Alley in Pisa, Italy

by Lars Kotthoff

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30

Simply put you don't have to do anything to "copyright" your photographs, as the creator the image is yours, you automatically own the copyright, which is short for the right to copy. You can optionally register your copyright (via the lengthy process in your link, varies from country to country). All this does is make it easier to claim damages if your ...


23

I think adding your copyright info to the meta of the images is more important than a watermark. I understand both sides of the "to watermark, or not to watermark" discussion, and both have valid points. But more important is that you should always added copyright and contact info to your file's meta data. There's really no excuse not to - it doesn't ...


22

A photograph is no more its subject than a descriptive paragraph would be. It has no depth, no shape, just a one dimensional recording of light. In practice, the situation you've describe is legal because to make it illegal would be absolutely ridiculous. Should authors pay royalties for describing landmarks? What if someone builds a model of a train ...


21

I think probably they do deter misuse. Psychologically, using an plain image without credit is a different beast than using one with COPYRIGHT ROLAND SHAW staring you in the face (or taking active steps to remove the watermark). Also, there's more opportunities for people in the chain who might not otherwise think of it to say "hey, do we have permission for ...


17

In most countries copyright registration is not required, and copyright is granted by the act of publication. In the US, voluntary registration is available, which is needed to sue for infringement, and gives the copyright holder more possibilities when collecting damages. As far as the scenarios go, both will include elements of the original work, so they ...


17

IANAL, and this advice is U.S.-centric 'cause that's where I live and work... but this is how my lawyer explained it to me for my own photography business... If the picture was taken on private property and the store is identifiable, you do need to get a location release in order to be able to sell it. If, however, the store is not identifiable, you can go ...


16

The copyright belongs to the photographer unless otherwise specified in writing. However, depending on local laws you may not have the right to take pictures of some subjects, and may only have permission to sell your images of certain subjects with expressed consent.


16

Main issues that are related to usage of your pictures are the following: Copyright In most circumstances, you own copyright to photos you take, and can do whatever you want with them. The exception is either when you've assigned copyright to someone else (paper you shoot for, for example), or when you'd infrige someone else's copyright. For example, when ...


16

It is a regular occurance that someone insists on taking a photo of me at weddings, saying "you taking all these photos but I bet you never have any of you!" when in fact I have a photo of me at pretty much every one! Here are some of the best ones: I find it impolite to refuse, so I simply don't use the photos (they are usually out of focus anyway). In ...


16

This varies widely based on jurisdiction, and there are widespread misconceptions about it. The photographer is normally the sole owner of the copyright in the photograph. However, local personality rights (aka right of publicity) may limit the use of an image without permission of the subject. Personality rights vary from nation to nation and even within a ...


16

Legal Disclaimer The following is for general information purposes only and should not be taken as legal advice for any particular situation. If you have a specific concern you should consult with an attorney familiar with the relevant issues in the jurisdiction in question. Since the questioner indicated they were located in the U.S., this answer assumes ...


15

Pricing details, even if you are doing it for free Session details, when/where/etc What happens if you can't make the session What happens if you lose the images Model Release if you want to use the photos to promote yourself Those are the biggies.


15

The photographer retains the copyright unless he or she specifically assigns them it to someone else. However, usage is a different matter. The photographer may not use an image of you -- where you are readily recognizable -- without your release. This is called a "model release." If you did not sign a model release, the best way to proceed might be to tell ...


14

I use a D90, and i took some advice from Ken Rockwell, and put a copyright notice in the camera's comment field, which is stamped into the EXIF data of every image.


13

There is one very important distinction to be made: Do you want to seek penalty damages for copyright infringement? By US copyright law, any original content (and special derivative works of copyrighted material) are automatically copyrighted by the creator. There are specific instances in which even if you are the creator, the copyright is owned by someone ...


13

You're entering into a contract - you agree to follow their rules, and they agree to let you into the concert. Any event that requires a ticket or is held on private property isn't truly a "public" event, and the property holders or event organizers can set their own rules. It's much like this website. Yes, you may use this website for free, and it's ...


13

Generally speaking, the US Copyright Office's terse answer is a complete reply: the copyright of the photo belongs to the photographer. The owner of the property may also have some rights which could limit the photographer's commercial use of the material (including, for example, selling it to you). I know one old photo seems like a little thing and it ...


12

In general, the copyright is held by the photographer taking the photo (with a few minor exceptions, such as if they've a contract which transfers the rights to another person, such as their employer). The rights holder may choose to licence their work to you, either in exchange for a fee (something like a stock image library) or sometimes without a fee ...


11

In the US, there is really not any debate. The creator of the work automatically has copyright, except in the case of works-for-hire, where someone else does. Posting, reblogging, or sharing that work doesn't destroy that right. In some cases, you may be able to claim that your painting is transformative, and not a derivative of the original. But the ...


10

Sites like deviantART, flickr etc. will usually include the relevant copyright info with the images, look for one or more of the following symbols: I have to say flickr does this considerably better than deviantART, and will let you search images which you are explicitly granted permission to use. If the license isn't stated clearly you have to assume ...


10

Legally, it may or may not — you'd probably have to have a court case to determine your particulars. (The law simply isn't clear-cut.) Strictly speaking, you'd probably make de minimis arguments (I just used a small part; it wasn't really important; there was no commercial impact; it's only used in a small way) rather than fair use. But the court cases for ...


10

My personal opinion on this is that, while I understand the photographer's position, your wedding album is not her portfolio, even if you want something hideous it's your right as the one paying for the job - I wouldn't agree to her terms. I believe, that for a full price job the service provider can't put his/her own interest above the client's. You can ...


10

The question here is "what exactly did you sell"? There are two major possibilities here: You sold the copyright to the photo. In that case, you gave up all rights to it and you can't now use the photo on Facebook or anywhere else, or sell the photo to other artists. In particular, the buyer could now modify the photograph to his choosing and you'd have no ...


9

You seem to be mixing up two different concepts, copyright and licensing. As a photographer, you own the copyright for images you create (unless you have other contracts which override this, such as a work for hire agreement). The only other action to take regarding your copyright is optionally registering as such (which is usually optional). Your main ...


9

Your work is always copyrighted, there is no need to register it somewhere. This implied copyright means that you have all the rights to your work. (If you release your work under a certain license it means the same or reduced rights, you can't use a license to increase your rights.) Whether a copy of your work is legal or not, depends on the sitation. If ...


9

I am generally of the opinion that people with no respect for copyright will continue to ignore/subvert any deterrents that you use. If they can see it, they can steal it. Watermarking, however, can be used as a marketing tool, and as long as it does not detract from the image itself it is completely valid. As far as tracking down usage, there are lots of ...


9

Legally -- In the US, creative works do not need a copyright notice to be protected by copyright. Unless there is text or mark along with the image explicitly allowing non-commercial use (assuming your website is non-commercial) the answer is no. Morally -- It isn't cool to represent someone else's work as your own and it isn't cool to put another person's ...


9

The short and simple answer is that a photograph is a form of expression. I'm free to express myself as long as I don't infringe on somebody else's rights in doing so. In the case of something like street photography, that usually works out fairly simply: if I take a picture in a place where somebody has a reasonable expectation of privacy, then I'm ...


9

A photographer friend has agreed to take some sexy pictures of me. I trust him, but I don't want them to somehow wind up all over the internet. Avoid this situation by not letting him take away the memory card in the first place. Have him take the pictures using your memory card and collect it from him immediately after the pictures are taken. This ...



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