just one facet of infringement. I don't know whether it's worthwhile to pursue infringement that doesn't involve money, but I think it may be possible. You'd want to discuss that with a lawyer, after politely attempting to come to a financial agreement for the use of your image, using reasonable expectations.


For monetary damages it is doubtful. If someone posts your image on their webpage, you can get a take down order, or request it be taken down. Which is common on FB, and Pinterest. You have to go to the service provider to get it taken down most of the time. Taking it to court, and getting monetary damages would be a case of having the luck of getting a good judge, unless the site was a commercial one.
One of the guys at the Nikon Cafe saw some of his images printed off of his SM site with his watermarks across the images, and they were intrusive. When he told them that he sold the images at a reasonable price they basically ignored him on that point, and acted offended that they had to buy a print. He came to find out that it was more common than he thought after that incident. He knew that getting any damages from them through the system would be useless. So he made his watermark even more intrusive, with a note on his site that the purchased photos would have no WM on them.
The problem has become that our society is degrading so badly at every level that what is right is wrong, and what is wrong is right. I think I am glad I am getting closer to the end than being at the beginning of life.


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10 years 9 months ago #292147 by garyrhook
Yep, DMCA takedown notices are the mechanism. In your anecdote, the photographer can easily have some fun by dogging them and having the screen caps removed, if digital. If material, hey, if someone wants a blown-up version of one of my images with a watermark across the thing, more power to them.

I agree that the internet / web has done a disservice to creatives by leading folks to believe that everything should be freely available without thought or compensation. It's all quite tragic, in my mind.


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10 years 9 months ago #292229 by Happy-pixel
So, do you feel you need to have a property release form when shooting fields and such?


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10 years 9 months ago #292254 by garyrhook
Me? No, not for a tree or a meadow. Presuming it could be anywhere, how could one determine it's location?


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