Copyrights- interesting stuff

[cutekawaii]

There have been numerous threads before about photo use and copyright issues, and I've read and even added on to a few; but I just read a copyright section in my Legal Studies book, and found some interesting information I didn't know before.

Firstly, property in the legal sense is the legal right to exlude others from what is proper to you; it is not an object.

Copyright gives a property a certain creative work that keeps others from reproducing it without the owner's permission. The work must:

-Be original (created, not copied)
-Be fixed in a tangible medium (book, canvas, CD, tape, etc)
-Show creativity

Creative works receive automatic federal protection under the Copyright Act of 1976 from the moment the author creates them. A copyright allows the owner to control the reproduction, display, distribution, and performance of the work for the author's lifetime + 70 years.

Although protection is automatic, an action for copyright infringement cannot be begun unless the author has properly filed copies of the protected work with the copyright office. A copyright symbol must accompany the work for the infringer to be laible for actual or statutory damages.

"Fair use" of a work is not an infringement of the owner's property. Consideration by the court of fair use includes:

-The purpose and character of the use, including commercial and nonprofit educational purposes
-The nature of the work
-The amount and substantiability of the portion used in relation to the copyrighted work as a whole
-The effect of the use of the work

Determination of fair use is made on a case-by-case basis.

Hope this helps with any picture use issues.

-Nikki

[Unknowbie]

I have to do some work on copyright as well, what resources did you use to get this information?

[Eriol]

Creative works receive automatic federal protection under the Copyright Act of 1976 from the moment the author creates them. A copyright allows the owner to control the reproduction, display, distribution, and performance of the work for the author's lifetime + 70 years.

Although protection is automatic, an action for copyright infringement cannot be begun unless the author has properly filed copies of the protected work with the copyright office. A copyright symbol must accompany the work for the infringer to be laible for actual or statutory damages.

This practically means that you need to file for a copyright, since automatic protection is harder to enforce in court than a properly registered copyright.

If the work is important enough to you, file the appropriate papers and pay the registration fee.

[cutekawaii]

Unknowbie - It all came from my Law textbook, The Legal and Regulatory Environment of Business

Eriol - It specifically means you have to file the work. Your rights are not self-enforcing.

-Nikki

[JadeCat]

As a photographer in the US, you can submit ALL of your works for the year in one fell swoop and pay one registration fee.

There's a specific form for photographers in the US Copyright Office website

[TomodachiFriend]

I'm only watermarking my pictures with my e-mail address or name right now. Although I don't really care for now, when I'll really want to protect my rights, it means I need to add "Copyright" and my real name?

[Drngd Kreationz]

you don't Necessarily need to use your "real name" but if you want to use a pen name, it's best to have it registered as using your pen name as an alias. strangely enough I was reading about this yesterday and got alot of infor right from the horses mouth at http://copyright.gov/

[Efecss]

Always good to know your rights no matter what.

Ofcourse, there is another thing for Trademarking. And that takes a lot of cash to pull off.

[Cynthia]

I know that if someone is using your pictures w/o your permission on LJ that you can get them removed provided that you're the copyright owner (or can speak for them) even if everything isn't registered. (Mainly because LJ doesn't want to be part of a lawsuit--can't blame them.)

[Cesario]

Many Photo Studios also refuse to reprint pictures from other Photo Studios due to such copyrights. Even getting them reprinted by Commercial Photolabs is a pain, as many refuse to do it.

[Kyuriko]

Most websites where you can post creative materials have the ability to report those who use your works without permission, although I do agree that automatic copyright is not as strong as government protected copyrights. You should indeed know your rights. Unfortunately, there's lots of people who don't know about the whole "copyright" issue, and that's why people come over to Cosplay.com and steal the pictures.

http://www.whatiscopyright.org is also a wonderful resource site to inform the uninformed.