how does copy righting work?

[rojo]

i work for a company that has a landscape construction co. and a nursery. i do all the photo's for the advertising. there is one magazine that we advertise regulary with. we recieved the new issue and noticed they had used one of our (my) pics for one of there own ad capaigns. they were vey apoligetic but nothing beyond that. my question is, is this ok, can they just use the photo's how ever they please once we send them over to them. we are not looking for money, but they used the photo's with real construction names and numbers and did not even give us any credit for the pic. any thought's besides not using them anymore, we already came up with that one on our own, thank's .

[PhotosGuy]

Generally, a soon as you take a pic, you own the ©. You don't have to put © info on it, but you should.
If I remember correctly, the fine for using copyrighted work without written permission is $100,000 per violation.

Copyright and Fair Use Overview
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/index.html

[gramps]

how do you get the copyright symbol to come out on the computer when you type?

[Motorsports Photo]

Start with sending them a bill based on the usage.

If they dont pay it, register your nursery images, and go after them legally.

Before you go through the rigamarole, balance the potential after effects with the costs of legal proceedings.

Honestly, I dont understand how a publication could NOT know or understand copyright.

-Pete

[spoolin_photography]

how do you get the copyright symbol to come out on the computer when you type?

i just go into MS word and do (c) then when you press space you get the © or press alt+ctrl+c in word, then just coppy and paste

shane

[kim]

i work for a company that has a landscape construction co. and a nursery. i do all the photo's for the advertising. there is one magazine that we advertise regulary with. we recieved the new issue and noticed they had used one of our (my) pics for one of there own ad capaigns. they were vey apoligetic
If they're truly apologetic they won't mind a civil discussion about a usage fee. I guess (without knowing the magazine) it's hard to determine what the usage would be worth.
I'd give them a call and just ask them what they believe the usage was worth. If you're uncomfortable asking for money, explain to them that it has already been deemed that future work will be lost due to their indiscretion. If they don't think they should pay, ask them if they're willing to give you a free full page ad to compensate. If they scoff, remind them of their legal obligations.

good luck.

And to gramps - Option-g on a mac for ©

[PhotosGuy]

how do you get the copyright symbol to come out on the computer when you type?
Hold down ALT & type 0169 ON THE KEYPAD.

If they dont pay it, register your nursery images, and go after them legally.
As a side note, you don't have to register them individually. Put all (any subject, or group of subjects, or just different pics) the images on a CD & just register it! You can save a TON of $s that way!

[Qurlyjoe]

www.copyright.gov (http://www.copyright.gov) should cover the bases.

[billsh]

Thanks for the link Joe. I have a couple images I was considering registering but wasn't sure where to start. You just saved me some research time I can spend doing what I really enjoy. SHOOTING !!! :D

[Motorsports Photo]

Just so you know- You dont have to register the images, but you HAVE to register the images to get the treble damages.

Of course the before mentioned trade for advertising space should work best for all parties.

For anyone looking for other symbols, find "character map" in your "system tools" folder. (At least thats where its at in my old Win 98) Some characters are font dependent. The © symbol doesnt seem to be.

-Pete

[arumdevil]

For anyone looking for other symbols, find "character map" in your "system tools" folder. (At least thats where its at in my old Win 98) Some characters are font dependent. The © symbol doesnt seem to be.

-Pete

and if there are any mac users wondering how to make the © symbol and feeling left out by all the above methods, simply hold the alt key and press G.

©ool!

[mjordan]

By registering your images with the copyright office, you gain the added benifit of the infringing party paying all legal costs and lawyer fees. This can go upwards of $50K if it goes all the way, so it's a big incentive to register as well as for someone to settle before it goes to court. If you don't register you can still sue but you might not be awarded anything and it might not be enough to start covering the legal costs.

Also, you have to register your images with the copyright office before an infringement occurs to be able to get the special provsion above. It won't work for that infringement if you wait till afterwards. Also, you have to register within 90 days of your images being published. To the copyright office, publish means selling, leaseing, renting, etc., your image. It doesn't necessarily mean posting them on a web site or showing them to people on sites like this or even being published in a magazine other other publication.

To register your images, all you need to do is create thumbnails big enough that you can clearly see the image so you can prove it's yours. You can submit a CD full of thumbnails as long as they are all published or un-published. You also fill out the VA (Visual Arts) form (takes about 15 minutes the first time and a lot quicker fron then on) and pay $30 per form.

Everyone should be registering anything that sees the light of day or is viewed by anyone. You never know what someone will find of yours that you think is a throw-away but they can turn into a work of art and sell a million of. I know because I had something like this happen to me.

If you are infringed upon, you can't take them to small claims court if they don't pay a bill you send them after the fact. Sending copies to yourself in the mail do not count for much in a court of law. Yes, your images are under your copyright the moment you create them. Yes, it costs a fortune to sue in Federal Court and IP (Intellectual Lawyers) cost more than your regular lawyer. But you need one licencesed to work in a Federal Court, which is where copyright, trademarks, logos, etc., are handled. Copyright registration starts the day the copyright office receives it, so send it delivery conformation. You will get a certificate of registration in about 3 to 6 months and it will show up in the online database about 3 months after that.

If nothing else, think of registering your images as a lottery ticket that never expires. :lol:

Mike

[kim]

By registering your images with the copyright office, you gain the added benifit of the infringing party paying all legal costs and lawyer fees. This can go upwards of $50K if it goes all the way, so it's a big incentive to register as well as for someone to settle before it goes to court. If you don't register you can still sue but you might not be awarded anything and it might not be enough to start covering the legal costs.

this is interesting. In Australia there is no such thing as 'registering' for copyright. It is not only implied but is automatically applied. if the original poster's circumstances happened here, we could simply send them a bill for usage or sue their pants off:)

Mind you, I would be inclined to choose a less confrontational route (especially if they are genuinely apologetic) and negotiate a mutually agreeable payment but registering sounds like some government departments grab for a few extra bucks.

cheers

kim

[Marvin Scott]

The copyright emblem is a part of the shapes tool bar option in Adobe Photoshop 7.0. It is possible that it is also a part of earlier versions of Photoshop, but I am not sure.

Marvin
www.marvinscott.com

[mjordan]

Kim, we can still do both of what you said, but with actually having the images registered first, we get the added bonus of having the infringer pay for the total cost of them being sued. I don't know how much it cost in your country to sue someone for copyright infringement, or if your laws have the loser pay for the legal fees, but here in the US, in most cases, you have to have money to be able to sue someone... even when the person suing is totally and legally in the right. And at the cost of only $30 for a CD of images, it's just like having insurance. And if someone is infringed on and they are told that they can either pay the fee or pay to get sued, most will opt to pay the fee... especially after they talk to a IP lawyer and it's explained to them what it means to be sued and lose to someone that holds the copyright registration. :lol:

But the copyright holder always has the option to sue, regardless of if he images are registered or not. In fact, the US is probably the most sue happy country in the world.

Mike

[kim]

Kim, we can still do both of what you said, but with actually having the images registered first, we get the added bonus of having the infringer pay for the total cost of them being sued. I don't know how much it cost in your country to sue someone for copyright infringement, or if your laws have the loser pay for the legal fees,

In fact, the US is probably the most sue happy country in the world.
Mike

<grin> yeah, you guys love to keep lawyers in Mercedes.

You're corect about the legal costs out here. If I were to sue someone and win, the court would almost certainly award me costs as well as damages (meaning the other bast@rd pays). I think (Legal) Costs are at the discretion of the court but it would be extremely unlikely not to get awarded costs if you win.

having said all that, negotiation would always be my first choice unless the people you're dealing with are deliberately ripping you off and are trying to blow you off. Then the court becomes your friend - it's amazing the affect a letter from a lawyer can have on someone's attitude to negotiation.

cheers

kim

[Motorsports Photo]

SInce legal action got discussed-

Most Lawyers AND Judges really have no clue about copyright law. You'll need a lawyer who can handhold the jude through it.

I think using the description "intellectual property" is too many syllables for them.

:)


-Pete