If copyright is in question...

[grafx]

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?

[grafx]

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.

[Photo678]

Originally Posted by grafx

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.

[Doug Nelson]

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.

[PeteyB]

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