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  1. #1

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    singular image (tintype &c ) or negative do you copyright ( or non- us equiv ) ?

    do you REGISTER the copyright your work ( or non-usa protection of work created ) ?

    i have copyrighted my assignment/commerical work on and off for a long while
    after a deadbeat company i worked with decided they had the right to
    take my work and not for pay using it ... its a long sad story about crafty lawyers, strength, and ignorance
    but you learn the hard way that without the certification from the LOC/copyright office you are pretty much screwed
    so this isn't a thread about the benefits and need of copyright for commercial work ...

    the reason i ask is because soon i will be harvesting a group of photographs and the finished work
    will include the negatives as well as the finished print/s and i worry a little bit that if the negative is included
    some joker might attempt to use it, and claim that it is theirs to make prints from, when it isn't ...
    yes, you heard/read me right, i will be including the negative ( the first generation photograph ) because
    i don't do editions and after the prints are made i really have no use for them, and i am too-lazy to cut or burn them ...

    you probably don't, but if you include the negative with the finished work ( tintypests, ambrotypists, daguerreotypistts, antotypists, luminists &c ) would you copyright it? would you copyright each individual image along with the negative?
    would you copyright the finished work ( 4-5-6 images together) ?


    thanks!
    john

    ps. i know i put this in the ethics/philosophy forum, not really sure where it would go, so if the mods want to move it, please move it.
    Last edited by jnanian; 05-14-2014 at 12:12 PM. Click to view previous post history. Reason: sorry for the confusion

  2. #2

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    Don't you mean, do you file a copyright registration..? Or do you mean, do you put a copuyright marking on your images? The copyright itself is inherent in the creation of the image.

    If the first interpretation, then no, I never have and probably will never need to since I'm not earning income directly from images I shoot (or have shot). If the second interpretation, then yes... almost always.

  3. #3
    AgX
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    Quote Originally Posted by BrianShaw View Post
    Don't you mean, do you file a copyright registration..? Or do you mean, do you put a copuyright marking on your images? The copyright itself is inherent in the creation of the image.
    Not quite:
    Varying between nations there are two legal approaches to that matter. One places emphasis on the creator and grants him automatically right on his creation and considers the interest of society second. The other approach puts society first and urges the creator to explicitely claim his right. Until 1989 the USA stuck to the second approach.
    Last edited by AgX; 05-14-2014 at 11:01 AM. Click to view previous post history.

  4. #4

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    hi brian

    i mean do you REGISTER the work with whichever governing body handles owner/creator registration ( LOC/copyright office here in the states).
    yes, while it is inherent in creation of the image, unless it is registered there is no real point in putting the ©
    and the name next to it, seeing if someone grabs it, and uses it the creator won't have a leg to stand on if he/she try to
    bring the pirate to court for damages ... since ownership is so murky &c lawyers won't take cases and judges won't hear cases
    of infringement if the alleged owner doesn't have a registration .. it ends up like a he-said / she-said argument
    with the true owner ends up, well, without damages, and wondering why he/she didn't pay the $35 dollars to register the images.

    john

  5. #5
    AgX
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    Quote Originally Posted by jnanian View Post
    yes, while it is inherent in creation of the image, unless it is registered ...the creator won't have a leg to stand on...
    see post #2.

  6. #6

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    If you are going to include the negative, you should scratch a big X from end to end on it to cancel it, just as a printer cancels a printing plate.

    I'm not sure what country you are in, but in the US, signing and dating the work copyrights it. I'm sure every country has their own ideas on this. Actually, you do not even need to sign the piece, but I certainly recommend doing so. The following link is for a painting, but the same applies to any created piece of imagery.

    http://painting.about.com/cs/artists...yrightfaq2.htm
    Last edited by momus; 05-14-2014 at 11:08 AM. Click to view previous post history.

  7. #7

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    Quote Originally Posted by AgX View Post
    Not quite:
    Varying between nations there are two legal approaches to that matter. One places emphasis on the creator and grants him automatically right on his creation and considers the interest of society second. The other approach puts society first and urges the creator to explicitely claim his right. Until 1989 the USA stuck to the second approach.
    I was speaking from a self-centered viewpoint as a citizen of USA. Thanks for addressing the rest of the world.

  8. #8
    Ian Grant's Avatar
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    I have automatic copyright in the UK/EU on any images I take for myself, commissioned work for individuals or companies is usually joint copyright but then I don't have a right to use or sell the images to anyone else. If commissioned or sponsored to produce new work of my own I retain the right to use the work in any way I wish and the commissioner/sponsor will have a right as per the terms of the agreement for non commercial use.

    I have had to threaten legal action on more than one occasion where images have been used without permission, but things were settled amicably. I had 2 images used for CD covers and a number used on websites.

    Ian

  9. #9

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    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

  10. #10

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    Art, or commercial? What reproduction/usage rights went with it?

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