Post by snapdshotz on Jul 12, 2007 17:47:58 GMT -5
Photo Copyright Information
In the past two weeks, it has come to our attention that there have been a few violations of copyright infringement involving our photos. I am taking the time to make everyone aware of what a “copyrighted photograph” means.
Please take the time to read this information and let this post serve as both educational and a warning...
1st … What does “copyright” mean?
A. Copyright is a form of protection, authorized by the United States Constitution, which gives photographers right to use and reproduce their works. The Copyright Act is federal law.
United States has signed several international copyright agreements, copyright protection is effective worldwide. Generally, owners of a copyright have the exclusive right to use and copy their works. The use or copying of any work without permission from the owner of the copyright is a violation of the United States Copyright Act.
2nd … Why are the photographs “copyrighted”?
Copyright gives the creator or author of a work the power to control the work. The owner of the copyright has the exclusive right to control if, when, how and how often his or her work can be used or copied.
A copyright also allows the photographers to make exclusive copies, create other works based on the photograph and publicly display the photographs.
3rd … Who owns the “copyright”?
The person who creates a work is the owner of the copyright. Photographers (the person who snapped the shutter or created the image) owns the copyright to their photographs. The photographs taken by the photographer are considered “exclusive intellectual property”.
When you buy a photograph, ownership does not change, the photographer still owns the copyright to the photo. Further more, you purchasing the copyrighted photo does NOT convey any right to copy or use the photo.
For example you purchase a photo and display the photo at home or at the office but it CANNOT be copied, reproduced or used for any other purposes.
4th … Can I get permission to use a “copyrighted photo?
Permission to use a copyrighted work is called a "license or release" and must be obtained in writing from the owner of the copyright prior to using the photograph.
5th … What happens if I use a “copyrighted” photograph without permission?
Unauthorized use of a copyrighted work is called infringement. The Copyright Act provides stiff penalties for infringing copyrighted works. Even the simple act of photocopying a copyrighted image without permission can be an infringement. When there is an infringement, the photographer (owner of the copyright) can sue for damages.
The photographer (owner) can elect to seek the greater of either his or her actual damages plus the profits earned by the infringer, or damages of up to $150,000 per infringement inaddition to attorney's fees and court costs. The burden of proof is on YOU to prove that you did not infringe upon the copyright.
6th… This photo does not have a “copyright” or is on the internet, can I use it?
No…assume that all works are protected by copyright and that no work can be used or reproduced without permission. As of March 1, 1989, a copyright notation is not necessity for copyright protection.
A photograph taken off the internet without permission is as much an infringement as if the same image was photocopied. The unauthorized reproduction of a copyrighted work even if taken off the internet is still an infringement of the copyright.
7th…PHOTOGRAPHS MAY NOT be stored, printed, photocopied, scanned, enhanced, altered, resold, incorporated into other images, used as clip art, published or distributed in any way, without the express written permission of the photographer.
PHOTOGRAPHS MAY NOT reproduced in ANY form, including on websites or in emails, without written permission.
All photographs MUST display the copyright information as printed on the photograph.
NO photograph may have the copyright information removed or cut off in anyway.
In the past two weeks, it has come to our attention that there have been a few violations of copyright infringement involving our photos. I am taking the time to make everyone aware of what a “copyrighted photograph” means.
Please take the time to read this information and let this post serve as both educational and a warning...
1st … What does “copyright” mean?
A. Copyright is a form of protection, authorized by the United States Constitution, which gives photographers right to use and reproduce their works. The Copyright Act is federal law.
United States has signed several international copyright agreements, copyright protection is effective worldwide. Generally, owners of a copyright have the exclusive right to use and copy their works. The use or copying of any work without permission from the owner of the copyright is a violation of the United States Copyright Act.
2nd … Why are the photographs “copyrighted”?
Copyright gives the creator or author of a work the power to control the work. The owner of the copyright has the exclusive right to control if, when, how and how often his or her work can be used or copied.
A copyright also allows the photographers to make exclusive copies, create other works based on the photograph and publicly display the photographs.
3rd … Who owns the “copyright”?
The person who creates a work is the owner of the copyright. Photographers (the person who snapped the shutter or created the image) owns the copyright to their photographs. The photographs taken by the photographer are considered “exclusive intellectual property”.
When you buy a photograph, ownership does not change, the photographer still owns the copyright to the photo. Further more, you purchasing the copyrighted photo does NOT convey any right to copy or use the photo.
For example you purchase a photo and display the photo at home or at the office but it CANNOT be copied, reproduced or used for any other purposes.
4th … Can I get permission to use a “copyrighted photo?
Permission to use a copyrighted work is called a "license or release" and must be obtained in writing from the owner of the copyright prior to using the photograph.
5th … What happens if I use a “copyrighted” photograph without permission?
Unauthorized use of a copyrighted work is called infringement. The Copyright Act provides stiff penalties for infringing copyrighted works. Even the simple act of photocopying a copyrighted image without permission can be an infringement. When there is an infringement, the photographer (owner of the copyright) can sue for damages.
The photographer (owner) can elect to seek the greater of either his or her actual damages plus the profits earned by the infringer, or damages of up to $150,000 per infringement inaddition to attorney's fees and court costs. The burden of proof is on YOU to prove that you did not infringe upon the copyright.
6th… This photo does not have a “copyright” or is on the internet, can I use it?
No…assume that all works are protected by copyright and that no work can be used or reproduced without permission. As of March 1, 1989, a copyright notation is not necessity for copyright protection.
A photograph taken off the internet without permission is as much an infringement as if the same image was photocopied. The unauthorized reproduction of a copyrighted work even if taken off the internet is still an infringement of the copyright.
7th…PHOTOGRAPHS MAY NOT be stored, printed, photocopied, scanned, enhanced, altered, resold, incorporated into other images, used as clip art, published or distributed in any way, without the express written permission of the photographer.
PHOTOGRAPHS MAY NOT reproduced in ANY form, including on websites or in emails, without written permission.
All photographs MUST display the copyright information as printed on the photograph.
NO photograph may have the copyright information removed or cut off in anyway.