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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 18 Jan 2008 (Friday) 15:26
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Selling Painted Photos and US Copyright Issues

 
BillsBayou
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Jan 18, 2008 15:26 |  #1

My father is an artist who wishes to sell photographs which he has touched up by painting on them. I want to give him the correct advice on registering and retaining his copyrights.

Suppose he takes a photo of a local building (from public land). He then prints the photo and does his painting on the print. Now the owner of the building sees the print and she happily buys the photo. Two months later the painted photo is featured in their ad in the local magazines and is on their brochures.

How does he sell the painted photo so that they cannot legally do this without his permission?

I've advised him to register all of his photographs with the US Copyright office. While the photograph has a "registered" copyright, would a derivative work of that photo also be registered? I'm assuming not.

Do photographs get filed separately from works of art (painted photographs, paintings, statues...) when registering the copyright?

How long does the registration last? I've heard it must be done each year to maintain that "registered" status.

If he prepares several pieces for sale and sends off the registration, how long until it's official? Or is it assumed it's official the instant he purchases the Certified Mail option for his registration packet and drops it in the slot?


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jesselee
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Jan 20, 2008 23:57 |  #2

i dont have any advice, but can i see his works? this sound really interesting


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mellowd
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Jan 21, 2008 00:01 as a reply to  @ jesselee's post |  #3

As far as I know he shouldn't have to go through all that bother. When the image is sold to the building owner they would need to sign a contract stating they will not republish it in anyway, or use it for other commercial reasons. This would allow him to sell a print of the image, but not the rights to the image


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rcg
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Jan 21, 2008 23:30 |  #4

Standard copyrights apply. He can register the painting separately. Also he has the copyrights on the original photo - any derivatives should fall under that . It's his artistry regardless of medium. Unless the building is trademarked (transamericia building in SF comes to mind) or there are trademarks depicted then he is fine.

If the the business uses the image he created without permission then they are asking to be invoiced - a lot. Or he could litigate for copyright infringement.


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Selling Painted Photos and US Copyright Issues
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
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