If you take a photograph, and then give a copy of that photo to another person without copyrighting the photograph first, you forfeit your right to claim copyrights on that particular photo. By knowingly and willingly surrendering an image to another individual such as "Gifting" or telling the person or persons that they can "use" the image, as a photographer you have waived your rights to weigh claim to that photograph. If the person or recipient makes a painting of that photograph, then it's no longer a photograph, no matter how accurate it might look. It is in fact, another and a new creation and THAT painting is and can be subject to copyright protection. The creator of a painting of your photograph also has the right to claim it as an original painting and can choose to sell the painting if they wish.

By giving permission to use your photograph, even by word of mouth, you are surrendering and waiving your rights to make legal and copyright claims on that photograph.

However, If you copyrighted your photograph before giving permission, then it is your responsibility and the responsibility of the recipient to have such permissions put in writing in the form of an agreement. The agreement should outline what permissions you are giving and whether or not you retain ownership of the photograph. If you are retaining ownership of the photograph, then you are only giving and allowing the right to use the image, and the recipient cannot claim ownership of the photo itself. If you want to limit how the photograph can be used, then you have the right to outline the limitations in writing before surrendering and/or, giving permission to use your photograph. The agreement must follow the complex outlines that pertain to copyright laws in your area.

Copyright laws vary from state to state and can even vary from county to county. It's a good idea to familiarize yourself with any laws that pertain to legal copyrights for photographs. There are federal guidelines that also apply, so it's a good idea to research and to learn about the copyright laws and how they might apply to your photograph BEFORE you give permission to anyone to use them.

I posted several of my photos online, none are copyrighted. I do not have a copyright. Each and every time you want to copyright any of your photographs, you must file a legal document copyright claim for each individual copyright for each different photograph

I knew this before I uploaded any of my photographs. However I uploaded my photos knowing that for the most part I can actually trust the people in this website and that they would not impose their will on any of my photos, because these were taken by me and not you. If any of my photos suites your needs and you would like to use them, then by all means, feel free to do so. I would not have uploaded them if I didn't want them to be used. My only request is that you acknowledge me as the photographer and give credit where its due...

Reply to alaskanfrog [Nov 11, 11 10:45:42]

As a retired attorney, I found your summary of copyright law very well written and understandable with a minimal amount of legalism. Thus, I recommend your post as Required Reading for all photographers & videographers.

Sure hope you share a lot of you Alaskan pix with use. I've had a couple of motorcycle tours to you magnificent state. Fantastic photo opps where every you look! By the way, I retired from that dreadful profession to pursue something worth the effort. Best regards, jf

Recently, I was "fiddling" with my new camera. The TV was running--an animal program. Up came a segment on Harpy Eagles. I pushed the "pause" button and had a dandy pic of a young Harpy Eagle. I took a picture of that picture.
(QUESTIONS) Is that now my picture ? It could have been taken anywhere. If I use it anywhere, should (must) I give credit or explain how I got it ? (Very few Harpy Eagles in Indiana.) Maybe I should just wipe it out ! What do you experts think ?

ALYN

Recently, I was "fiddling" with my new camera. The TV was running--an animal program. Up came a segment on Harpy Eagles. I pushed the "pause" button and had a dandy pic of a young Harpy Eagle. I took a picture of that picture.
(QUESTIONS) Is that now my picture ? It could have been taken anywhere. If I use it anywhere, should (must) I give credit or explain how I got it ? (Very few Harpy Eagles in Indiana.) Maybe I should just wipe it out ! What do you experts think ?

Come on guys, quit beating up on ALYN. He didn't say he was going to claim the picture as his or try to sell the damn thing. He just asked a question and you gave him an answer (in no uncertain terms).

ALYN

Each museum has it own policies many refuse folks taking picture with a flash and will let you almost set up a tripod as long as you do not add ANY light.

Other is a NO! policy strong enough to have you escorted out off the building by security...

I do not see the 'stealing when you take a picture for private use (otherwise why would their be postcard of artwork offered all over the place, legally?

No, stealing is a wrong word here that involves a crime. If you are good enough, have enough money and know t whom you ask, I am sure you can get some specialist to either make a replica hard to detect or simply steal the stuff... But enter another dimension here.

I was manning a booth next to an excellent oil painter at a show one time and noticed him tell 3 different photographers that they could not photograph his paintings. One did anyway, claiming that he could because it was a public place. The artist stood there for 10 minutes telling him why it was wrong and threatening to get him thrown out of the show or call the police and the guy finally deleted the images while the artist watched.

At first I thought the artist was rude but then after his explanation it made sense. The photographer could have easily made greeting cards or prints for sale or blown up a large image for someones wall, in essence "stealing" the copyrighted painting and undercutting the original artist any share.

Permission must legally be gotten from the artist of original art from any media before photographing for commercial use. But permissions should also be obtained even if photographed in a public place takes pictures of original art (or kids) for personal use. Once a painting, photograph or video is sold, it becomes the property of the sellee and the sellee needs to determine if it can be reproduced or not by the public.

You can't take magazine articles and associated images from a periodical and post them on your website without permission of the author/photographer/publisher.

I once noticed that a commercial website had, without permission, scanned photos from one of the books I published to decorate his website. He was not selling my book and neither did he give me credit. I wrote him a tactful letter but made it plain that he used my images unlawfully and needed to compensate me or the law would become involved........He paid.