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another copyright question

This is a discussion on another copyright question within the Business Talk forums, part of the Business Discussion category; I apologize if this has been asked/covered. I did "search" for "copyright laws" and "copyright photo", but did not see ...

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another copyright question - 10-05-2011, 01:50 AM


I apologize if this has been asked/covered. I did "search" for "copyright laws" and "copyright photo", but did not see this covered.

Are photographs covered/protected by US copyright laws just because the copyright symbol is displayed, or "copyright Scott McAlister. MUST have written permission to reproduce or download." is written underneath/on the photo, or is it required to also complete the copyright registration process and pay the fee?

What links are available to support this? All I found was the page describing the process and a link for the registration form.

Thank you for the help
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10-05-2011, 06:37 AM


From a few conversations I've had, I believe you have to send them in and pay the fee. However, you pay the fee per submissions so people use lower quality jpgs and zip them together. I know people who submit 1000s of photos at once and therefore pay one fee for them.

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10-05-2011, 06:40 AM


I think to simply put it....

You own it when you create it.
You file with the copyright office so you have teeth in the courtroom.
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10-05-2011, 06:43 AM


A photograph is copyrighted as soon as you take it. There is no need to even put a mark on it explaining that it is copyrighted.

However, if someone violates your copyright with or without the mark, then you are entitled to actual damages - which is what it would have cost them to license the photo. If it was on a website, that could be a few dollars.

But if you register it, you are entitled to actual damages, punitive damages of up to $150,000 and reasonable lawyers fees. There are also extra punitive damages for removing a watermark and removing embedded metadata that identifies the work as copyrighted.
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10-05-2011, 09:14 AM


Quote:
Originally Posted by Tom View Post
A photograph is copyrighted as soon as you take it. There is no need to even put a mark on it explaining that it is copyrighted.

======

Yep, correct.

Now pass "Go", and collect your $200 . :)
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10-05-2011, 10:20 AM


Thank you for the quick answers.
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10-05-2011, 11:10 AM


Here is why I was asking. I had shared an image with a federal organization that had requested to post the image on their website. I posted on my facebook, where the image is also posted with the phrase, "copyright Scott McAlister. MUST have written permission to reproduce or download" under it, that the image had been posted on their website with my permission. This is a reply someone posted on my facebook page.

BackCountry AtvandPowersports commented on your link.
BackCountry wrote: "No need to authorize that pic has been posted several times. Since when did you get any authority to make decisions. Who gave you the authority?"


I just deleted the entire posting, as I do not have time to argue about my property, and e-mailed the Information Officer and asked her to add the phrase under the image on their website.

Thanks again for confirming what I already thought to be true.....
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10-05-2011, 11:25 AM


Quote:
Originally Posted by Scott...yer crazy View Post
Here is why I was asking. I had shared an image with a federal organization that had requested to post the image on their website. I posted on my facebook, where the image is also posted with the phrase, "copyright Scott McAlister. MUST have written permission to reproduce or download" under it, that the image had been posted on their website with my permission. This is a reply someone posted on my facebook page.

BackCountry AtvandPowersports commented on your link.
BackCountry wrote: "No need to authorize that pic has been posted several times. Since when did you get any authority to make decisions. Who gave you the authority?"


I just deleted the entire posting, as I do not have time to argue about my property, and e-mailed the Information Officer and asked her to add the phrase under the image on their website.

Thanks again for confirming what I already thought to be true.....
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10-05-2011, 11:26 AM


Did you license the photo to them and specify how, when and where they could use it?

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10-05-2011, 12:57 PM


Quote:
Originally Posted by Tom View Post
Did you license the photo to them and specify how, when and where they could use it?
I gave them permission to post the photo on their website. I am not having a problem with them. The problem is with one person who became a self appointed leader of a group of volunteers that ended up coordinating the rehab efforts for the Tri-County Fire last month.

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10-05-2011, 01:21 PM


Before you post any image on someone else's site, read their TOS, Terms of Service. In most cases, you are granting them full and equal to your own right to do anything they want with the image, including profit from it, without any compensation to you. This includes Facebook, as well. In that case, there can be no copyright infringement, as you granted consent when you uploaded it.

I'm not talking about selling/granting rights to an end user, but hosting sites, social sites, etc.
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10-05-2011, 01:26 PM


Quote:
Originally Posted by Scott...yer crazy View Post
I gave them permission to post the photo on their website. I am not having a problem with them. The problem is with one person who became a self appointed leader of a group of volunteers that ended up coordinating the rehab efforts for the Tri-County Fire last month.

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When you allow someone to use a pic, you generally have to spell out the usage (what is and isn't ok) simply because people don't know.

What do you want them to do? Take down your pic? Credit you?

If you want them to take down the pic, find the host of the site, email them a DMCA Takedown notice.
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10-05-2011, 01:54 PM


Sorry for the confusion :) There are two separate Areas here.
1) I gave CALIFORNIA INTERAGENCY INCIDENT MANAGEMENT TEAM 4 permission to use the photo as they wish. There is no problem with this group, or their use of the image. I posted on facebook, that I had given them permission to use the image and.....

2) Some self appointed, power hungry control freak, that thinks he is the "leader" of a group of us volunteers, is publicly questioning my authority to give permission to "anyone" to use my photo. I just needed clarification that a photo is copyrighted and owned by the person that took the picture, and nothing had to be registered with the US Copyright office, before I blast this idiot with my reply of, "I am authorized by the US Copyright Laws that I own the image, and may give permission to who ever the hell I want to. I do not answer to you...."

I just needed clarification from my Photography Forum Family before I blasted this specific idiot.
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10-05-2011, 01:57 PM


Quote:
Originally Posted by Scott...yer crazy View Post
Sorry for the confusion :) There are two separate Areas here.
1) I gave CALIFORNIA INTERAGENCY INCIDENT MANAGEMENT TEAM 4 permission to use the photo as they wish. There is no problem with this group, or their use of the image. I posted on facebook, that I had given them permission to use the image and.....

2) Some self appointed, power hungry control freak, that thinks he is the "leader" of a group of us volunteers, is publicly questioning my authority to give permission to "anyone" to use my photo. I just needed clarification that a photo is copyrighted and owned by the person that took the picture, and nothing had to be registered with the US Copyright office, before I blast this idiot with my reply of, "I am authorized by the US Copyright Laws that I own the image, and may give permission to who ever the hell I want to. I do not answer to you...."

I just needed clarification from my Photography Forum Family before I blasted this specific idiot.
Most likely said idiot assumes you pulled it from the first website then you attempted to copyright it. Or they assume that once it's on the web anyone can do anything the want to it (true, although not legally).

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10-05-2011, 02:09 PM


semi-related: You have 90 days from first publish date to register the copyright and still get punitive damages for mis use.
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