Copyrighting photographs

Discussion in 'Conversations Forum' started by Georgie, Aug 1, 2007.

  1. Georgie

    Georgie Member

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    I looked, and this seems to be the best place to ask this... how does one go about finding info on everything I need to know about making my photos into art? Do I just need to start framing them and selling them? Do I copyright them? Can you stop people from using them against your wishes if you post them online?

    Thanks, I'm baffled here.
     
  2. photopro

    photopro Well-Known Member

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    Re: General Reminder - On Copyright

    You just asked a tough one! I posted a thread on here a month or so ago about copyright infringement. You can find it here:

    http://www.botanicalgarden.ubc.ca/forums/showthread.php?t=27880&highlight=copyright

    I'm fairly familiar with the US laws concerning copyright since I'm a retired commercial photographer. I've had more than my share of photos stolen and photos from my website end up on eBay all the time illustrating some plant a grower is wanting to sell.

    It seems people think anything on the net is fair game. Its not, but it is still your responsibility to protect your copyright. Legally, the only way you can ever get any financial satisfaction is if you follow the US Copyright law to the letter. You must post a notice of copyright where and when the photo is used by you or anyone you authorize. That notice must contain the copyright symbol (c in a circle) followed by your name and the year of copyright. Then you must file copies of that notice with the Library of Congress using a form they provide. You must also pay a fee. Most commercial photographers just file a bunch of them at the same time with small representations of the photo on a sheet of photo paper containing many images. Check with the Library of Congress for the regulations and forms. If you don't do this, you cannot sue for fees, damages, plus legal fees. If you end up having to pay the legal fees there is little reason to sue! It can be costly.

    Now, the very instant you click the shutter, technically you own the copyright. The law is clear on that. But you don't have much protection if you don't file and follow the rules!! And since most people who are willing to steal them for commercial purposes know that! They try to get away with it as often as possible.

    I've won several lawsuits for my more popular images. My stock agency in New York often has their lawyers do all the work. I just sign the papers. In those cases, the company that tried to use the photo without permission had to cease the use, pay my fee, pay my lawyers, and eat whatever expenses they were out. One hired a photographer to try to duplicate one of my photos and had to pay his fees, three model's fees, and all the expenses. They had to destroy everything! I know one photographer who collected over $78,000 from a major national magazine because that magazine used his photos without negotiating a fee! They tried to send him a check for a very small amount but in the end they paid dearly. And I promise, If I said the name of the magazine, you'd know it! If you elect to send originals to any magazine attach a letter with YOUR terms.

    If you don't have a copy of all the US Copyright laws, check with a copyright lawyer or any of the larger photographer's organizations. Most have booklets containing all you need do to protect yourself. But in the real world of the internet, about all you can do is send a letter of objection and hope they will stop using the image. Once you put it on the internet there is no telling where it will show up! Besides, in the low resolution you will use on the internet, it cannot be used for print quality reproduction.

    And I say this very sincerely, Good Luck!! You'll need it!
     
  3. Georgie

    Georgie Member

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    Re: General Reminder - On Copyright

    Wow, thanks! I was pretty sure I wanted to avoid posting any online, now I know. Thanks again!
     
  4. Daniel Mosquin

    Daniel Mosquin Paragon of Plants UBC Botanical Garden Forums Administrator Forums Moderator 10 Years

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    (moved to Conversations and Chat area)
     

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