Your photographs. Your rights under the U.S. Copyright Law!

Discussion in 'Conversations Forum' started by photopro, Jun 15, 2008.

  1. photopro

    photopro Well-Known Member

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    Please understand, I am a retired commercial photographer with well over 20 years experience and jealously protect my U.S. Copyright Law rights! I published my first magazine work in 1977 and wrote over 300 nationally published articles which I also illustrated. But I am still publishing articles today, just not on a regular basis. My personal website has the copyright ownership stated on every single page. But I still find my photos "stolen" and used on other websites all the time. Normally, I just ask they be removed or credit given as to where the photo was obtained.

    I do not openly threaten anyone. I freely grant people who ask the right to use my photographs. But I own them! That is the U.S. Copyright Law.

    You DO NOT have to file any forms or pay any fees to own a copyright. Legally, that copyright is created at the second you press the shutter. But if you wish to file a lawsuit, and I have, for copyright infringement and collect the legal fees acquired as a part of the settlement you need to file the correct forms and pay a fee. Those forms are filed with the U.S. Library of Congress. You can copyright pages of photographs at the same time for a single fee! Just read the law or contact a copyright attorney for the details. But you own your work regardless of whether you file or not! But not filing does not limit your right to protect your copyright!

    It is best if you feel your work has value to file the forms with the Library of Congress and pay the small fee. But technically all you need do is add this: Photograph Copyright (year) and your name. That is legally all you need do. But you don't even have to do that! Just clicking the shutter grants you legal ownership!

    Here are links that explain the U.S. Copyright law:

    http://www.copyright.gov/help/faq/faq-fairuse.html

    http://www.copyright.gov/help/faq/faq-protect.html

    http://www.editorialphoto.com/copyright/

    If you check the website of the American Society of of Media Photographers you will find more.

    This is not intended to be a threat to anyone. But if you wish to use anyone's photo, ASK FIRST! Legally, lifting a photo from the internet is theft. Check the law. And the owner has every right to sue! I've been paid multiple thousands of dollars at one time for such theft of my work. But I've been retired for many years.

    I was a working professional from 1979 until I retired in 2001. I can document all the work I've published.

    Just ask first! Someone may bite! Hard!!
     
    Last edited by a moderator: Jun 15, 2008
  2. M. D. Vaden

    M. D. Vaden Active Member 10 Years

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    Thanks for that tip about filing pages of images at one time for a single filing fee. I may check into that someday.

    This subject is actually interesting as I learn more.
     
  3. Michael F

    Michael F Paragon of Plants Forums Moderator 10 Years

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    With this host based in Canada, does Canadian copyright law differ in any way?
     
  4. Eric La Fountaine

    Eric La Fountaine Contributor UBC Botanical Garden Forums Administrator Forums Moderator 10 Years

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    I don't really know too much about this, but I think Canadian and U.S. copyright laws are very similar. Most countries have similar laws and have signed one of the international agreements regarding copyright.

    http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/copy_gd_protect-e.html#8

    from

    http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/copy_gd_protect-e.html

    We try to make people aware of this whenever images are posted that appear to have come from a copyrighted source and if I am sure it is from another site I will pull the image until the poster clarifies the issue. They may be the owner or have permission.
     
  5. Daniel Mosquin

    Daniel Mosquin Esteemed Contributor UBC Botanical Garden Forums Administrator Forums Moderator 10 Years

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    Yes, there are differences. One of the most glaring is that Canada does not yet have a "fair-use" exemption for usage of copyrighted items in educational contexts. Arguably, this means we have to be more restrictive than we would need to be if we were hosted in the US.
     
  6. M. D. Vaden

    M. D. Vaden Active Member 10 Years

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    So in Canada, it would be much more convenient to fair use images that came from the USA, which seems to leave an abundance.

    Does that work ???
     
  7. Kratz7

    Kratz7 Member

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    Thanks for this information,

    I am a camera buff and love taking photos. I was paid a complement last Summer when I went to Walmart to print one of my butterfly photos. The girl that went through my printed photossaid this looks like a professional photograph.....Do you have the photographer's permission to use this photo. I chuckled and said "that's my photo I took it" The girl then gave me a form to register it with a copyright. That form only flags it for printing at walmart...... and if I gave it a title. .....I have to admit I take photos for fun and memories of my gardening.


    Here's the photo......

    http://pic20.picturetrail.com:80/VOL1229/4253897/20195621/327679138.jpg


    Kratz7
     
  8. TrentCoole

    TrentCoole Member

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    Thank you folks for that bit of enlightenment. I like to share my photos so this is great to know.

    By the way, I would have to agree Kratz7, that is an impressive image you captured, worthy of comparison to those I've seen through other mediums. Right on.
     
  9. Kratz7

    Kratz7 Member

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    Thanks for the compliment Trent.... I do love taking photos and share them with my gardening budies.....

    Kratz7
     

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