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Photography Question 

Pam A. Femrite-Philiph
 

copyright


I was told by a lawyer in casual conversation that all my photos are protected under the general copyright law. If I took the photo it belongs to me and no one has the right to use or reproduce it with out my permission. However there are reasons to have further copyrights written under certain circumstances. Can anyone tell me more about this? Why, When? cost? how? I would appreciate it.


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May 27, 2007

 

Stephanie M. Stevens
  My understanding of these laws is that just by taking the picture you can make someone stop using it without your permission, but if the image is registered with the copyright office then you could collect monetary damages from someone using a picture without your permission. Try searching the threads, there are lots of discussions on this topic.


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May 27, 2007

 

Ariel Lepor
  You do own the picture and all its rights if you took it, and no one can use it legally. However, you often want to write a clear license stating your rights to it, and you want to register the copyright, because it is possible that someone uses your picture illegally, and then you need to prove that you own it.

Ariel
ScrattyPhotography Blog


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May 27, 2007

 

Mark Feldstein
  I'm not sure Pamela, what you mean when you say "reasons to have further copyrights written under certain circumstances".

Your casual consultant lawyer got the answer only partially correct. First, there is no general copyright law. The U.S. copyright laws enumerated under Title 17 U.S. Code, are pretty specific and separate as they apply to things like original writings, photographs, works of art, etc.

I posted a thread here that not many people seemed interested in "copyright for the disinterested." Guess I was right. That thread also talks about timely registration and how it's necessary to enforce your copyright in the federal courts.

Ariel is correct insofar as no one can use the images you create but without your consent. Consent may be verbal but better written, under an agreement for the purposes, say a stock delivery memorandum". And to prove that you own the image, timely registration is necessary to defend your copyright or prosecute an action for infringement. If you go to the copyright site, http://www.copyright.gov you'll find a number of downloadable publications including form VA (visual arts).

Here's another link that you (and your lawyer consultant ;>) should take a look at. http://www.copyright.gov/title17/92chap4.html#408

Take it light
Mark


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May 27, 2007

 

William Crowe
  Mark,

After visiting the gov site, I was left with a major question - Does EACH photograph require copyrighting (with applicable fees $45)???

Thanks for your input and expertise


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May 28, 2007

 

Mark Feldstein
  William: I believe you'll find the info you're looking for on the instruction page for submitting work for copyright on form VA. You can submit multiple images for the same filing fee, up to 40 on each form with a single fee, I believe.
Take it light.
M


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May 28, 2007

 
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