Advice on protecting my work.....
Nov 30, 2011 23:21:27 #
I designed my own logo for my photos I give or sell to people, but I am getting to wonder if I need to do more than put my logo on them. Do I need to get a photography license to further protect my work from those wishing to use it without my ok? If so, how much does it cost and how do I go about doing so? Please tell me all about this matter. Thanks everyone.
Nov 30, 2011 23:28:10 #
To ensure legal recourse (and recover damages), you need to register EACH photograph with the US Copyright office. They have a website with the appropriate forms. Without the registered copyright, although you 'own' the copyright, you have no legal proof to go after someone who takes it.
For example, look at a book instead of picture. Same idea.
I write a novel. It sits in my desk drawer. I never register it. Ten years after I write it, someone sneaks in and photocopies the whole thing, and publishes it as his own.
I'm screwed. I never registered it with the copyright office. AUTHORSHIP and POSSESSION give me the RIGHT to copyright it, but until I actually DO, it's fair game. Even with the Berne Convention changes to copyright law, it appears that for me to recover any damages in a court of law, in the US, I need to have REGISTERED the work.
For complete and competent advice, see a qualified lawyer, but I think I just saved you about $500.
For example, look at a book instead of picture. Same idea.
I write a novel. It sits in my desk drawer. I never register it. Ten years after I write it, someone sneaks in and photocopies the whole thing, and publishes it as his own.
I'm screwed. I never registered it with the copyright office. AUTHORSHIP and POSSESSION give me the RIGHT to copyright it, but until I actually DO, it's fair game. Even with the Berne Convention changes to copyright law, it appears that for me to recover any damages in a court of law, in the US, I need to have REGISTERED the work.
For complete and competent advice, see a qualified lawyer, but I think I just saved you about $500.
Dec 1, 2011 09:32:35 #
Jim is right. In order to protect yourself you need to register the photos with the Copyright Office in DC which you can do conveniently and cheaply on line. As they accept zip files, you can copyright a few hundred photos for the price of one. Added to this protection is that if your photos are registered, the legal fees are also recoverable from the defendant so it will be a snap to get a lawyer to represent you.
There's a great video on copyrighting at Kelbytraining.com.
There's a great video on copyrighting at Kelbytraining.com.
Dec 1, 2011 12:06:05 #
Here is a case in point : I had someone use my photo to make a painting that sold for $3,000. However a good friend told me to register my works with the Copyright office a few yrs back. Since it was registered ($35) I was able to collect damages,legal and court costs. Advise take the time to register your work. With today's softwear watermarks can be removed easily so don't count any type of watermark for protection
Dec 1, 2011 12:43:57 #
Shutterbug305 wrote:
I designed my own logo for my photos I give or sell to people, but I am getting to wonder if I need to do more than put my logo on them. Do I need to get a photography license to further protect my work from those wishing to use it without my ok? If so, how much does it cost and how do I go about doing so? Please tell me all about this matter. Thanks everyone.
The copyright office has an annual copyright that allows you to pay one annual fee for all, and, register each pix as you take it, without paying more fees. If you do a lot of pix, this would save quite a bit of money.
Dec 1, 2011 18:31:06 #
picturedude
Loc: Yosemite natl. park, Ca.
How effective, or legal are the 'poor man" copyright? (Not actual name.) When you send the object to yourself through the Post office. The post mark being the proof of date?
Dec 1, 2011 18:54:05 #
Dec 1, 2011 19:24:03 #
Imagekind.com is a place where artists and photographers sell their work. Here is a link to their section about watermarks.
http://www.imagekind.com/faq.aspx?CID=1#FAQ_113
Just another viewpoint to consider.
Also, you might check out myfreecopyright.com
http://myfreecopyright.com/
Not perfect, but perhaps worth considering.
http://www.imagekind.com/faq.aspx?CID=1#FAQ_113
Just another viewpoint to consider.
Also, you might check out myfreecopyright.com
http://myfreecopyright.com/
Not perfect, but perhaps worth considering.
Dec 1, 2011 22:15:43 #
Thanks everyone for your suggestions. Money is a very big concern for me right now and I have way too many pics to do that with all of them, but I would love to have them all protected. I was advised by my former boss to put a c inside a circle on my work and it gives you 3 years to have them copyrighted and he says after 3 years most people aren't gonna want to do anything with them anyway. What do you all think about that advice? He's pretty savy on most things photography as he had his own business for I think around 30 some years before retiring and becoming an instructor where I attend college now.
Dec 1, 2011 22:21:56 #
Thanks for the free advice JimH. lol I appreciate yours and everyone else's help. Hope to find a way to do that soon, but till I can I need to find a way to do something to keep my work protected.
Dec 1, 2011 22:22:06 #
Technically, once a pic is published, it is copyrighted. If published on the internet, it is internationally copyrighted. Problem is, you have to catch the infringer, infringing, in order to stop him. If the copyright is not registered, you can't sue, just stop him.
The only safe way to protect the photos, is, keep two copies- one watermarked, for publication. The other plain, for sale.
The only safe way to protect the photos, is, keep two copies- one watermarked, for publication. The other plain, for sale.
Dec 2, 2011 07:47:13 #
Shutterbug.... Putting a C with a circle still is no protection from use by others... Photo's that I sell do not have anything on them stating copyright, just only my artist signature. However as I said early,,the best protection is to register with the copyright office.. it only cost $35 per filing NOT PER PHOTO !!! I don't recall if there is a max #. I have done 25 photos at one time.. That is $1.40 per photo.. Can't get any better protection...Other wise you would be spending $1,000's of dollars to prove damages in court. I been there
Dec 2, 2011 07:56:49 #
This information might be helpful:
http://inventors.about.com/od/copyrights/a/CopyrightNotice.htm
And perhaps even this:
http://en.wikipedia.org/wiki/Copyright
http://inventors.about.com/od/copyrights/a/CopyrightNotice.htm
And perhaps even this:
http://en.wikipedia.org/wiki/Copyright
Dec 3, 2011 18:04:20 #
Alright Thanks again. Still have alot of photographs to go through so hopefully I can use only those I really want to work with till I get the chance to go through them all to do so. Again thanks everyone.
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