legal run down on photographs?
Fri May 18, 2007 4:34 pm
Ok, I hope I don't sound to dumb. But I am not up on my rules for photographs.
I have collected a small amount of photographs. Some are original, others are just reprints. But, since they are in my possession would they be considered in my copyright/name? Or do photographs always hold to the person who took the shot?
Thanks,
Nathan
I have collected a small amount of photographs. Some are original, others are just reprints. But, since they are in my possession would they be considered in my copyright/name? Or do photographs always hold to the person who took the shot?
Thanks,
Nathan
Fri May 18, 2007 4:42 pm
the Photographer owns copyright on any photos he has taken. Ownership lasts 75 years if I remember. It all really depends. If it is government property, you may use it any way you want. If it is private property you have to get the permision of the shooter or his family if he is dead as copyright does inherit.
At no point can a photo posessor "own" copyright unless he has BOUGHT that copyright. Possesion does not mean posession of the fact that someone made that piece of artwork. It just means you bought a print of it. However, as has been stated elsewhere, you can generally use it as you like as long as it isn't on a huge scale, make the art available for reproduction where someone else can use it on a huge scale, or generally abuse the copyright owners right. If YOU shot that photo and, even by accident, someone made a million bucks off it, woul dit tick you off? Thats a good rule of thumb.
At no point can a photo posessor "own" copyright unless he has BOUGHT that copyright. Possesion does not mean posession of the fact that someone made that piece of artwork. It just means you bought a print of it. However, as has been stated elsewhere, you can generally use it as you like as long as it isn't on a huge scale, make the art available for reproduction where someone else can use it on a huge scale, or generally abuse the copyright owners right. If YOU shot that photo and, even by accident, someone made a million bucks off it, woul dit tick you off? Thats a good rule of thumb.
Fri May 18, 2007 4:48 pm
Thanks muddyboots,
How do you find out the photographer from a photo that has no caption? Or any other useful information regarding the person who took it?
How do you find out the photographer from a photo that has no caption? Or any other useful information regarding the person who took it?
Fri May 18, 2007 5:08 pm
muddyboots wrote:. If YOU shot that photo and, even by accident, someone made a million bucks off it, would it tick you off? Thats a good rule of thumb.
This lucky shot by Alberto Korda has a sort of familiar 'ring' to it.
If he had a dollar for every...
PeterA
??
Fri May 18, 2007 6:51 pm
Also remember that gov't photographs are in the public domaign and aren't subject to to copywright protection 
Fri May 18, 2007 7:32 pm
GEICO. So easy a caveman can do it!
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Fri May 18, 2007 7:39 pm
I spit my pop all over my keyboard, when I saw your post about the caveman, because I was just thinking it too! LOL
As far as photographs go, your right, the person who took the photo has the copyright, however just because you have a copy of it or an original, unless you paid for the rights for it, your not the copyright owner.
As far as photographs go, your right, the person who took the photo has the copyright, however just because you have a copy of it or an original, unless you paid for the rights for it, your not the copyright owner.
Fri May 18, 2007 7:45 pm
How long does a copyright last?
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.
Go here for the real deal.
http://www.copyright.gov/
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.
Go here for the real deal.
http://www.copyright.gov/
Fri May 18, 2007 7:56 pm
Paul Krumrei wrote:How long does a copyright last?
If you're Disney....forever. Steamboat Willie was about to become public domain several years ago until Sonny Bono came riding to their rescue.
Fri May 18, 2007 8:38 pm
Nothing wrong with any of the above except the references apply specifically to US law and US government. The same does not apply in other countries or their laws.
There are international copyright conventions.
Generally (this is NOT legal advice) if you post a photo on an internet forum from your own collection, without any aim of profit, it's unlikely anyone will mind. If someone reasonably objects, the first step is to offer to remove it, which generally suffices.
Lifting photos from books or websites or claiming photographs are your copyright (when they aren't) are the main no-nos.
HTH
There are international copyright conventions.
Generally (this is NOT legal advice) if you post a photo on an internet forum from your own collection, without any aim of profit, it's unlikely anyone will mind. If someone reasonably objects, the first step is to offer to remove it, which generally suffices.
Lifting photos from books or websites or claiming photographs are your copyright (when they aren't) are the main no-nos.
HTH