I wondered what my rights were in that case, as the Internet muddles things a bit. Glad you shed some light on this confusing issue. Great interview. Congratulations and thanks to you and Carolyn for opening our eyes as to what photographers are faced with. So she said in the interview that someone hired by another photographer for an event still owns the copyright? So how does that work if I need a second shooter for a wedding under my brand?
I need to get them to sign something that passes me the rights? So glad that Carolyn was able to help out so many people with this in depth look at Photography, Copyright, and the Law. It seems like a lot of people are learning a lot, I know I did! In order to get the proper wording, you might want to talk with Carolyn. Hope that helps. This is very interesting interview, Thanks for posting such useful information and providing us knowledge about what rights does visitors and website owners have and how essential is the proper utilization of it.
Thanks once again. Thanks folks, the big credit here goes to Carolyn! Stay tuned! This is a great reminder of intellectual property law. The things we create with our eyes and minds are valuable. Of course they have been made valuable by years of study and experience, but that is all I have. When someone purchases a print from Ken, they are not purchasing the canvas, rather the combination of his skills as reflected in his art displayed on canvas or some other medium.
When a person uses an image without permission, they have stolen that intellectual property. In New Zealand we do not have to register copyright, its automatic by law. We would not be having this talk if more photographers had voiced and understood the changes to copyright law and Creative Commons license was past by govt. In some way I feel we as photographers are to blame for not standing up to the Govt and now have to defend our work. Great information on photo,copyrights and the law.
I look forward to the rest of this series. Thanks for publishing it, Ken. Your website was tweeted by a friend last night. Best decision ever. Just wanted to say I love reading your blog and look forward to all your posts! Keep up the superb work!
Very good very impressive performance. Many prople are paying attension to your article, I am just the one. I will recommend it to anyone.
It is free to download and there are no warnings about using it, nor do I have to pay for the download of the photo. If the photographer has given permission to the company that published it for their app, no title or author, does that mean that a photographer could try to sue me anyway?
Hilary, I would not use it and take a chance. You could get sued since you do not have permission. I have a few questions regarding the legalities of interviewing a photographer.
Thanks : Martin. Being that this is her first year in Chicago she wanted to capture as much work as possible. So, issue at hand is this… She as the Artist of the event has asked for pictures from the Photographer and video if possible from the Videographer. My wife is hesitant to post it in her website fearing that she may get sued, even though she is willing to give credit to the person that videotaped it.
Can she or will she get sued? I cannot answer any legal questions since I am not qualified. Please consult a copyright attorney in your area if you need advice. If a photographer were to take a picture of a person in a public place, and that person knew that a picture was being taken of them. Could the photographer sell the picture to the public without consent of the person in the photo? I have a quick question. I work in the Equine Industry and they have photographers, professional and rookies alike, taking pictures liberally for magazines, publications, and personal use.
They post some of these pictures on facebook with their copyright logo and name on the pictures to protect their work. They never get permission from the owners to take pictures so how are they getting away with protecting pictures of other peoples property? Thank you. Thank you for all the information that you have here on your site.
It answered most of the questions I had. There is one other I am not sure about though. Since my son had partial custody of my granddaughter at the time the photos were taken. She was the custodial parent at the time. We were out on his weekend when I took the pictures. I am a Professional Photographer just starting a business.
I have three photos of my granddaughter on my website to show what I can do. I got a Cease and Desist from her attorney to take down the photos now. Since my son gave up all rights last month. Do I have to do this since the photos were taken in March and around October ? Do I still have the rights to the photos? Anything would help at this time.
I took a picture of a woman on the street in Paris that just looked so portrayed the European way of dressing and beauty. What can we do about websites like Foter. I allowed WBUR in Boston to use our historic Johnny Cash concert photos on a one time basis for their website, after they did an interview with me about going to Folsom with John and June. This is a very threatening development I see for professional photographers in the World Wide Web age. Big Dilemna! I really appreciate you both taking the time to help everyone out with explaining these issues.
Thank you, John, for your prompt action! I took a nice picture of a friend, and he is now using that shot for his business cards and on his website he is a photographer. I was never so much as asked if he could use this photo, and feel that I am entitled to at least be credited and probably some sort of compensation for this.
I would really like to try to resolve this amacably. What should I do? Diplomacy first, then decide if you bring out the big stick. Chances are you value your friendship more than using a big stick to correct the problem. Thanks so much for the great information! I have had the same image I created show up in several places over the last few years. I have now decided to register it. I have had several architectural photos published online recently, where the website had permission to use the photos.
However, in two instances, the website definitely edited my photos without asking permission, and then put my name next to them which is embarrassing, given the horrible editing. In one case, they used some high-contrast filter to make my photos look like their Instagram-y site, in another, they photoshopped out people poorly , then drastically altered the levels?
Is this legal? Should I respond and let them know I am not pleased, or let it go? Anyone else deal with this??? I found this article incredibly interesting and enlightening and I wish to thank you for posting this. Educational purposes is a subjective thing. I found your condescending attitude towards blogs using our photos as elitist and extremely out of touch with reality. Q: Do I have the right to use the image that I took of a firetruck or police car without people for commercial use e.
Thanks Ken, just starting to go public with my work after 20 yrs. I am thankful for people like you that share great info. I will be a loyal follower. Thank you for sharing all that great information with us about copyright law. Met with the photographer to pick out our 15 pictures for our package and the cost of the package.
Was supposed to meet photographer to pick up package over 3 weeks ago. Not answering text messages or phone calls. She is a great photographer, the pictures are beautiful. What can I do legally to push her to deliver on our transaction? I am paying her when I receive the photos, so the only money I am currently out is the sitting fee and the cost to have my daughter prepared for the photos.
The issue is my daughter is getting very upset. Is there anything that I can do? This is so unprofessional. Did you have a written agreement for the job that might have stated when the photos would be delivered? If not, you are just as much to blame as the photographer. Then you must follow up this threat and DO IT. I owned a newspaper in Morgan Hill, CA for 16 years and used the Small Claims Court repeatedly and never lost a case because I had a short, simple contract that people signed before we went to work on the advertisement.
No bride should have to endure that kind of pain to get photos of her special day! In contrast to the rest of the Justice System, which is just as much justice as you can afford, the Small Claims Court is the last bastion of fair American justice. I am a photographer. I do not have an idoor studio…all my shoots take place in public venues. I read somewhere once where i did not need permission because i am the sole owner of all images. I do my photography out of my home and do not have a Tax ID.
How exactly can it work BOTH ways? Most of what my googling has turned up has to do with fans using photos that OTHER PEOPLE had taken of celebrities, which seems like it would fall under the same copyright issues as using a photo someone else had taken of anyone or anything else, with the added issue of it being a photo of a person instead of a, say, landscape.
But a photo of him in blue jeans in a t-shirt at a local Comic Con? Or as a fan taking that photo for myself…. I travel to many countries and photograph people and places. I usually ask for permission to photograph a person. I have published books using these photographs. Is this a violation of law in any way. So useful for me. Thanks for publishing. Cosmetic dentistry manhattan. If a book is no longer being printed just a few copies floating around from the s — can I share the photos inside the book with friends on my facebook wall?
My wall is not public only those who I want to see it, can see it. It was used to illustrate an article that has nothing to do with me, my work, my publications on anything related to collage in general, but something about couple psychology. Fact is that they never contacted me for my authorisation or anything. Im matthieu, i live in Berlin, Germany Any informations are welcome Thank you! A lot of photographs have names or titles. I have an image that I took in In I took that image and did an edit on it.
Later on I started a contract with a vender who wanted to make shirts with it. Just curious if the Title or name of an image holds anything as far as the copyright goes.
Regards, Dustin Maier. This was extremely helpful. Thank you for clearing that up for me! Planning on republishing a paragraph from your post on copyright law in a blog post. My son was photographed several months ago. Any advice? Is it only when a flat image of a flag is use that it is not protected?
Do the various shapes that a flag can make in the wind make the image diverse enough to claim copyright? This information is so hard to find online and it seems some sites are contradictory. I have a photographer who has been on several movie shoots and signed a releases that the photos are the property of my movie now he will not give them to me…Help.
Thanks for a great post Ken, while one can use any picture or any piece of art available if it is not copyrighted. But if you want to use such a picture then you must have the privilege for doing so. And one must seek help from a lawyer in such cases.
When he realized that his pictures were getting stolen and tried his hand at getting back the damages on his own, he soon realized how much of a challenge can this became. Over a couple of years, a strong community of photographers who used to have their photos stolen was created. Now they do not need to worry about the protection of their images anymore, we do it for them. Would you like to join the community of happy photographers? All you have to is fill this short form.
Want more info about how we work: you will find it here. In case you still have some questions, feel free to send us an email at service photoclaim. We look forward to welcoming you in our community! Is your photography a work protected by copyright? And if yes, what about photographer copyright? Whether and how to protect photos?
Photography copyright law varies between national jurisdictions The idea of copyright law is to balance between the rights of creators and the rights of the public — the former to have control over their artistic work and reap the fruits of their own efforts and creativity, and the latter to use and enjoy this work.
Some questions to ask Now you might be wondering how to interpret photo copyright law nowadays. But can a monkey also enjoy photography copyright protection?
The photo is original to be protected by photographer copyright law What is the attribute of originality required by copyright photography law? What about creativity? When do we talk about stolen photos? Have some evidence to better protect your photos If you ever note down the ideas for the images you want to shoot, create a mood board or anything that shows how you came up with the idea for the picture or the progression of your work it is good to have it saved to protect your photos.
A tangible medium is needed The creative work starts to be protected in the moment of its externalization. Register your pictures in the copyright office You may wonder if registering your images in the copyright office bring you any benefits or will you just spent time on doing something that will not pay off? Watermark seems outdated What about the watermark? Author: Kinga Kijak-Markiewicz. Stop Image Theft - Get Paid. About the Author: Kinga Kijak-Markiewicz. Related Posts. October 21st, 0 Comments.
Reinsdorf v Skechers and the tale of contractual provisions. September 9th, 0 Comments. Famous Court Cases in history of Photography — copyright infringement or fair use? August 19th, 0 Comments. How to Process Findings in the App. March 30th, 0 Comments. March 25th, 0 Comments. This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Accept Read More. Close Privacy Overview This website uses cookies to improve your experience while you navigate through the website.
Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We do recommended that you mark your work with a copyright notice, as this makes it clear that copyright exists, and helps to deter infringement.
Please see our fact sheet P Using copyright notices for information on wording you notices. For traditional prints, it is customary to use a stamp to mark the copyright notice and the copyright owners contact details on the back of the print.
If you display your photos online, you may choose to use photo editing software to place a simple copyright notice across the image, this is discussed in detail on our page ' How to add a visible watermark to images '. Under Windows for example, right clicking on a image will allow you to bring up the properties dialogue where you may enter details about the file, though this will only work with certain file types.
More typically, your image software will provide a way to insert comments into the file; this is preferred as these are harder to remove.
Commercially available invisible watermarking techniques may be worth considering if you have a lot of valuable images on your site. Invisible watermarks are algorithms embedded inside a file which can be read by special readers and many software image packages such as Adobe Photoshop provide facilities to include watermark information.
An individual has certain rights to control the use of their image. The specific details will vary from one country to another depending on national legislation, although the general rule seems to be to protect a person against defamatory or offensive use of their image.
If you intend to sell or distribute images that include people, then it is worth getting your subjects to sign a model release form as this will protect you against any comeback. This fact sheet is intended only as an introduction to ideas and concepts only. It should not be treated as a definitive guide, nor should it be considered to cover every area of concern, or be regarded as legal advice.
If you find the information on this page useful, please feel free to link to this page.
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