Photo Protection/Copyrights?

[Morgandy]

Hey all,

I was made aware that photos of mine have been taken and put up on sites (photobucket for instance), and the person has taken ownership as photographer. How on the web does one really 'copyright' their shots? I hate going into 'file properties' for every single photo I have online, so wondering what people do. I can put my name on them all, but that can always be cropped out. Just looking for ideas. And, any recourse against stolen shots? I doubt it, but just curious.

thx!!

 

[Rosseau]

This is perhaps a favourite topic of this forum... /

As I understand it, the second you press the shutter you are the legal owner of the photograph. How that changes once you upload the file isn't always so clear.

Recourse against stolen shots? Rarely.

 

[Rosseau]

Usually, if you post the name/location of the stolen images, the webhoster will be pressured to remove the offending material.

I've seen people post links here and then successfully have their images removed.

 

[ridinfast03]

Two ways I can think of to protect a piece of "art" or "work" I am a photographer for a quad racing company, not very good I may add but I work hard haha and we have this problem a lot.

1. You can hide your name and such information some where in the picture in a micro font, just make sure you can be able to view it yourself if ever needed.

2. *more popular
You can take a single pic/file or a batch of either or however you want and mail it back to yourself through certified mail and never open it. If a descrepency ever goes in front of a judge you can open the certified mail in the court room with the postmark date and prove your case that the work is yours. This is commonly referred to as a poor man's copyright. I know a lot of song writers that do this when they can not afford to have something copyrighted the real way.

 

[BlueCorn]

The only way that you can really protect yourself is to file the images, using the form VA, with the copyright office before posting it. You own the image the moment that you create it but you can't actually sue for damages unless the image was registered. If the image wasn't registered all that you're entitled to is actual licensing costs based on it's usage or requiring them to stop using it.

ridinfast03 - what you posted can help prove ownership but does little else.

 

[Morgandy]

Thanks folks...I know it's a toss-up anytime you use this bloody web! Just seeing if there were ways I didn't know about.

 

["Umm fish?"]

I encourage you to read the copyright law. It's available online here:

http://www.copyright.gov/title17/

For what you are talking about, I'd especially read section 512(c)(1)(iii) and follow closely what it says at 512(c)(3), here:

http://www.copyright.gov/title17/92chap5.html

Also, read the licensing agreements at the image hosting sites. From what I've seen, users of the site are required to only post images for which they hold the copyright, so posting someone else's image is also a violation of their agreement with the site.

Good luck!

 

[NeveSSL]

Yes, by all means, don't do the "mail it to yourself" thing. It may or may not hold water in court, and you have to register your copyrights before you go to court anyway (not that you're planning to do so, its just that the "mail it to yourself" thing is not very solid at all). Register your materials!

Anyone use watermarks on their photos?

Brandon

 

[BeanAnimal]

2. *more popular
You can take a single pic/file or a batch of either or however you want and mail it back to yourself through certified mail and never open it. If a descrepency ever goes in front of a judge you can open the certified mail in the court room with the postmark date and prove your case that the work is yours. This is commonly referred to as a poor man's copyright. I know a lot of song writers that do this when they can not afford to have something copyrighted the real way.

Very common, but pretty much useless. The effectivness of such an adventure is mostly urban legend

Actually the United States Copyright Office does not recognize the practice, nor will a judge!
http://www.copyright.gov/help/faq/faq-general.html

As beerguy mentioned, it may help your case by showing ownership previous to the dispute.... but thats about it.

 

[Morgandy]

At this point I'm just curious since I don't intend to make any kind of scene with this guy, other than 'politely' asking him to remove it. This is what Photobucket says, and I'm interpreting it in a couple different ways, what is the take on this? Is he allowed to do what he did since the photo is mine and publicly available through my website? (coral reef system shot)

Photobucket provides its Registered Users (defined below) with the ability to host a variety of content, including without limitation images and videos (including any audio accompanying the videos) ("Content") that Registered Users own or to which they have the necessary rights ("User Content"), in order to share User Content via the Web on, for example, auction websites such as eBay, classified advertising websites, online journals, blogs, message boards, personal websites, social networking sites, and online photo albums. Registered Users and visitors to the Site may also order, via the Site or via partner websites ("Partner Sites"), prints, photographs, t-shirts, and similar items that incorporate publicly available Content.

 

[BeanAnimal]

The content is yours and photobucket will likely honor your request to have it removed. You may have a hard time forcing the action from a legal standpoint.

 

["Umm fish?"]

I've had a photo removed from Photobucket. They were very quick and very polite. Follow the rules on their website regarding making the request.