Notices

Photos used for profit......

Old 10-15-2007, 01:33 PM
  #21  
Senior MemberCaptains Club Member
 
Join Date: Aug 2002
Location: St. Augustine, Fl
Posts: 21,813
Default Re: Photos used for profit......

The cheap way I have heard of substantuating copy rights is to seal up originals and mail them to yourself, they are then stamped in a sealed envelope....
Cracker is offline  
Old 10-15-2007, 02:02 PM
  #22  
Senior MemberCaptains Club MemberPLEDGER
 
Join Date: Feb 2003
Location: Thornton's Ferry,NH,USA
Posts: 10,657
Default Re: Photos used for profit......

I'm under the impression that if you publish something without copyrighting it, you have placed it into public domain. A limited distribution given firectly to friends is not the same as publishing but putting a pic on a net forum or leaving a stack of prints in a public place would compromise your rights.

A man in my town sued Playboy for an ad they ran with his picture and won. I think it took a couple years to sort it all out. I think you should send the company a letter requesting clarification on how they aquired your work and why they published it without release. Send it "return-receipt-requested." You may or may not get a letter of apology.

Good luck!
Kamper is offline  
Old 10-15-2007, 04:40 PM
  #23  
Senior MemberCaptains Club Member
 
Join Date: Feb 2003
Location: jax, florida
Posts: 1,268
Default Re: Photos used for profit......

claymar has it right. you took the photo it is copyrighted to you. However, if you didn't register it w/copyright office its tougher and less rewarding to try to get your $. You can register a group of images w/cd or dvd sent in for a small fee (i think its 25 bucks) and that really helps your position for future, and you may be able to go back and register this image-not sure though.
tabascoT is offline  
Old 10-15-2007, 05:08 PM
  #24  
Senior MemberCaptains Club Member
 
saltydog251's Avatar
 
Join Date: Feb 2002
Location: Ft Myers, FL- Malden, MA
Posts: 1,478
Default Re: Photos used for profit......

the ppa (professional photographers of america - ppa.com I think) have a copyright "office" that handles just these kinds of issues. I think they are free, or at least a very modest fee to join. They will assist you in handling this issue.
saltydog251 is offline  
Old 10-15-2007, 07:42 PM
  #25  
Senior Member
 
Join Date: Mar 2007
Location: Oceanside, Calif.
Posts: 147
Default Re: Photos used for profit......

Kamper - 10/15/2007 11:02 AM

I'm under the impression that if you publish something without copyrighting it, you have placed it into public domain. A limited distribution given firectly to friends is not the same as publishing but putting a pic on a net forum or leaving a stack of prints in a public place would compromise your rights.

Good luck!
Wrong.

I own a web site in which I puplish and sell my photographs. I specificically state on my site that the images as well as the site design belong to me and are to be used only with my express permission, I do that not because I have to but because I want to prevent someone from unknowingly use my images (legal ignorance) and put me inthe psosition of wating my time to go after them.

I also contribute (thus puplish) numerous photos to various other web sites in which I retain all rights. You do not loose your proprietory copyright unless you expressly sign away that right.

There are numerous photo-contest that are run wherin you will be asked to sign away your copyright. Myself, and most serious photographers, will not do that.

One other point I failed to metion in my previous post as to the registered v. unregistered copyright. With a registered copyright the burden of proof is on the violater to prove it is theirs. In an unregistered copyright that burden shifts to you to prove it is yours, thus the importance of imbedding information im digital photos and making sure copyright marks are in place.
claymar is offline  
Old 10-15-2007, 09:32 PM
  #26  
Senior MemberCaptains Club MemberPLEDGER
 
Join Date: Dec 2004
Location: Not in Texas
Posts: 10,213
Default Re: Photos used for profit......

claymar - 10/16/2007 1:01 AM

Some of the above is good, some not so good.

1st off ...

2nd if you ...

3rd in the future, ...

You are SPOT ON!!! And there is indeed an endless crap load of, well, crap, in many of the above posts.





Eyeball is offline  
Old 10-15-2007, 11:16 PM
  #27  
Senior Member
 
Join Date: Aug 2004
Location: Tennessee
Posts: 1,471
Default Re: Photos used for profit......

As a professional wildlife photographer (http://pawprintphotography.com/) I can tell you for certain that as soon as anyone in the USA takes a photograph it is immediately copy righted material. To use any photo taken by anyone with out there permission is against the law.
Most people sign off this right without realizing it when they enter contests.
I have also been on the other side of the shoe and found lieing thieving cheating business's that have used my photos without my permission but unless you want to spend a fortune on legal fee's there really isnt a lot you can do about it.
You can register a copyright on a photo which may strengthen the copyright but it is not required.
Snowwolfe is offline  
Old 10-16-2007, 03:44 AM
  #28  
Senior MemberCaptains Club MemberPLEDGER
 
Join Date: Feb 2003
Location: Thornton's Ferry,NH,USA
Posts: 10,657
Default Re: Photos used for profit......

claymar - 10/15/2007 10:42 PM
Wrong. ...
I was refering to a public web-site like THT, without indicating the images are copy-righted. Would you still retain your rights in that example?
Kamper is offline  
Old 10-16-2007, 04:08 AM
  #29  
CJS
Senior MemberCaptains Club MemberPLEDGER
 
Join Date: Jul 2003
Location: Adrift
Posts: 5,842
Default Re: Photos used for profit......

Kamper - 10/16/2007 3:44 AM

claymar - 10/15/2007 10:42 PM
Wrong. ...
I was refering to a public web-site like THT, without indicating the images are copy-righted. Would you still retain your rights in that example?
For the record, if it turns out that by posting photos on a website like THT puts
them in the public domain, I am officially calling "DIBS" on all of the photos that
Jay A has posted over the years.
CJS is offline  
Old 10-16-2007, 04:31 AM
  #30  
Senior Member
 
Join Date: Jan 2007
Location: Turks and Caicos Island
Posts: 7,537
Default Re: Photos used for profit......

This is all interesting information. I have never taken a photo I think anyone could sell, but the day could come and this is good to know. Thanks
Gringo is offline  
Old 10-16-2007, 05:46 AM
  #31  
Senior MemberCaptains Club Member
 
Join Date: Jan 2003
Location: east hampton ny usa
Posts: 2,244
Default Re: Photos used for profit......

http://books.google.com/books?id=3BT...CpzB0A#PPP1,M1
randall is offline  
Old 10-16-2007, 08:44 AM
  #32  
Senior Member
 
Join Date: Mar 2007
Location: Oceanside, Calif.
Posts: 147
Default Re: Photos used for profit......

Kamper - 10/16/2007 12:44 AM

claymar - 10/15/2007 10:42 PM
Wrong. ...
I was refering to a public web-site like THT, without indicating the images are copy-righted. Would you still retain your rights in that example?
Makes no differance weather the site is public or otherwise. Your work is your work.

The problem is that by putting a photo on a public web site without marking or embedding copyright information in it is like leaving your car unlocked with the keys in it. If you take a look at my site you will see low resolution photos with a copyright symbol date and my name. In addition each photo that I edit for the internet has copyright information embedded (digital watermarking) in the file that can be retrieved if copied.

Many photographers and especially the high end art folks will place a large visible watermark on the photo as well as an embedded one.

And dont think that because your not a pro you are not capable of taking a good commercial photo. There are countless number of people out there that scourer the internet for free stolen artwork for all sorts of commercial uses. Last year I was alerted to a web develeper who tried to snag one of mine that I put on my site just as an illustration and not for sale.
claymar is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are On
Refbacks are Off


Thread Tools
Search this Thread