BetterPhoto Q&A
Category: New Answers

copyright

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October 15, 2004

You cannot copyright an idea but you can copyright the tangible expression of that idea. The law has changed several times in the last half century and now is pretty good for the photographer: you create it and you have a "common law" copyright even without posting the notice and symbol. But that is a right to the commercial gain from your efforts. it is not the copying of it that is illegal it is the robbing you of your just recompense for your work depending on how that copy is used. But having the right, protecting it, and then recovering for loss are all very different issues.
I'd highly recommend that if you are interested (and every photographer OUGHT to be highly interested) you get a good book on the current state of "Intellectual Property Law" and study it carefully.
And YES, you should ALWAYS have a client sign a contract stipulating with great specificity what rights you are transfering to them and you should properly copyright your work with the government. Why? Because although you can sue for real damages based on common law rights, with an official copyright status you can recover attorney's fees as well as punitive damages and that makes it worth pursuing when other times the attorney's fees more than obliterate any real losses you might have. Adding the copyright notice and symbol takes away any chance they can plead innocent usage.
BTW you should also ALWAYS have releases from subjects and from private property owners of any pictures you intend to make money from either directly or indirectly. Most art buyers won't touch a photo without it.

David
www.ndavidking.com

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November 12, 2004