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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 05 Jan 2012 (Thursday) 10:23
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Copyright violation

 
aliengin
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Jan 05, 2012 23:32 |  #16

Mike30D wrote in post #13653303 (external link)
Are your images registered with the US copyright office? If not then there isn't much you can do but ask them to take them down.

Even with watermarks and the copyright symbol on them, any I.P. lawyer worth their salt (and has actually gone to trial) will tell you it won't hold up in court unless they are registered.

I know. But they don't know that.


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kjonnnn
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Jan 05, 2012 23:36 |  #17

http://www.copyright.g​ov …faq-general.html#register (external link)

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”




  
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RDKirk
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Jan 05, 2012 23:49 |  #18

Mike30D wrote in post #13653303 (external link)
Are your images registered with the US copyright office? If not then there isn't much you can do but ask them to take them down.

Even with watermarks and the copyright symbol on them, any I.P. lawyer worth their salt (and has actually gone to trial) will tell you it won't hold up in court unless they are registered.

Not necessarily true. You have three months to register them after an infringement to get full protection.

The US does recognize copyright without registration--you just won't receive statutory damages. Even without registration, if the infringer has deep pockets and has put the images to serious commercial use, the actual damages can be well worth the legal effort even without statutory damages--or may be worth a decent settlement just upon a threat.

So says Edward C. Greenberg, who is an IP lawyer worth his salt.




  
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aliengin
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Jan 06, 2012 07:28 as a reply to  @ RDKirk's post |  #19

So what does Digimark does? Does it only tracks the images or register for copyright also?
I wish there was a faster or automated way to copyright images, its just impossible to do paperwork and pay $35 fee everytime I shoot. I usually produce 100-150 images per event and by the time they registered (which will probably take 3-4 days at least) images would be worthless.


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Bosscat
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Jan 06, 2012 08:05 |  #20

Welcome to the cesspool that is the internet and this century


Your camera is alot smarter than the "M" Zealots would have you believe

  
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RDKirk
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Jan 06, 2012 08:52 as a reply to  @ Bosscat's post |  #21

I wish there was a faster or automated way to copyright images, its just impossible to do paperwork and pay $35 fee everytime I shoot. I usually produce 100-150 images per event and by the time they registered (which will probably take 3-4 days at least) images would be worthless.

As a matter of business, in the US you take advantage of the 3-month "after infringement" grace period by entering a mass registration online every three months. You can register literally thousands of images online under one registration form.

Once each three months, just collect all your images for those months (set up a process like a Photoshop drop or a batch file to make it simple) and register them at once. If you're really, really prolific, you can break the upload into as many increments as necessary to beat the online time-out.

You just make it a quarterly routine practice, just like handling your business taxes.




  
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aliengin
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Jan 06, 2012 11:37 |  #22

RDKirk wrote in post #13656607 (external link)
As a matter of business, in the US you take advantage of the 3-month "after infringement" grace period by entering a mass registration online every three months. You can register literally thousands of images online under one registration form.

Once each three months, just collect all your images for those months (set up a process like a Photoshop drop or a batch file to make it simple) and register them at once. If you're really, really prolific, you can break the upload into as many increments as necessary to beat the online time-out.

You just make it a quarterly routine practice, just like handling your business taxes.

Thank you! I didn't know that. I thought you still need to do it ojne by one! THAT will sort the things.


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aliengin
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Jan 06, 2012 11:38 |  #23

golfecho wrote in post #13653455 (external link)
In case anyone hasn't said so . . . awesome pictures!

Thanks.


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saturnin
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Jan 06, 2012 11:56 |  #24
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you guys should be happy that your photos are used somewhere else, heheh.

if someone stole my image to be used for some lame website, i'd of course get them to take it down. No way would i do any legal action - waste of time. If it was a big national magazine or on a bilboard - that wouldnt happen because they check everything 99% of the time, so thats that.


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aliengin
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Jan 06, 2012 13:41 |  #25

saturnin wrote in post #13657595 (external link)
you guys should be happy that your photos are used somewhere else, heheh.

if someone stole my image to be used for some lame website, i'd of course get them to take it down. No way would i do any legal action - waste of time. If it was a big national magazine or on a bilboard - that wouldnt happen because they check everything 99% of the time, so thats that.

Oh thats where you are mistaken! In two instances, I don't want to name companies but images appeared in really wellknown brand's ads in the industry. They blamed (and I truely believe this) the design companies they hired.
A big company hires a PR firm or ad agency then they go get graphic designers. In this process everybody tries to get the most out of the budget.
In the last incident they blamed agency and apologised. Its OK but if a multi million dolar company steals my $300 image to save money I am not going after "graphic designer Joe" I am going after them. its their name on the ad.


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RDKirk
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Jan 06, 2012 14:06 as a reply to  @ aliengin's post |  #26

If it was a big national magazine or on a bilboard - that wouldnt happen because they check everything 99% of the time, so thats that.

Toyota twice used images stolen from flickr. They passed the blame, but still did it the second time after being sued the first time.




  
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RDKirk
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Jan 06, 2012 14:12 |  #27

aliengin wrote in post #13657478 (external link)
Thank you! I didn't know that. I thought you still need to do it ojne by one! THAT will sort the things.

A couple of caveats: The images attached to one registration must be identified as a "collection." "My images of Qtr4-2012" would be sufficient.

If any of the images are already published they must be registered separately from unpublished images, although you can register all the images from the session as "published" if any of the images have been published...so you don't have to split up sessions.

Although it has not been proven in court to my knowledge, a number of experienced IP lawyers advise treating all images that have been delivered to clients or shown on the Web as "published."




  
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Langrad
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Jan 06, 2012 14:26 |  #28

I do alot of work with my church and was pretty surprised to see the SWTX conference youth page had put some of my pictures on a flier and their website luckily im involved enough to know the guy who runs stuff so sent him an e-mail asking for credit.




  
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JacobPhoto
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Jan 06, 2012 14:42 |  #29

anyone who thinks 'photo credit' is worthy compensation for blatant copyright violation will never be successful as a photographer, and will likely cause direct revenue loss for other photographers.

If a company uses your photo, you should be compensated, especially if they didn't have previous permission.

If I find a copyright violation, I often send an email along the lines of this:
"Thank you for using my photo. Although we haven't previously discussed rates for this usage, attached you will find an invoice for the fair-market rate of this usage. You will also find a screenshot / scan of the usage. Remember, more advantageous pricing can be worked out in advance for any usage. Payment is considered to be due net-30 from receipt of this invoice."

Since you then have an invoice and date of communication with the company, you can then pursue them with payment via legal means if needed.


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saturnin
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Jan 06, 2012 14:44 |  #30
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^ good call


http://www.saturninflo​yd.tumblr.com (external link) samples
http://www.asphaltjunk​iez.com (external link) - award winning filmmaker - 3 documentaries done, more to go. I'm not wasting this 1 life.
Gear is gear, gotta do wif what you got! This forum makes me bite my tongue like no other forum i've ever been on :)

  
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