nikonshooter Loc: Spartanburg, South Carolina

Ah.....just got news we have another granddaughter - Ella Ruth Michelle Overstreet landed at 11:42 EST. I am off to the hospital (camera in hand)! Holiday wishes to everyone!

KeithF199 Loc: Frisco, Texas

Best wishes for baby, mother and all. Great present to be sure.

KLM

ShelterCove Loc: Nowhere, CA

Thank you all for this amazing feedback. It is truly appreciated! :)

ltruex Loc: Waco TX

Post some photos for all of us to see

:P :-D

Nevada Chuck

In law, an artistic work (novel manuscript, photo, sculpture, etc.) is considered copyrighted at the moment of creation. Proving that it's yours becomes the issue. The simplest and cheapest was to prove creation without going through the whole Copyright Office procedure is to make a copy of the photo, place it in a sealed envelope, sign your name across the seal (where the flap of the envelope meets the body of the envelope), ask a friend or neighbor to also sign it, and mail it to yourself by Registered Mail. When you receive and sign for it when it's delivered, put it with your other important papers, wherever that may be. NOTE: the other person signing should be a non-family member and someone who you expect to be in contact with for the balance of your life.

It is vital to this process that you NEVER open the envelope, unless and until you are in court because you've sued someone for copyright infringement. At this point you would hand the sealed envelope to the Court Clerk, who will pass it to the judge, who will open the envelope and confirm the contents as being identical to the infringing party's art work.

bdangr Loc: N 41degrees 28", W 87degrees 18"

In addition, I would embed your Photos with Photo Info in Photoshop. Then,
if you put where,when,Name and Camera data or whatever. It can't be cut or erased

ltruex Loc: Waco TX

Most interested in your response to most captured and violated images are altered from the original appearance, for example your avatar is a Bald Eagle with an overlay of American flag. Since this eagle was an image copy for some source, and the flag overlay another depending on crop...how much of the original can be clearly identifide as source image? I'm not trying to start a war, just know what has been done to stolen works.

Roger Hicks Loc: Aquitaine

I have not researched the relevant US law, but I am reasonably confident that there is no limit on the quantum of damages in common law, i.e. the damages can be set high enough to cover legal fees. The difference is that without registration in the US, you cannot recover your legal fees on a statutory basis. There's a big difference between 'can't recover them on a statutory basis, as of right' and 'can't recover them at all'.

Otherwise, it would be a rather odd law. But then, there are plenty of odd laws, in the US and elsewhere, so I could be wrong.

Your point about restricting illegal or inappropriate use of the image, so that the blame doesn't come back to you, is however very well taken.

Cheers,

R.

Nevada Chuck

I see where you're coming from, but my position is this:

The eagle and the flag are public domain items. Unless there is something unique about these two items, showing that either one is yours might be a bit difficult. If, for example, the eagle had one blue eye and one green eye, or the flag had something inconsistent with the true flag, such as an incorrect number of stripes, etc., I think these are images that are up for grabs. What probably is copyrightable is the combining of these two images, such that the new image resulting from this combining becomes a copyrightable image.

Roger Hicks Loc: Aquitaine

What exactly do you mean by this? That both images are specifically offered as copyright free? Because otherwise, the copyright in the photographs or drawings belongs to someone, and unless you shot both pictures or otherwise acquired the copyright, it ain't you.

Cheers,

R.

Nevada Chuck

Point taken. I think what I was trying to say was that iconic subjects increase the difficulty of proving ownership. For example, someone using a photo for commerical purposes of my grand child taken in the back yard, and using it without my permission, is probably on thin ice. But if the photo in question is of the Golden Gate Bridge, and the sky is cloudless, and there is nothing unique about the traffic on the bridge that might be used to show that one photo of the bridge is different from any other photo of the bridge, . . . .

ltruex Loc: Waco TX

If someone uses an identifiable subject like your Grandchild without your permission broke the ice. It is very difficult to pin down a well altered image, for you cannot overlay to match lines, and a theif knows all the tricks about subject match...Now that said a novice will always fall face first in the mud. Here is something of interest the subject of use for educational purpose. It is not illegal to use an image without permission, for educational purpose with no intent of sales or profit, and such image can be altered from original content.I'm certain this statement will get someone in conflict, but that is the law as I recall it. L3

ltruex Loc: Waco TX

Additional (had time to read and catchup). I only grabbed the icon image and no implicatons, but images like the eagle and flag were created either by art, or captured by camera...either way they are copyright protected regardless of either in wildlife, or part of the parks service. for example my avatar is a pen and ink done in an art class by me...it is my personal copyright image, where on my website I have a tut mask done in marking pen, and it was modeled from another picture, yet I hold rights for educational use only. I hope this hasn't created confusion, for copyright is a thin line in some areas. L3

tinosa Loc: Grand Rapids Michigan

An excerpt from the Digimarc site.
Haven't tried it yet but sounds interesting and has a free trial.

Our digital watermarking technology carries your information wherever your images may travel, without affecting their visual integrity. We enable viewers to link back to you for questions, or better yet, licensing pay you for the image.


Or be proactive and find out where your images are used online with our Digimarc Search Service.

jwanderer Loc: Chico, CA

I agree with nikonshooter. I learned that from a PPA member long ago. I just copied the following from the US Copyright office website Frequently Asked... section:

"When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration." That's exactly what I learned. Have fun with Alt-0169!