# Copyright or wrong



## S (Oct 1, 2004)

How important is it to "brand" your photographs with a copyright notice? Are photos without such notices unprotected somehow?


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## Gomer (Feb 2, 2004)

This is a cut and paste from another discussion on that matter:



> Avoid copying or otherwise using images you find on web pages without permissionof the copyright owner. These and other uses violate Federal copyright law. The copyright owner can sue infringers for damages (the owner's lost profit), profits (any profit the infringer made), statutory damages (up to $10,000 and as much as $50,000 for willful infringement), and attorney'sfees and costs. They can get injunctive relief, and infringing copies and the equipment used to produce them can be impounded and destroyed.
> 
> It is also a criminal act to violate Federal copyright law (see 17 U.S.C.A.§ 506). It may qualify as a Federal misdemeanor (with a fine as much as $10,000 or imprisonment for up to one year.)
> 
> ...


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## S (Oct 1, 2004)

Thanks for the answer. My original thought was that the notices were some combination of legal prudence and egotistical enrichment but you just ruled out the legal aspect. 

The ideas expressed here may not be broadcast, republished or otherwise distributed without the express written permission of S © 2005


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## dennis (Mar 1, 2004)

Well, is copyrith as simple as slapping the sympol with your name and year or is there a legal way to copyright, papers to sign or something?


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## pineapple (May 4, 2004)

S said:


> How important is it to "brand" your photographs with a copyright notice? Are photos without such notices unprotected somehow?


Although copyright protection is automatically granted under some jurisdictions (like the USA and signatories of Berne and UCC), it is very wise to include on the photo a means of identification and email address or other way in which to contact the copyright owner.

Andrew Cribb


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## BenW (Jan 25, 2005)

dennis said:


> Well, is copyrith as simple as slapping the sympol with your name and year or is there a legal way to copyright, papers to sign or something?


As mentioned above copyright protection exists as soon as an original work is created (technically "fixed in a tangible medium of expression"). However you generally can't sue someone for infringement under US federal law unless the work is registered with the government (If you get really bored you can read 17 USC 411(a) )

Copyright notices aren't necessary but they serve the practical purpose of 1.) being a warning you intend to enforce your copyright and 2.) as contact info if someone wants to pay you to use your work.


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## JLudwig (Feb 16, 2004)

pineapple said:


> Although copyright protection is automatically granted under some jurisdictions (like the USA and signatories of Berne and UCC), it is very wise to include on the photo a means of identification and email address or other way in which to contact the copyright owner.


Yeah I do it for the contact info/website plug. If you are concerned with someone stealing your work there are watermarking programs which allow you to conseal a marker in the image, barely visible. This makes it much easier to prove it was yours later, PaintShop Pro has this feature methinks.

jeff


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## gnatster (Mar 6, 2004)

JLudwig said:


> Yeah I do it for the contact info/website plug. If you are concerned with someone stealing your work there are watermarking programs which allow you to conseal a marker in the image, barely visible. This makes it much easier to prove it was yours later, PaintShop Pro has this feature methinks.


PSP does have watermarking but it's an annual subscription service from DigiMark

Pricing info posted cause I figure someone would ask.

PERSONAL Up to100 Name/Address/Email $49 
PORTFOLIO Up to 1,000 Name/Address/Email/URL $79 
COLLECTION Up to 5,000 Name/Address/Email/URL $199


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## jcolletteiii (Jan 30, 2005)

In order for an image to be registered, and therefore protected under international copyright law, a copy of the original image and some-form-or-other must be submitted to the U.S. Copyright Office. This can be done in batches - submitted on a cd in smaller-res fingernail type images. Although every image is supposedly protected from creation, as a rule, you will not be able to pursue any avenue of litigation unless your images are registered with the US copyright office. I subscribe to PDN, which routinely runs horror stories on intellectual property rip-offs, some of which cost the original photogs tens of thousands of dollars in lost revenue.

Hope this helps.

-joe


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## Simpte 27 (Jul 16, 2004)

What about written text?


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## BenW (Jan 25, 2005)

Simpte 27 said:


> What about written text?


Copyright protects "creative expression" including the written word. You'd have to register a writing just like a photo if you wanted to sue for infringement.

17 USC 102 defines the subject matter of copyright and distinguishes copyrights from patents.


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## Jimbo205 (Feb 2, 2006)

I hope this question goes along with this 'old but good' thread. 

If I see a photo that I like and I would like to possibly at my house ( I am not there currently on my home PC) 
download a photo and possibly go to the trouble of printing it out on Kodak Paper and put it up on a wall in my house for my private use; 

What are the rules? 

Can I do this? 

Do I HAVE to ask permission FIRST? (of the person that posted the photo)

Or is it just good etiquette?


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## Yoshi (Apr 7, 2007)

I don't see why you can't use it for "private use" like you mentioned.

The purpose for protecting your photos is to prohibit someone from somehow using it to their advantage (i.e. using it to make money, etc.). If you're just using it as a reference or collecting pictures of your favorite tanks, I don't think you would be breaking any rules.


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## Jimbo205 (Feb 2, 2006)

Daniel, thank you. I just wanted to check. There is always something to learn and check on in this hobby. 

I am one of those guys that if you can, you can; if you can't, you can't. 

Kind of like the USDA rules on invasive plants and customs. If I am not supposed to have a plant in my state (if it is considered invasive or harmful to my environment) then I respect that. I haven't burned a plant yet, but would if I should (probably). 

I like the idea of being able to enjoy some beautiful photos for my home use. That fits my budget. 

And this way if I actually print them and put them on my walls, when my wife and kids tell me that I am obsessed with this hobby I can say, "Yes, I am. Beautiful photo isn't it?"

Daniel, I love your Avatar. Yoshi seems like a really good guy for a character. Good taste.


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