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Copyright question for photographs


8 years 8 months ago #451972 by Orlando Bohland
I see many people with "C" for copyright in their image watermarks.  Does that mean all these photos have been officially copyrighted?  I would like to include, but haven't copyrighted my images.   So, would that make my copyright invalid? 
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8 years 8 months ago #451973 by Screamin Scott
You own the copyright for any image you have taken, but for the best protections, you need to register your copyright.... See link below.... You can post a copyright symbol on your work but to register it gives you more legal protections/benefits...

www.copyright.gov/
Scott Ditzel Photography

www.flickr.com/photos/screaminscott/
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8 years 8 months ago #451984 by KENT MELTON
My understanding is that in most countries, as the photographer you don't need to absolutely nothing as the copyright automatically defaults to the photographer who took the photo. 
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8 years 8 months ago #452009 by garyrhook
For those countries that are signatory to the Berne convention, copyright is inherent in the creation of a work. And the creator of that work owns the copyright. You need do nothing more in that regard.

In most countries now (Australia recently fixed its laws) the person that pushes the shutter is the creater, and therefore the copyright holder (unless otherwise determined beforehand).

If you are the victim of infringment in the US, your copyright must be registered with the government in order for you to legally go after the infringer. Otherwise, there's no point.

What you refer to is watermarking your image. There are 2 camps regarding that; I view it as branding. You'll find lots of thoughts on that issue. A watermark does not have to contain the copyright symbol or (C), etc. I don't use one in mine.

You will also find a great deal of ignorance, willful or otherwise, regarding the use of images that are posted online. If you are concerned about theft, don't put your digital work online.
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8 years 8 months ago #452011 by Jessy Page
:agree:  
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8 years 8 months ago #452059 by icepics
It seems better to use the copyright symbol if you have registered the photo to copyright it. If you took the photo you own the copyright without registering it, but if there's a violation it should be better to have it copyrighted (registered) if you need to pursue the violation. I wouldn't use the C logo if I hadn't registered it because I think what that symbol means is that the photo was registered for copyright.

People seem to watermark images with their name for a variety of reasons and it may deter theft or it may not. Probably not. If you're considering posting on a website - READ THE TERMS & CONDITIONS. Even if you don't read all of it, at least look at it; you might be agreeing to allow others to take and use your photos, or allowing the site to use/license/distribute your photos.
Sharon
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8 years 8 months ago #452143 by garyrhook

icepics wrote: It seems better to use the copyright symbol if you have registered the photo to copyright it. If you took the photo you own the copyright without registering it, but if there's a violation it should be better to have it copyrighted (registered) if you need to pursue the violation.


In the US it is required that you register your work with the copyright office in order to pursue legal remedies for violation. My statement above was accurate. Do the research.

I wouldn't use the C logo if I hadn't registered it because I think what that symbol means is that the photo was registered for copyright.


What, this: ©? That is incorrect; it has nothing to do with registration. And you're thinking strictly in US terms. Other countries have different requirements, but copyright extends to 164 nations. Again, per the Berne Convention.

www.copyrightlaws.com/international/522/

You will have support for every claim I've made here, if you do the research. None of this, unless otherwise stated, is my opinion.
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8 years 8 months ago #452207 by Jeffster
Here's a good link that you'll want to get friendly with:  www.copyright.gov  
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8 years 8 months ago #452208 by Screamin Scott
Same link I posted above...

Jeffster wrote: Here's a good link that you'll want to get friendly with:  www.copyright.gov  

Scott Ditzel Photography

www.flickr.com/photos/screaminscott/
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8 years 8 months ago #452238 by icepics
I don't think I said anything one way or the other about the accuracy of the info. you posted Gary, I'm posting what I've read or learned or what I think. People can look up and check out info. themselves to be sure about it; it's not like any of us are probably copyright experts. I was referring to copyright in the US, I don't about how it is in other countries.

I thought the copyright symbol was used to show that a work was registered but I'm probably thinking of works I've seen that show the symbol and the name which may have been copyrighted some time ago. I can't say I'm always up on the latest, although I follow a good bit of what's going on in the photography business. I'd probably use the symbol if I'd registered photos or written work, otherwise I don't. People can do whatever works for them.
Sharon
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8 years 8 months ago #452250 by garyrhook

icepics wrote: I'm posting what I've read or learned or what I think. People can look up and check out info. themselves to be sure about it; it's not like any of us are probably copyright experts. I was referring to copyright in the US, I don't about how it is in other countries.


One does not have to be a lawyer or an expert to understand a good portion of copyright law. It's not that complex. And in the interest of precision, and given the fact that this forum is international, it's worthwhile to clarify one's locale.

I thought the copyright symbol was used to show that a work was registered but I'm probably thinking of works I've seen that show the symbol and the name which may have been copyrighted some time ago.


(Observation) I don't know that, in the US, it has ever been thus. The requirement to register before filing a lawsuit is actually pretty new (not an opinion). Thank you, worthless congress.

I am a software engineer and a musician, as well as a photographer. I spend a fair amount of time reading up on IP, and feel pretty comfortable with my understanding, as well as my perspective on what is clear-cut, and what is not. (Opinion.)
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8 years 8 months ago #452279 by Vahrenkamp
Good post for photographers to get familiar with and know IMO.
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8 years 8 months ago #452349 by icepics
It's not a matter of understanding it as much as time spent reading info. on any topic; I mostly read what's relevant to me (my profile shows US) and what I'm interested in knowing.

Found this in Circular 3 on Copyright Notice, from the US Copyright Office/Library of Congress and only had time to skim thru and read some of the first couple of pages. It says "US law no longer requires the use of a copyright notice, although placing it on your work is often beneficial. Prior law did, however, contain such a requirement, and the use of a notice is still relevant to the copyright status of older works." An example is linked below of what I've typically seen that follows the procedure given in the circular.

On the second page it talks about the procedure for 'Visually Perceptible Copies', saying "The notice ..." "... should contain all three elements..." and discusses using the symbol, date of first publication, and name of the copyright owner. Says if a photo wasn't published, copyright isn't required.
Sharon
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8 years 8 months ago #452357 by icepics
http://www.copyright.gov/circs/circ03.pdf

http://www.moma.org/collection/works/56142?locale=en
Sharon
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8 years 8 months ago #452384 by ThatNikonGuy
Good post Gary, you always seem to have some good answers are you full time photographer? 
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