Switch to English Language Passer en langue française Omschakelen naar Nederlandse Taal Wechseln Sie zu deutschen Sprache Passa alla lingua italiana
Members: 70,276   Posts: 1,534,784   Online: 819
      
Page 2 of 4 FirstFirst 1234 LastLast
Results 11 to 20 of 31
  1. #11
    AgX
    AgX is offline

    Join Date
    Apr 2007
    Location
    Germany
    Shooter
    Multi Format
    Posts
    8,517
    Quote Originally Posted by jnanian View Post
    agx ..
    if you sold the NEGATIVE ( or singular positive, where no negative existed ) as part of a work of art would you register it?
    I have no means to register any photograph as there is no register.
    What of course puts me in the situation to prove that I'm the creator. (Hardly a problem in times of analog photography.)

    (The only register that exists is for pictorial (trade-)marks, at the patent office.)


    Concerning your actual question:
    Selling commercial photograhy typically involves negotiating about what rights adherent to a photograph to be transferred.
    Selling a photograph as work of art typically does not include any further rights.

    At least that is the situation here in Germany.
    Last edited by AgX; 05-14-2014 at 10:51 AM. Click to view previous post history.

  2. #12

    Join Date
    Jun 2003
    Location
    local
    Shooter
    Multi Format
    Posts
    16,125
    Blog Entries
    1
    Images
    1
    Quote Originally Posted by BrianShaw View Post
    Art, or commercial? What reproduction/usage rights went with it?
    it would be ART ...
    but, if the negative is sold along as part of the final image/s ... the owner of the artwork
    would then be able to reproduce them ( i am guessing, since i am not a lawyer i am in the dark )

    so in order for me to say " hey, i own the rights to the negatives ... i made them DON"T MAKE PRINTS FROM THEM " i'd have to register them with the LOC/CO ?

    thanks AgX !
    silver magnets, trickle tanks sold
    artwork often times sold for charity
    PM me for details

  3. #13

    Join Date
    Feb 2012
    Location
    Penfield, NY
    Shooter
    35mm
    Posts
    1,017
    As I understand it:

    In the US, an image is copyrighted when taken. However, unless the image is registered with the Copyrighted Office (it can be done in bulk), you will be limited to the 'fair use' value of the image in any legal action. This means someone can use your image and only pay you what they would have with your permission. If the image is copyrighted, you qualify for triple damages, making if far less attractive to use your image without your permission.

    You may have given up your copyright rights if you have a 'work for hire' agreement with your employer.

  4. #14

    Join Date
    Jun 2003
    Location
    local
    Shooter
    Multi Format
    Posts
    16,125
    Blog Entries
    1
    Images
    1
    hi professor pixel
    you are correct ...
    but i was thinking about ART, not commercial work that is copyrighted.
    i know the copyright office allows artists to copyright 3d and 2d artwork, not just
    commerical / non-"for hire" assignment work .. and my questions could probably be distilled down to this:

    if someone buys a negative from you as a piece of artwork, do they get usage rights to reproduce that negative transfered to them
    at the time of purchase or do the usage rights still belong to the creator?

    thanks !
    john
    silver magnets, trickle tanks sold
    artwork often times sold for charity
    PM me for details

  5. #15
    ROL
    ROL is offline
    ROL's Avatar
    Join Date
    Oct 2005
    Location
    California
    Shooter
    Multi Format
    Posts
    794
    "do you copyright ( or non- us equiv ) ?"


    You do if you're professional: Photo Biz –> Copyrighting

  6. #16

    Join Date
    Apr 2011
    Location
    Central Illinois
    Shooter
    35mm
    Posts
    701
    Interesting question. The studio that does the photography for my kids' school pictures will sell a CD to you with the school picture on it. Along with the CD (which in the digital times we live in is like a negative) they include a release granting you rights to reproduce the picture. So I would lean towards the copyright remaining with the photographer/studio, while the rights to reproduce the image may or may not be licensed to the purchaser depending on the terms of sale.

    Personally (and I am not a lawyer so this is just my opinion), if I were you, and included the negative in the sale, I would spell out whether or not the rights to reproduce the image are transferred to the purchaser. This makes it clear to both parties exactly what rights, (if any) are being transferred to the purchaser of said image.
    ME Super

    Shoot more film.
    There are eight ways to put a slide into a projector tray. Seven of them are wrong.

  7. #17

    Join Date
    Nov 2005
    Location
    Los Angeles, CA
    Shooter
    Multi Format
    Posts
    5,028
    Quote Originally Posted by jnanian View Post
    ...
    if someone buys a negative from you as a piece of artwork, do they get usage rights to reproduce that negative transfered to them
    at the time of purchase or do the usage rights still belong to the creator?
    I'm not a lawyer either but I think it is important that the rights being assigned, transferred, given, or sold be specified clearly enough that you know what you are assigning, and the recipient knows when he will be violating that agreement.

  8. #18

    Join Date
    Mar 2008
    Location
    San Diego, CA, USA
    Shooter
    Multi Format
    Posts
    2,250
    Images
    21
    Practically speaking, the registration seems only useful if you intend to *use* it. The deterrent value of a clear specification of rights, as BrianShaw suggests, is probably at least as good as the deterrent value of registration. So the question is, if you get the rights documented, and you find that the customer has run off and abused your negative anyway, are you going to follow through on it legally?

    -NT
    Nathan Tenny
    San Diego, CA, USA

    The lady of the house has to be a pretty swell sort of person to put up with the annoyance of a photographer.
    -The Little Technical Library, _Developing, Printing, And Enlarging_

  9. #19

    Join Date
    Jun 2003
    Location
    local
    Shooter
    Multi Format
    Posts
    16,125
    Blog Entries
    1
    Images
    1
    Quote Originally Posted by ROL View Post
    "do you copyright ( or non- us equiv ) ?"


    You do if you're professional: Photo Biz –> Copyrighting
    hi ROL

    i am a professional, have been since 1986, but i have never sold a negative or 1st-generation image ( or digital file ) as "art"
    i have also been selling "art" (whatever that means) that isn't commercial art but sold through galleries &c since around the same time
    -- portraits &c and things i called "hybrid" photographs made back in the 1990s which were assemblages and things that existed for only as long
    as i enlarged the image and after the SINGLE IMAGE was made the assembled camera made+non camera made negative ( that is the hybrid part )
    was removed + disassembled so the print couldn't be made again ... but again, i have never sold a NEGATIVE as part of the artwork ..
    just like i have never sold a transparency, just images made from them, and they had limited use, not full use, or full transfer of ownership,
    i have also sold full on complete negatives and prints, but i still retain the copyright so i am permitted to reuse print, publish &c the image
    ===

    thanks for your questions and comments, i think i just answered my own question in answering this post.
    i will copyright the negatives and treat them like they are a transparency ... and even thought if/when i sell the work/s
    and explicitly explain there are no rights granted &c if i find they did/do i will go after them as i would a commercial client
    who uses without permisision ...

    john
    silver magnets, trickle tanks sold
    artwork often times sold for charity
    PM me for details

  10. #20
    Ian Grant's Avatar
    Join Date
    Aug 2004
    Location
    West Midlands, UK, and Turkey
    Shooter
    Multi Format
    Posts
    16,240
    Images
    148
    Quote Originally Posted by jnanian View Post
    ian, brian and agx ..

    if you sold the NEGATIVE ( or singular positive, where no negative existed ) as part of a work of art would you register it ?

    thanks!
    john
    You need to stipulate what rights the buyer has at the time of sale. If it's a unique piece of art as opposed to something that can be replicated many times or as a limited edition once you sell it it's no longer yours to exercise any control over.

    It's a bit like some of the early 20th C painters who struggled to survive and sold their paintings to live, later seeing them sell on later for very high prices and getting nothing.

    So you need to make the highest possible quality copy before you sell it and retain the right to use the copy as you wish, perhaps stipulate the new owners of the image can't use it for commercial purposes. So essentially you want to retain the reproduction rights.

    Ian

Page 2 of 4 FirstFirst 1234 LastLast


 

APUG PARTNERS EQUALLY FUNDING OUR COMMUNITY:



Contact Us  |  Support Us!  |  Advertise  |  Site Terms  |  Archive  —   Search  |  Mobile Device Access  |  RSS  |  Facebook  |  Linkedin