 Dan C |
copyright and your local film developer Amidst all the tax forms, legal documents and etc. that I have been reading and learning, there is one aspect that I am a little confused about as far as copyright goes for photography. I have a local semi-pro photo shop that develops my pictures. I have noticed that all types of photographers go here from the point and shooters to the prof. photographer. I myself am inbetween somewhere getting ready to start my business. When I bring my film in to be processed, I am wondering what kind of protection that I have from one of the workers "taking" some of my better shots and calling it there own. Not to say that my shots are the best out there, though. I know that as soon as an idea is captured on to film it is considered copywritten (this word is not in my dictionary so I am not sure if I spelled it right) but it is not actually registered since I dont yet have the physical picture in my hand to send to the registration office. It is this inbetween period that I am concerned about that my pictures may be taken advantaged of and possibly pocketed. I know there are release forms that you can have them sign, but of the prof photographers I have seen go in there they dont seem to have them sign anything. Perhaps they have one on file with them? And who is to say they wouldnt fudge the original negative that was in fact good and take the good one while I get the bad one? OK I know these are extreme cases and I have not heard anything like that happen yet or read it anywhere. My paranoia does have its birthplace though, ever since the place I used to go to gave me back a roll and said there wasnt any film in it what so ever and gave me back the canister. One more question and I am sorry that this is so wordy (as I can be sometimes), but I have noticed that the negatives that I get back always have a piece cut off that has a number on it, usually I think it is the end of the roll on a blank spot. Is this a way to keep track of the film? If so how do I know that number in advance. Thank you so much for any answers in advance! Dan
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Laljit S. Sidhu |
A couple of issues. First, an image is copyrighted upon creation, just like any other creative work, and does not need to be registered with the copyright office. Second, the likelihood of someone actually stealing an image and atempting to claim it as one's own ... especially, a photo lab or other professional service ... is extremely remote. This scenario is as unlikely as the novelist who's work gets stolen by the publishing house editor. Lab, editors, agents, etc. make their living by working with other peoples creative efforts. Stealing that very customers' work would be an extremely poor business decision. Also, on a side note (and this is not meant to be a slight to you), but photographers have a tendency to presume that their own work is somehow brilliant enough to warrant stealing. Professional photo labs see a lot of images. If they had the propensity to steal other photographer's work, wouldn't the lab already have a reputation for such? I am sure that the lab has likely processed some works in the past worthy of stealing. My suggestion, don't worry too much about the lab stealing your work. Its very unlikely to happen. Relax. You have to be able to establish a relationship with your lab and trust their work. How can you do that if you don't even trust them to respect your copyright? Just my 2 cents.
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Dan C |
Thank you for your answer. I do feel a little more confident now that you said that. However I was not implying that my photos are the most brilliant out there. But I shall find out soon enough if they are saleable. I have read Legal Guide for the Visual Artist by Tad Crawford and this issue is brought up briefly on page 113 under Bailment and Submission/Holding forms. If it was not mentioned here I probably wouldnt be as concerned but being somewhat a newbie in the bussines rather than a hobbiest I want to make sure I protect all my rights as much as possible and cover my butt. Perhaps I am a bit paranoid but I think it is quite normal at least to be cautious and ask for opinions especially since I may be taken advantage of. This is not to say that everyone who develops film is a crook, but not everyone is nice and trustworthy either. Especially in a place that does have a slight turnover rate with the employees. Im sure one would rather take from an un established photographer than one who has a name. But like you said, "This scenario is as unlikely as the novelist who's work gets stolen by the publishing house editor" rings true. Im just covering my basis as much as I can. Thank you for your input!
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