Go Back   Steve's Digicams Forums > Digicam Help > General Discussion

Reply
 
Thread Tools Search this Thread
Old Feb 27, 2004, 10:05 AM   #1
Senior Member
 
Join Date: Mar 2003
Posts: 626
Default Copyrighting images...Do you do it?

Ok, I know that technically speaking, an image is copyrighted as soon as it is produced in its final form, but if you want proof of ownership and actual protection of that image under law you should register it. How many of you actually register your images with the copyright office?
PrmseKpr is offline   Reply With Quote
Sponsored Links
Old Feb 27, 2004, 10:52 AM   #2
Senior Member
 
Join Date: Jul 2003
Posts: 3,396
Default

Check my post here http://www.stevesforums.com/phpBB2/v...ic.php?t=21863

and watch the last 3 segments of the Rick Rickmans videos, He goes into image copyright in them and I got a surprise. I had also thought an image was copyright as soon as it was made, apparently in the US it is not untlil the form has been filled in and the 30$ fee has been paid.
PeterP is offline   Reply With Quote
Old Feb 27, 2004, 11:13 AM   #3
Senior Member
 
Join Date: Mar 2003
Posts: 626
Default

Quote:
Originally Posted by PeterP
Check my post here http://www.stevesforums.com/phpBB2/v...ic.php?t=21863

and watch the last 3 segments of the Rick Rickmans videos, He goes into image copyright in them and I got a surprise. I had also thought an image was copyright as soon as it was made, apparently in the US it is not untlil the form has been filled in and the 30$ fee has been paid.
I watched the videos, and well, that's why Rick is a photographer and not a lawyer.

My uncle is an attorney specializing in copyrights, patents, & trademarks. He told me that the finished product is copyrighted at the time it is produced. So, if I take a picture, BAM! it's copyrighted, if I draw a picture on a napkin, BAM! it's copyrighted. If you write a short novel on the restroom wall, it's copyrighted! What Rick is talking about is registering it with the copyright office. If you register it, then you are allowed to use the "(R) Registered" designation, if you don't register it, you can not use that designation. The same holds true for a trademark or servicemark. The moment it is created, it belongs to you.

In Rick's $10,000 example. His image was registered with the US Copyright office and since it was registered, he had papers to back that up, but it still would have been copyrighted had he not registered it.

I'll take my uncle's word over Rick's (in this matter).
PrmseKpr is offline   Reply With Quote
Old Feb 27, 2004, 11:32 AM   #4
Senior Member
 
Join Date: Jul 2003
Posts: 3,396
Default

k, then an odd situation comes to mind.

What if 2 people take the same image and one markets it and the other thinks it is a CP violation.
Or worse, someone sees the image they want and sends another person out to shoot the same identical thing.

What proof do you have yours was the original work.
I don't think these situations are too likely but nothing is impossible these days.

Good to know that the CP laws are similar in US & Canada.
PeterP is offline   Reply With Quote
Old Feb 27, 2004, 11:43 AM   #5
Senior Member
 
Join Date: Mar 2003
Posts: 626
Default

Quote:
Originally Posted by PeterP
k, then an odd situation comes to mind.

What if 2 people take the same image and one markets it and the other thinks it is a CP violation.
Or worse, someone sees the image they want and sends another person out to shoot the same identical thing.

What proof do you have yours was the original work.
I don't think these situations are too likely but nothing is impossible these days.

Good to know that the CP laws are similar in US & Canada.
Interesting question. I could ask my uncle.

I live in a historic (Civil War) town and I am sure that many pictures of this area have been taken for travel magazines, brochures, postcards, etc... I could easily go out and take a picture of the same object, building, etc... and it would be mine. Of course, my image would be a different time, day, time of year, lighting situation, etc... so it wouldn't be exactly 100% the same as the other person's image.
PrmseKpr is offline   Reply With Quote
Old Feb 27, 2004, 11:54 AM   #6
Senior Member
 
Join Date: Jul 2003
Posts: 3,396
Default

Yes, true.

That brings up another thing the look of a lot of modern buildings and at least one city skyline I have heard of is copyrighted. Taking images of them for commercial use has to be negotiated. Taking images of private property should be treated the same as taking pictures of people anything recognizable should have a model/property release if you plan on selling it. Other that that I believe if you can see it in public you can shoot it for personal use.
(except in Quebec where I hear thier privacy laws are quite strict, and even edtorial candids can get you sued.)
PeterP is offline   Reply With Quote
Old Feb 27, 2004, 12:59 PM   #7
Member
 
Join Date: Feb 2004
Posts: 44
Default

Quote:
Originally Posted by PrmseKpr
If you register it, then you are allowed to use the "(R) Registered" designation, if you don't register it, you can not use that designation. The same holds true for a trademark or servicemark. The moment it is created, it belongs to you.
Check with your uncle again. I've dealt with the patent and trademark issue as a registrant (?). The circle R mark only applies to registered trademarks, not copyrights. Also there are legal differences between a registered trademark and a TM. One offers far more protection than the other.

As for copyrights, from my reading, things are protected automatically but if you are going to go after a violator, you need to register it before you file complaint.
Yaworski is offline   Reply With Quote
Old Feb 27, 2004, 1:56 PM   #8
Senior Member
 
Join Date: Mar 2003
Posts: 626
Default

Quote:
Originally Posted by Yaworski
Check with your uncle again. I've dealt with the patent and trademark issue as a registrant (?). The circle R mark only applies to registered trademarks, not copyrights. Also there are legal differences between a registered trademark and a TM. One offers far more protection than the other.
You're right, the "(R) Registered" mark only applies to TM or SM, sorry for the confusion.
Quote:
As for copyrights, from my reading, things are protected automatically but if you are going to go after a violator, you need to register it before you file complaint.
Yes, things are protected automatically as soon as they are created. As far as registration being required prior to filing a complaint, I don't know. I would have to ask my uncle that question.
PrmseKpr is offline   Reply With Quote
 
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



All times are GMT -5. The time now is 10:18 PM.