RetouchPRO

Go Back   RetouchPRO > Business > Legal Issues
Register Blogs FAQ Site Nav Search Today's Posts Mark Forums Read


Legal Issues Copyright, releases, likeness rights, licenses, etc.
NOT a replacement for professional council

If copyright is in question...

Reply
 
Thread Tools
  #1  
Old 08-28-2007, 10:23 AM
grafx's Avatar
grafx grafx is offline
Senior Member
 
Join Date: Apr 2003
Location: Northeast Florida
Posts: 229
If copyright is in question...

Hello,

If you do not know who the photographer of an image is, and the client wishing you to do a retouch/restoration is unsure, can you remove legal blame from yourself by having the client sign a waiver stating that they accept any and all legal fallout if a copyright issue arises?

What do you think?
Reply With Quote top
  #2  
Old 08-28-2007, 10:49 AM
grafx's Avatar
grafx grafx is offline
Senior Member
 
Join Date: Apr 2003
Location: Northeast Florida
Posts: 229
Re: If copyright is in question...

I found this disclaimer, but doesn't a photo still hold a copyright even without the © symbol? I think I posted similar like 3 years ago, but the thread went elsewhere and I don't think there was an answer.

Duplication of copyrighted images without express consent from the copyright-holder is illegal. Photos taken by a professional photographer, such as family or school portraits, are often copyrighted.

If your original image has a copyright symbol, it is your responsibility to obtain a Release Waiver signed by the copyright holder allowing the original to be reproduced. The Release Waiver must accompany any copyrighted original that you send. If the copyright holder is either no longer in business or cannot be located, please provide your signed statement indicating that you are unable to locate the copyright holder and that you will be solely responsible for the images to be reproduced. SIP will not be held responsible for copyright infringement.
Reply With Quote top
  #3  
Old 08-28-2007, 08:38 PM
Photo678's Avatar
Photo678 Photo678 is offline
Senior Member
 
Join Date: May 2004
Posts: 328
Re: If copyright is in question...

Quote:
Originally Posted by grafx View Post
Hello,

If you do not know who the photographer of an image is, and the client wishing you to do a retouch/restoration is unsure, can you remove legal blame from yourself by having the client sign a waiver stating that they accept any and all legal fallout if a copyright issue arises?

What do you think?
depends how old the image is.....but no, not knowing who the photographer is, is not grounds for being innocent in CI.

there is almost always a way to find out who the photographer is for any modern image.....was it for a wedding, school, a random candid?

photographs are copyrighted the minute the shutter is pressed....it does not need to be registered with the copyright office until it is first published.
Reply With Quote top
  #4  
Old 08-29-2007, 01:20 AM
Doug Nelson's Avatar
Doug Nelson Doug Nelson is offline
Janitor
 
Join Date: Aug 2001
Posts: 7,068
Blog Entries: 21
Re: If copyright is in question...

The only way is if the client will sign that they are the copyright owner, or have obtained permission. But even that isn't 100% protection for you.

This is why many places refuse "professional-looking" images, even if the client says they own the copyright.
Reply With Quote top
  #5  
Old 08-30-2007, 07:33 AM
PeteyB PeteyB is offline
Member
 
Join Date: Apr 2006
Location: Pennsylvania
Posts: 67
Re: If copyright is in question...

Hi

When the owner of the copyright cannot be located, the copyrighted material is called an "Orphan Works". There is legislation pending about this issue and many photographers find this legislation controversial.

http://www.peachpitcommons.com/?p=741



Pete
Reply With Quote top
Reply

  RetouchPRO > Business > Legal Issues


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Copyright Question - OLD photo bp1 Legal Issues 9 05-18-2007 01:59 PM
Question regarding copyright issue. Nanls Legal Issues 5 11-16-2006 05:04 PM
Copyright question KevinBE Legal Issues 6 02-09-2003 04:12 AM
Another interesting Copyright question TheTexan Legal Issues 4 09-03-2002 08:14 PM
Copyright question Ed_L Website Feedback 9 08-13-2001 09:55 PM


All times are GMT -6. The time now is 12:53 PM.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
SEO by vBSEO ©2011, Crawlability, Inc.
Copyright © 2016 Doug Nelson. All Rights Reserved