Photo Copyright - responsibilities for viewer vs creator?

1 year 11 months ago #588270 by Walter Tidwell
In terms of where the greatest responsibility rests, is it the viewer of a photo to find copyright details of your photos OR is it the photographers responsibility to disclose clear copyright watermark or caption for each image?


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1 year 11 months ago #588280 by garyrhook
The education challenge with any IP, be it painting, prose, photography, whatever, is informing non-creators of the inherent copyright in any created thing. Since copyright is considered to be inherent, it is not incumbent on the creator to communicate that to anyone.

So, no, because your question isn't limited to photographs. We don't put a watermark on a painting, do we? Yet it has copyright. Many things around (most?) have copyright. Many are marked so, but not all.

Watermark or not, images are copyrighted (in most Berne Convention countries) unless stated otherwise. And you will find differing opnions on the use of watermarks, copyright aside.


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1 year 11 months ago #588284 by Walter Tidwell
Gotcha, and then we have fair use and fair dealing that comes into the picture.  


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1 year 11 months ago #588285 by garyrhook
Not really, no.  The US courts have made it very clear on the conditions of appropriation, and while fair use is one of them, it's pretty clearly defined what that means.

Don't even go there.

It's really very simple: we do not take someone else's work, without permission and/or compensation, to do with as we please. If you start from that position, it makes everything else easier to determine.


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1 year 11 months ago #588350 by Crammer
:agree:


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1 year 11 months ago #588669 by icepics
I doubt you can expect a viewer to necessarily even know what copyright is, much less that the photographer owns the copyright to any photos they've taken. The watermark isn't the copyright, and doesn't necessarily protect an image. (I think it could deter someone from using it if it looks like it will be too much trouble to remove the watermark.) It's also necessary to think about where you're posting and check Terms & Conditions on any site you're considering to make sure you're not agreeing to allow others to use your photos.

You can register copyright, which could make it helpful to show ownership if needed. Besides photographs, other written work or artwork could be copyrighted.

Here's an explanation of fair use - there are four factors that go into consideration. Basically if use is for teaching, research, criticism, etc. that would be considered fair use.
library.owu.edu/Images/Images_FairUse

Sharon
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