Copyright laws

[Doom1701e]

I have a bit of a problem. I posted a picture on a forum back in april that a friend had sent me. He was shooting at the NY Auto Show during press day. Anyways, he sent me some of his shots of the new corvette and I posted them on the corvetteforum website. I did post at the bottom a copyright notice with his name on them but there was a revision to the post. Now, a corvette brokerage company took one of the images without permission and used it on their website. The brokerage company claims that copyright notice was not there when they took the image and that the copyright notice was posted after they took the image at the time of the revision to the post. I am pretty sure that the copyright notice was on the origianl post but I am just not 100% sure. Even if there wasent a notice on there, are his pictures still covered under copyright laws and did this brokerage company still infringe on his rights by taking the picture if there wasent a copyright notice? Thanks!

[tommykjensen]

The copyright notice does not matter. They violated the photograpers copyright pure and simple and they try to get away with it by saying that an image must include a copyright notice.

[RichardtheSane]

If the photographer can prove the image was his then it is a definate and provable breach of copyright.

What he could do is send them an invoice for use of his image up to the invoice dade, and enclose his pricing for continues use of the image. He would be well within his rights to do this and the company probably know it.

[IndyJeff]

Doom the copyright notice doesn't have to be present in order to be enforced. Your friend should contact an attorney and move on from there. However, did your friend register the images with the copyright office? If not them he is basically SOL. While he can still sue for them using his image without permission, being unregistered it may very well cost him more than he would recieve in a judgement.

My advice would be to print out the page with the photo on it. Send them an invoice for use from the time you discovered it to the present. Also list a fee for use for the next year on a month to month basis. The fee for the unlicensed use should be at least double the licensed fee for future use.
Give them 14 days to respond and if you hear nothing from them, send them a cease and desist letter. If they continue, contact the attorney but, be sure to ask him about what this will cost you.

Good luck and this is just another example of why registering your images is worth the money. If it was registered, it is a slam dunk lawsuit.

[stopbath]

I am not a lawer but I think that you need not 'register' an image to have copyright. Copyright is automatic to the creator. The original file from the camera is all the evidence you need to prove when the image was created. Since the copy they sucked off the net is dated later than the original copy, they do not have rights. (Maybe they can alter the image, but still your posting is not from before the date the photo was taken.)

Check the web site you posted at. Did the websight say "All images are public domain unless specified" or does it say "All rights remain with original photographers"...

Good luck.

[Jon]

Going back to the beginning . . . Did you have permission to post the image? IANAL, but I'd think that if you didn't have his permission to post, you might be liable for your violation (which, being not-for-profit, right? wouldn't be much) and the absence of the copyright notice on the photo wouldn't exempt the other party from responsibility. Also, see if the original site has a general copyright notice on it, or rules governing use of material posted there.

[timmyquest]

I am not a lawer but I think that you need not 'register' an image to have copyright. Copyright is automatic to the creator. The original file from the camera is all the evidence you need to prove when the image was created. Since the copy they sucked off the net is dated later than the original copy, they do not have rights. (Maybe they can alter the image, but still your posting is not from before the date the photo was taken.)

Check the web site you posted at. Did the websight say "All images are public domain unless specified" or does it say "All rights remain with original photographers"...

Good luck.

I got the following info from copyright.org or copyright.gov or whatever it is.

But any form of art or literature is automatically copywritten to its creator for their entire life and 50 years after their death.

Registereing things only makes it easier to protect them, it is far from a requirement.

[IndyJeff]

Registering your image isn't required to sue someone over an infringment but, if the image is registered they also will be responsible for your attorney fees. If the image isn't registered there is no provision that they will be made to pay for your attorney fees. Now if you sue them, an average cost on a copright law suit is around $50,000. You be the judge, $30 for a cd of images or $50,000 for attorney fees and a judgement of $12,000 for illegal use of an image. The judgement will also take into consideration how much money they made off your image and how much revenue you lost due to the theft of the image.
Also the burden of proof of date of creation/ownership is upon you if the image is not registered.

[JohnEBongo]

Sory if this is a dumb question, I am a beginner.....so what is the process of registering pictures??

[Doom1701e]

Going back to the beginning . . . Did you have permission to post the image?

Yes I did.

[IndyJeff]

Sory if this is a dumb question, I am a beginner.....so what is the process of registering pictures??

Bongo it is a very good question, not a dumb one.


Go to copyright office (http://www.copyright.gov/) and do some reading about how to register. IMHO the best way is to register by a group, i.e. Month of August 2004 Portraits, Indy500 2004, etc and send in a whole cd full of images. Still costs $30. When you make the cd, make a copy for yourself, exactly the same as the one you send in.
Download the application form, print it out and fill it out. Not very hard, if you get stuck on a question PM me, I'll help you but, I seriously doubt you will need any help. I didn't LOL

I don't register as much as I should but, if you post a lot of images on the web it is a good idea. All the images I take at the HS football games this season will be registered.