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09/14/2004 05:58:14 PM · #101 |
In the US, you can "gang register" any number of pictures for $30. You just need to send a CD or DVD of the images or contact sheets along with Form VA and a check for $30. They will send a receipt showing that the photos are registered although it can take up to 6 months to get the receipt back (they're still doing a lot of anthrax checking of their mail). It's really just a registration process ... they don't have the right to turn you down.
Remember that the copyright is yours the moment you create the image! Registering it allows you to go for the big bucks. I know a stock photographer who bought his new house outright because of winning a copyright suit ... and it was $150,000 on multiple images! |
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09/14/2004 05:59:52 PM · #102 |
I hate to throw this out, but do Copyright rules extend outside the US?
I know I occasionally forget and think that the Internet is bound to the US. Rules here do not necessarily apply overseas.
Do we have a lawyer in our midst? |
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09/14/2004 06:05:56 PM · #103 |
Originally posted by RobCoursey: I hate to throw this out, but do Copyright rules extend outside the US?
I know I occasionally forget and think that the Internet is bound to the US. Rules here do not necessarily apply overseas.
Do we have a lawyer in our midst? |
Yes. And, it depends. ;)
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09/14/2004 06:14:40 PM · #104 |
Originally posted by RobCoursey: I hate to throw this out, but do Copyright rules extend outside the US?
I know I occasionally forget and think that the Internet is bound to the US. Rules here do not necessarily apply overseas.
Do we have a lawyer in our midst? | They surely don't apply in China but they do in all the North American and European countries for sure. |
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09/14/2004 06:28:03 PM · #105 |
One of my pics was stolen, from the Nudes II challenge, thanks Jenesis for letting me know :)
I wouldn't mind so much other than the digital work done on it was absolutely shocking! Talk about ruin a photo!
As for international copyright,boy is that a minefield!
I know there was a huge legal battle a year or so about libel. A company in the US had something on their web site that was considered libel. In whatever state they were in it was ok to say it. In Australia it was considered libel. The legal battle centered on .... "where were the words published". The US lot said they were published where they were on the server, the Aussie said they were published where he read them (argument being that if he had bought a book from a local store it was published there).
In the end it was decided the work was published where it had been read .... makes it very hard now as if you put something up on a web site and it breaks some law in some obscure country ........
I believe the copyright laws are just as complicated when it comes to international publishing.
Also, realistically ... say I did madly object to that guy enough to want to sue him .. is anyone realistically going to? The threat is just hot air. Would cost a fortune, especially from overseas, and the guy is probably some pimply teenager with a rusty bike to his name *laugh*
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09/14/2004 06:42:14 PM · #106 |
Originally posted by Natator: Also, realistically ... say I did madly object to that guy enough to want to sue him .. is anyone realistically going to? The threat is just hot air. Would cost a fortune, especially from overseas, and the guy is probably some pimply teenager with a rusty bike to his name *laugh* |
yeah, but that pimply teenager will just get away with it, and keep doing it. they wont learn. its rediculous. the most we can hope for is the site administrators acting on it and banning their accounts or IP. which i doubt they will because they dont seem to give any care about what is on their site.
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09/14/2004 06:57:57 PM · #107 |
from //www.rightsforartists.com/copyright.html
Per The Copyright Act of 1976 (effective in 1978), there are three fundamental criteria to establish copyright:
â€Â¢ Fixation to a tangible medium
â€Â¢ Originality
â€Â¢ Minimal creativity
Registering your original work with the Office of Copyright is not required for intellectual property to be protected by copyright.¹
Who is the copyright owner?
Copyright is established when an original work is created, composed or written and fixed to a tangible medium such as paper, canvas, recording, a hard drive, on film, etc.
But does copyright protect me worldwide?
Copyright laws are international with limitations.
With the establishment of the Berne Convention and the World Intellectual Property Organization (WIPO), copyright treaties were written to define international elements of copyright protection.
The United States became a member of the Berne Convention in 1989 joining most of Western Europe, Canada, Mexico, Japan, and Australia.
Therein was established a "principle of national treatment" granting broad international copyright protection to the citizens of the participating countries.
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09/14/2004 07:05:32 PM · #108 |
Originally posted by longlivenyhc:
Registering your original work with the Office of Copyright is not required for intellectual property to be protected by copyright.¹
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If I'm not mistaken, one way to prove date of copyright (which is as effective as registry) is the old "mail it to yourself" technique. Create a copy of your photo (print, cd, whatever) and mail it to yourself using registered mail. It's the 'poor man's copyright'.
I personally wouldn't bother, as it's not the issue of copyright or proof thereof, but the lack of enforcement of the law that is causing the problem. |
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09/14/2004 07:11:38 PM · #109 |
Originally posted by Natator: In the end it was decided the work was published where it had been read .... |
Which is idiotic and illogical ... a work is "published" by the publisher, where it is produced. Books are obviously not "published" in the store where bought; most have it printed right inside the flyleaf where they are published. Web pages are a bit more difficult -- I'd say they are published at the legal location of the site owner; I'd consider that DPC (as is covered by the TOS) is "published" in Virginia, perhaps regardless of where the physical server resides.
A bookstore is a retailer/reseller usually two steps removed (via a distributor/wholesaler) from the publisher.
I wouldn't expect that precendent to carry very far. |
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09/14/2004 07:13:14 PM · #110 |
Originally posted by thatcloudthere: Originally posted by longlivenyhc:
Registering your original work with the Office of Copyright is not required for intellectual property to be protected by copyright.¹
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If I'm not mistaken, one way to prove date of copyright (which is as effective as registry) is the old "mail it to yourself" technique. Create a copy of your photo (print, cd, whatever) and mail it to yourself using registered mail. It's the 'poor man's copyright'.
I personally wouldn't bother, as it's not the issue of copyright or proof thereof, but the lack of enforcement of the law that is causing the problem. |
That technique is OK to help prove provenance, but has no legal bearing in a copyright infringement suit -- only by registering with the Copyright Office can you bring an action to collect damages. |
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09/14/2004 07:16:19 PM · #111 |
US Copyright Office
Almost all forms, manuals, etc. availavle for download as PDF files.
Nolo Press
Excellent source of legal books for the lay person, including several on copyright/IP law. Also big pool of lawyer jokes. |
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09/14/2004 07:22:48 PM · #112 |
Are we all going off on some sort of tangent here?
In the case of the thread topics, the 'thieves' have a 640x??? the fotog has a 3012x???? (or whatever). I wonder who the powers that be will think the copyright holder is????
Mind you, I still have a (signed for) sealed envelope addressed to AM-2PM *and the rest of the address* It contains a logo I created for the name but no longer use.
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09/14/2004 09:16:54 PM · #113 |
Originally posted by GeneralE: Originally posted by Natator: In the end it was decided the work was published where it had been read .... |
Which is idiotic and illogical ... a work is "published" by the publisher, where it is produced. |
Yup, I agree it does indeed seem idiotic and illogical.
However, the reverse can also be true. For instance, it would be wrong if someone wanted to slander you (ok, libel, whatever) and to get around it simply "publish" the web pages in Ubekistan so everyone can read it in the US anyway.
I think it is one of the many problems with something as international as the interweb, and have no idea what would be a decent solution.
Books can be complicated though. Often you'll see a single book which in the front information with have several locations where it has been "published" (and they use that term, not "printed").
Using the "logic" behind the libel example, does that mean if I buy a book "piblished here", take it on holiday somewhere obscure, let someone read it there it has been "published" there? I think not ... you, with you there General.
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09/15/2004 10:03:31 AM · #114 |
Well..I when I put my images online, I "offer" them to the world..I just goet pissed when someone mods it...and mods it badly.
As for the website...unless I am retarded, I could not find any info/contact page to pass my message along...from what I gather, I'd say that over 60% of the images a looked at were in fact stolen...so the website admin probably prefers being "invisible"...
I've made my peace with the subject anyway.
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