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#1
July 13th 04, 11:15 PM
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copyright info
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#2
July 13th 04, 11:28 PM
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copyright info
Your pictures are copyrighted the second you hit the shutter. People will
steal them anyway. The 'protection' I use is simply to never post anything large enough to print. It still means determined aholes can steal them for the web but at least they can't sell prints of My work. -- http://www.chapelhillnoir.com home of The Camera-ist's Manifesto The Improved Links Pages are at http://www.chapelhillnoir.com/links/mlinks00.html A sample chapter from my novel "Haight-Ashbury" is at http://www.chapelhillnoir.com/writ/hait/hatitl.html "Christina" wrote in message om... What's the very best way to go about copyrighting your photos? My understanding thus far is that if I place a "c in a circle" along with a date and my name on my image, it is protected. Ofcourse, someone can crop that out and use it, so I suppose that digimarking my image will track where it goes and that way I can too. This way I've stated that it's mine (with the "c in a circle") and I can track where it goes. Is this the best way OR what do you do? I want to create a web portfolio of my images. Thank you! Christina
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#3
July 13th 04, 11:59 PM
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copyright info
"Christina" wrote in message om... What's the very best way to go about copyrighting your photos? My understanding thus far is that if I place a "c in a circle" along with a date and my name on my image, it is protected. Ofcourse, someone can crop that out and use it, so I suppose that digimarking my image will track where it goes and that way I can too. This way I've stated that it's mine (with the "c in a circle") and I can track where it goes. Is this the best way OR what do you do? I want to create a web portfolio of my images. Thank you! Christina ---------------- I just today posted this to uk.rec.photo.misc on account of a nearly identical question posted there by another person. You may find it of interest. Read it all but pay special attention to the part near the end: WEB BASED INFRINGEMENT. An area I comment on frequently and have written about: COPYRIGHT IN THE UK AND REPUBLIC OF IRELAND: UK- Copyright exists from the instant that a work is fixed (on undeveloped film or in digital form); there are NO formal UK registration requirements; as a back-up you may download to a disk, put that in a sealed packet and mail it to yourself leaving the envelope unopened (when received back with the postmark affixed) (in the UK use "Certified Mail") unless needed for proof. STILL - you should not open the envelope unless in front of a judge or at a time instructed by your solicitor in a copyright action. Copyright does NOT have to be specifically marked on the copyrighted work but can be optionally affixed. (see "depository services" below) IRELAND (Republic): Same as UK ------------- COMMERCIAL DEPOSITORY SERVICES: UK- Commercial depository services are available for copyright works which will date stamp submissions and hold them for a fee and for a specified time (5 or optionally, for an additional fee, 10 years). These are NOT part of the UK's official system and are commercial enterprises for which you pay them their fee. The UK Designs, Patents and Copyright Office (the official agency of the UK government) does not encourage their use. They may offer no additional value to a copyright claim in the UK over merely mailing yourself a copy of the work. The commercial services can not handle certain computer file types but will verify deposit date and time stamp for use as evidence for those that they do handle and supply that, for an additional fee, as a certified true copy of the original on a CD. ----------- FREE DEPOSITORY SERVICES: AVAILABLE FOR UK; US; and Ireland(Republic) - FREE time stamp service is available from US based http://www.mediaregister.com This works the same as the commercial services but doesn't cost anything. File retention is 10 years. The original file should be uploaded from the portable media that you will mail to yourself or set aside for safe keeping. Partially completed works may also be deposited (such as individual chapters from a novel; or working versions of an unfinished movie script). Files may be encrypted (or not - your choice) and sent in ANY format that can be transmitted by a computer (image file types; Zip; RAR; PDF; ect, ect). The ORIGINAL file can be compared and verified electronically, on demand, to the file in MediaRegister databanks in NEAR REAL TIME. A registered file can be verified from any computer connected to the Internet simply by resending the original file again to the verification page of that website. You could even do this in a courtroom, unlike working with the commercial services. In a copyright action MediaRegister can also supply third party verified and date/time stamped copies and a full explanation of their security and validation procedures for use as evidence. They will also send you an e-mail (if you tic the box requesting it) with the registration number, date and time details when you electronically deposit a copy of a file into their database. A Media Register e-mail certificate looks like this (genuine) one: MEDIA REGISTER REGISTRATION CERTIFICATE Registration Number: 1001201 Title: NS001_2 Submission Type: Scanned Image Gen (none) Effective Timestamp: 13-JUL-2004 - 13:50:40 MIT: 13-JUL-2004 - 13:50:40 Columbia University: 13-JUL-2004 - 13:50:40 Univ. of Missouri: 13-JUL-2004 - 13:50:40 Penn State Univ.: 13-JUL-2004 - 13:50:40 File Checksum: 2591126218 File Information: G:\NIKKI\NS001_2.jpg - 385164 bytes File URL: [none] Registered By: [name removed for security reasons] ----------- COPYRIGHT IN THE US: US- Copyright exists from the instant that a work is fixed (on undeveloped film or in digital form); there are two routes to registration and that relate to potential damages infringement actions: 1) there is no absolute requirement that a formal registration be made in the US but in an infringement you will have limited rights to recover damages - you may only be able to claim "actual" damages for an infringement of an unregistered work - or - an amount that a court deems sufficient; 2) if formally registered with the US Patent and Copyright Office, on payment of a fee and deposit of a copy of the work, you may, in an infringement case, ask for, in addition to actual damages, punitive (statutory) damages... the monetary difference between the two types of damages - actual and punitive - can be substantial. US- MORE- For an unregistered work you MAY send a copy to yourself by mail (in the US use "Registered Mail") but though that MAY be considered by a court as proof that a work existed at a particular time it is NOT the same as formal registration and does NOT necessarily establish copyright ownership. Registration with a depository service such as MediaRegister may in fact be the better option as there is less chance of challenge when the date/time verification is by an independent third party even though it does not substantially help with the actual copyright ownership question. ------------ WHERE DOES COPYRIGHT LIVE?: If you are a UK citizen and create a work inside or outside the UK that copyright is considered to be UK. The same for citizens of the US and Ireland respectively. Enforcement in the US if the infringement is there but copyright is non-US - Because of the formal deposit and registration requirements for US works there are particular reasons to register US made works; HOWEVER, a work with copyright subsisting in the UK or the Republic of Ireland can be enforced in the US without formal US registration to the same extent that it can be enforced in the UK or the Republic of Ireland neither of which make any formal registration system available domestically. This is based on provisions of the International Convention on Copyrights (the Berne Convention) and other international agreements and treaties. ----------- COPYRIGHT MARKING: If you choose to mark the work there are three forms of internationally recognised mark - all three are treated equally - other notations or forms of notation may NOT necessarily be recognised in some countries. It should be noted that the mark "(" bracket "C" and close bracket ")" - in this form (C) may NOT be recognised as adequate in some countries. The three variations of recognised mark a 1) The fully written word "Copyright" the year made and the name of the maker 2) The abbreviation "Copr" the year made and the name of the maker 3) The copyright symbol "©" ["c" in a circle] the year and the name of the maker. The symbol is usually available in the common MSWindows fonts by typing [hold down the key] Alt and type on the numerical keypad 0169. It is also available on a Mac but as I don't have a Mac I can't point to the exact keystrokes to create it. ---------- WEB BASED INFRINGEMENT Notes: Most infringements, though not all, will be noticed by copyright owners as having their works appear without permission on someone else's website. Unless the work has particular money value the cost of going to law is simply not worth it. Here is a self help suggestion. UK: For infringing works hosted in the UK. ISP's in the UK all have an almost uniform term of service that prohibits the posting or distribution of infringing works. Based on previous court decisions in British courts, once notified by a copyright owner that they are hosting an infringing copy, should they fail to remove it, they can themselves become liable for the infringement. Attack the infringers where they live (on the Internet) by sending formal notice to the ISP if it is a British based service. The infringer will loose the use of the work (what you really, really want in the first place) and may loose his whole account and website. UK ISP's will act swiftly when notified. I know I've done it. US: For infringing works hosted in the US. There, in addition to, and maybe in spite of, the ISP's terms of service, the US based ISPs are specifically exempt from liability for hosting infringing works. There is a procedure where-by you can notify them of an infringing work and they will remove it. The infringer can challenge that and have it reinstated - however - in order to do that the infringer must also furnish sufficient information so as to allow him/her/them to be identified whereupon you can pursue them by other means. Details of the procedure can be found by searching the terms "DMCA" or "Digital Millennium Copyright Act" in any search engine. --------- Hope this explains a lot about the practical subject for those that are interested. Journalist
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#4
July 13th 04, 11:59 PM
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copyright info
"Christina" wrote in message om... What's the very best way to go about copyrighting your photos? My understanding thus far is that if I place a "c in a circle" along with a date and my name on my image, it is protected. Ofcourse, someone can crop that out and use it, so I suppose that digimarking my image will track where it goes and that way I can too. This way I've stated that it's mine (with the "c in a circle") and I can track where it goes. Is this the best way OR what do you do? I want to create a web portfolio of my images. Thank you! Christina ---------------- I just today posted this to uk.rec.photo.misc on account of a nearly identical question posted there by another person. You may find it of interest. Read it all but pay special attention to the part near the end: WEB BASED INFRINGEMENT. An area I comment on frequently and have written about: COPYRIGHT IN THE UK AND REPUBLIC OF IRELAND: UK- Copyright exists from the instant that a work is fixed (on undeveloped film or in digital form); there are NO formal UK registration requirements; as a back-up you may download to a disk, put that in a sealed packet and mail it to yourself leaving the envelope unopened (when received back with the postmark affixed) (in the UK use "Certified Mail") unless needed for proof. STILL - you should not open the envelope unless in front of a judge or at a time instructed by your solicitor in a copyright action. Copyright does NOT have to be specifically marked on the copyrighted work but can be optionally affixed. (see "depository services" below) IRELAND (Republic): Same as UK ------------- COMMERCIAL DEPOSITORY SERVICES: UK- Commercial depository services are available for copyright works which will date stamp submissions and hold them for a fee and for a specified time (5 or optionally, for an additional fee, 10 years). These are NOT part of the UK's official system and are commercial enterprises for which you pay them their fee. The UK Designs, Patents and Copyright Office (the official agency of the UK government) does not encourage their use. They may offer no additional value to a copyright claim in the UK over merely mailing yourself a copy of the work. The commercial services can not handle certain computer file types but will verify deposit date and time stamp for use as evidence for those that they do handle and supply that, for an additional fee, as a certified true copy of the original on a CD. ----------- FREE DEPOSITORY SERVICES: AVAILABLE FOR UK; US; and Ireland(Republic) - FREE time stamp service is available from US based http://www.mediaregister.com This works the same as the commercial services but doesn't cost anything. File retention is 10 years. The original file should be uploaded from the portable media that you will mail to yourself or set aside for safe keeping. Partially completed works may also be deposited (such as individual chapters from a novel; or working versions of an unfinished movie script). Files may be encrypted (or not - your choice) and sent in ANY format that can be transmitted by a computer (image file types; Zip; RAR; PDF; ect, ect). The ORIGINAL file can be compared and verified electronically, on demand, to the file in MediaRegister databanks in NEAR REAL TIME. A registered file can be verified from any computer connected to the Internet simply by resending the original file again to the verification page of that website. You could even do this in a courtroom, unlike working with the commercial services. In a copyright action MediaRegister can also supply third party verified and date/time stamped copies and a full explanation of their security and validation procedures for use as evidence. They will also send you an e-mail (if you tic the box requesting it) with the registration number, date and time details when you electronically deposit a copy of a file into their database. A Media Register e-mail certificate looks like this (genuine) one: MEDIA REGISTER REGISTRATION CERTIFICATE Registration Number: 1001201 Title: NS001_2 Submission Type: Scanned Image Gen (none) Effective Timestamp: 13-JUL-2004 - 13:50:40 MIT: 13-JUL-2004 - 13:50:40 Columbia University: 13-JUL-2004 - 13:50:40 Univ. of Missouri: 13-JUL-2004 - 13:50:40 Penn State Univ.: 13-JUL-2004 - 13:50:40 File Checksum: 2591126218 File Information: G:\NIKKI\NS001_2.jpg - 385164 bytes File URL: [none] Registered By: [name removed for security reasons] ----------- COPYRIGHT IN THE US: US- Copyright exists from the instant that a work is fixed (on undeveloped film or in digital form); there are two routes to registration and that relate to potential damages infringement actions: 1) there is no absolute requirement that a formal registration be made in the US but in an infringement you will have limited rights to recover damages - you may only be able to claim "actual" damages for an infringement of an unregistered work - or - an amount that a court deems sufficient; 2) if formally registered with the US Patent and Copyright Office, on payment of a fee and deposit of a copy of the work, you may, in an infringement case, ask for, in addition to actual damages, punitive (statutory) damages... the monetary difference between the two types of damages - actual and punitive - can be substantial. US- MORE- For an unregistered work you MAY send a copy to yourself by mail (in the US use "Registered Mail") but though that MAY be considered by a court as proof that a work existed at a particular time it is NOT the same as formal registration and does NOT necessarily establish copyright ownership. Registration with a depository service such as MediaRegister may in fact be the better option as there is less chance of challenge when the date/time verification is by an independent third party even though it does not substantially help with the actual copyright ownership question. ------------ WHERE DOES COPYRIGHT LIVE?: If you are a UK citizen and create a work inside or outside the UK that copyright is considered to be UK. The same for citizens of the US and Ireland respectively. Enforcement in the US if the infringement is there but copyright is non-US - Because of the formal deposit and registration requirements for US works there are particular reasons to register US made works; HOWEVER, a work with copyright subsisting in the UK or the Republic of Ireland can be enforced in the US without formal US registration to the same extent that it can be enforced in the UK or the Republic of Ireland neither of which make any formal registration system available domestically. This is based on provisions of the International Convention on Copyrights (the Berne Convention) and other international agreements and treaties. ----------- COPYRIGHT MARKING: If you choose to mark the work there are three forms of internationally recognised mark - all three are treated equally - other notations or forms of notation may NOT necessarily be recognised in some countries. It should be noted that the mark "(" bracket "C" and close bracket ")" - in this form (C) may NOT be recognised as adequate in some countries. The three variations of recognised mark a 1) The fully written word "Copyright" the year made and the name of the maker 2) The abbreviation "Copr" the year made and the name of the maker 3) The copyright symbol "©" ["c" in a circle] the year and the name of the maker. The symbol is usually available in the common MSWindows fonts by typing [hold down the key] Alt and type on the numerical keypad 0169. It is also available on a Mac but as I don't have a Mac I can't point to the exact keystrokes to create it. ---------- WEB BASED INFRINGEMENT Notes: Most infringements, though not all, will be noticed by copyright owners as having their works appear without permission on someone else's website. Unless the work has particular money value the cost of going to law is simply not worth it. Here is a self help suggestion. UK: For infringing works hosted in the UK. ISP's in the UK all have an almost uniform term of service that prohibits the posting or distribution of infringing works. Based on previous court decisions in British courts, once notified by a copyright owner that they are hosting an infringing copy, should they fail to remove it, they can themselves become liable for the infringement. Attack the infringers where they live (on the Internet) by sending formal notice to the ISP if it is a British based service. The infringer will loose the use of the work (what you really, really want in the first place) and may loose his whole account and website. UK ISP's will act swiftly when notified. I know I've done it. US: For infringing works hosted in the US. There, in addition to, and maybe in spite of, the ISP's terms of service, the US based ISPs are specifically exempt from liability for hosting infringing works. There is a procedure where-by you can notify them of an infringing work and they will remove it. The infringer can challenge that and have it reinstated - however - in order to do that the infringer must also furnish sufficient information so as to allow him/her/them to be identified whereupon you can pursue them by other means. Details of the procedure can be found by searching the terms "DMCA" or "Digital Millennium Copyright Act" in any search engine. --------- Hope this explains a lot about the practical subject for those that are interested. Journalist
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#5
July 14th 04, 01:16 AM
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copyright info
Interesting subject. I just read a lawsuit from Florida by a tourist against a
tour company. Tourist took a photo on tour and when he returned the tour guy liked his photo. Asked if he could use it on a web page. Tourist (T) agreed and so it was. However Tour Guy (G) used it in brochures, other web sites, loaned it to another company, gave it to another G and in all the T found his photo on 21 uses in brochure and sites G owned. He got an award then for a couple of hundred dollars for each use. Then T went to work and located over 400 other uses by others and sued them. All said and not yet done but he so far may have a photo taken casually for fun that will net him over half a million based on the first judges value. Not bad huh...he did nothing to copyright the photo.
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#6
July 14th 04, 02:21 AM
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copyright info
"Christina" wrote in message om... What's the very best way to go about copyrighting your photos? My understanding thus far is that if I place a "c in a circle" along with a date and my name on my image, it is protected. It is protected from the moment it is fixed in a tangible medium, i.e. saved to a CF card, hard drive, etc. The copyright notice requirement was eliminated from US law in 1978, and the rest of the world considerably earlier. Ofcourse, someone can crop that out and use it, so I suppose that digimarking my image will track where it goes and that way I can too. This way I've stated that it's mine (with the "c in a circle") and I can track where it goes. Is this the best way OR what do you do? I want to create a web portfolio of my images. Thank you! Christina
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#7
July 14th 04, 02:21 AM
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copyright info
"Christina" wrote in message om... What's the very best way to go about copyrighting your photos? My understanding thus far is that if I place a "c in a circle" along with a date and my name on my image, it is protected. It is protected from the moment it is fixed in a tangible medium, i.e. saved to a CF card, hard drive, etc. The copyright notice requirement was eliminated from US law in 1978, and the rest of the world considerably earlier. Ofcourse, someone can crop that out and use it, so I suppose that digimarking my image will track where it goes and that way I can too. This way I've stated that it's mine (with the "c in a circle") and I can track where it goes. Is this the best way OR what do you do? I want to create a web portfolio of my images. Thank you! Christina
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#8
July 14th 04, 02:36 AM
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copyright info
"Journalist-North" wrote in message k... Close, but not quite right . . . COPYRIGHT IN THE US: US- Copyright exists from the instant that a work is fixed (on undeveloped film or in digital form); It must be fixed in a tangible medium. A digital picture that is taken to RAM, e.g. by a USB cable, would not be considered fixed because RAM is volatile. Taking a picture to non-volatile memory, such as CF cards and hard drives, is considered fixation as a matter of law. There are two routes to registration and that relate to potential damages infringement actions: There is only one way to register a work created in the US, and that is by submitting a copyright application, with the appropriate fee and a deposit copy, to the US Copyright Office. 1) there is no absolute requirement that a formal registration be made in the US but in an infringement you will have limited rights to recover damages - Registration is a prerequisite for an infringement action with respect to any work created in the US. Non-US Berne works, i.e. works created in a country which subscribed to the Berne Convention, do not have a registration requirement for initiating legal action in the US. Non-Berne works, i.e. works created in countries which aren't Berne signatories (there are still a few) must also register before bringing an infringement action. With respect to non-US Berne works, only actual damages may be claimed; statutory damages (which are _not_ punitive damages) may not be claimed without registration. you may only be able to claim "actual" damages for an infringement of an unregistered work - or - an amount that a court deems sufficient; 2) if formally registered with the US Patent and Copyright Office, on payment of a fee and deposit of a copy of the work, you may, in an infringement case, ask for, in addition to actual damages, punitive (statutory) damages Correct, except that statutory damages aren't punitive. ... the monetary difference between the two types of damages - actual and punitive - can be substantial. Correct. US- MORE- For an unregistered work you MAY send a copy to yourself by mail (in the US use "Registered Mail") but though that MAY be considered by a court as proof that a work existed at a particular time it is NOT the same as formal registration and does NOT necessarily establish copyright ownership. It also doesn't satisfy the registration prerequisite for bringing suit. All it is is admissible evidence of date of creation (assuming it is properly authenticated), which is relevant to ownership. Note, too, that statutory damages are unavailable for pre-registration infringement, i.e. until the application has been filed, any damages which incur from infringement are limited to actual damages, which is to say lost sales or infringer's gross profits less cost of sales. If the infringement ceases before registration, it can be pointless to sue. Registration with a depository service such as MediaRegister may in fact be the better option Such services are pointless. Registration with the copyright office is inexpensive and creates a _legal presumption_ of ownership and validity, i.e. the burden of proof shifts to the defendant, who must then prove that the plaintiff does NOT own the copyright. as there is less chance of challenge when the date/time verification is by an independent third party That's wrong -- as with the self-addressed envelope, it is merely evidence of date of first creation. even though it does not substantially help with the actual copyright ownership question. ------------ WHERE DOES COPYRIGHT LIVE?: If you are a UK citizen and create a work inside or outside the UK that copyright is considered to be UK. The same for citizens of the US and Ireland respectively. That's wrong with respect to US law. To be considered protected under US copyright law, the work must be authored within the US. A work authored by a US citizen in the UK is considered a Berne Convention work. Enforcement in the US if the infringement is there but copyright is non-US - Because of the formal deposit and registration requirements for US works there are particular reasons to register US made works; HOWEVER, a work with copyright subsisting in the UK or the Republic of Ireland can be enforced in the US without formal US registration to the same extent that it can be enforced in the UK or the Republic of Ireland neither of which make any formal registration system available domestically. That is correct, except that the US court will limit any recovery to actual damages. I don't know whether the UK has the equivalent of statutory damages or not, but, if so, the US court will not award them. stuff that I don't know about, i.e. involving the laws of other countries than the US, and stuff I agree with snipped ---------- WEB BASED INFRINGEMENT Notes: Most infringements, though not all, will be noticed by copyright owners as having their works appear without permission on someone else's website. Unless the work has particular money value the cost of going to law is simply not worth it. Perhaps this is true in the UK. It is not true for registered works in the US because of the availability of statutory damages. Here is a self help suggestion. snip US: For infringing works hosted in the US. There, in addition to, and maybe in spite of, the ISP's terms of service, the US based ISPs are specifically exempt from liability for hosting infringing works. Under the DMCA, they are exempt up until the point when they receive notice of the infringement. There is a procedure where-by you can notify them of an infringing work and they will remove it. The infringer can challenge that and have it reinstated - however - in order to do that the infringer must also furnish sufficient information so as to allow him/her/them to be identified whereupon you can pursue them by other means. Details of the procedure can be found by searching the terms "DMCA" or "Digital Millennium Copyright Act" in any search engine. --------- Hope this explains a lot about the practical subject for those that are interested. Journalist
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#9
July 14th 04, 02:59 AM
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copyright info
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#10
July 14th 04, 02:59 AM
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copyright info
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