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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 14 Oct 2010 (Thursday) 12:00
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Copyright Watermark - Why the Year?

 
Big ­ Bull
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130 posts
Joined Jan 2010
Location: Jasper - Canadian Rockies
     
Oct 14, 2010 12:00 |  #1

I'm in the process of making a watermark to add to photos that I post online, but was wondering if there is any advantage/disadvantage to adding the year into the watermark?
Searched the forum but didn't come up with anything.




  
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DC ­ Fan
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Oct 14, 2010 13:48 |  #2

Big Bull wrote in post #11096199 (external link)
I'm in the process of making a watermark to add to photos that I post online, but was wondering if there is any advantage/disadvantage to adding the year into the watermark?

A copyright date (external link) is among the most important factors in determining ownership and protection of a copyrighted work. If you don't establish that date, you're in trouble from the beginning.




  
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RDKirk
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Oct 14, 2010 15:42 |  #3

Big Bull wrote in post #11096199 (external link)
I'm in the process of making a watermark to add to photos that I post online, but was wondering if there is any advantage/disadvantage to adding the year into the watermark?
Searched the forum but didn't come up with anything.

Check the Canadian laws.

In the US, it's not actually necessary to have a copyright notice at all, and although a particular copyright notice format is suggested, there is no element of it that makes any legal difference because it's not required at all. The important factor is to have the copyright registered.

What makes the notice a good idea in the US is that it puts an infringement directly into the category of "willful" infringement (although technically if they didn't get permission, it's still willful). But again, no particular element or format of copyright notice is legally required for this. This is important to know for digital images, because it guarantees that even if the notice is only in the EXIF (not visible on the image itself), the copyright is still fully valid.

Notice was required under the 1976 Copyright Act. This
requirement was eliminated when the United States adhered
to the Berne Convention, effective March 1, 1989.

Use of the notice may be important because it informs
the public that the work is protected by copyright, identifies
the copyright owner, and shows the year of first publication.
Furthermore, in the event that a work is infringed, if a proper
notice of copyright appears on the published copy or copies to
which a defendant in a copyright infringement suit had access,
then no weight shall be given to such a defendant’s interposition
of a defense based on innocent infringement in mitigation
of actual or statutory damages, except as provided in section
504(c)(2) of the copyright law. Innocent infringement occurs
when the infringer did not realize that the work was protected.

The notice for visually perceptible copies should contain all
the following three elements:
1 The symbol © (the letter C in a circle), or the word
“Copyright,” or the abbreviation “Copr.”; and
2 The year of first publication of the work. In the case of
compilations or derivative works incorporating previously
published material, the year date of first publication of
the compilation or derivative work is sufficient. The year
date may be omitted where a pictorial, graphic, or sculptural
work, with accompanying textual matter, if any, is
reproduced in or on greeting cards, postcards, stationery,
jewelry, dolls, toys, or any useful article; and
3 The name of the owner of copyright in the work, or an
abbreviation by which the name can be recognized, or a
generally known alternative designation of the owner.
Example: © 2008 John Doe
The “C in a circle” notice is used only on “visually perceptible
copies.”

http://www.copyright.g​ov/circs/circ1.pdf (external link)


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Copyright Watermark - Why the Year?
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