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) ?
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 11:12 AM. Click to view previous post history.
Reason: sorry for the confusion
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.
Originally Posted by BrianShaw
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 10:01 AM. Click to view previous post history.
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.
see post #2.
Originally Posted by jnanian
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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.
Last edited by momus; 05-14-2014 at 10:08 AM. Click to view previous post history.
I was speaking from a self-centered viewpoint as a citizen of USA. Thanks for addressing the rest of the world.
Originally Posted by AgX
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, 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 ?
Art, or commercial? What reproduction/usage rights went with it?