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Is copyright expensive-can I fake it on my photos

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  #1  
Old 11-30-2010, 08:21 PM
darylbubba darylbubba is offline
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Is copyright expensive-can I fake it on my photos

I have 70 years old photo negatives. I make prints and sell them. I do not want other people to copy my prints and sell them. Is copyrighting expensive? Is it worth the time and trouble? Can I affix a copyright symbol to my images even though they have not been registered? If they have a copyright symbol, even though they have not been registered, does it offer any legal protection?
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Old 11-30-2010, 08:36 PM
sirrduke2010 sirrduke2010 is offline
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Re: Is copyright expensive-can I fake it on my pho

http://www.copyright.gov/ is the website to find information and file online copyright information.
Hello here is the copyright info. You can send in all the photographs you have to the US copyright office for $65 or you can do it online for $35. Yes you can affix a copyright symbol without a copyright. The current copyright law states that the person that takes the picture owns the copyright. You don't have to register but if you want to prove ownership and pursue legal action a copyright is essential. Also if you sue you will get your attorney fees back. BUT you must have all your ducks in a row like a proof of income from photography and the photo registered as having a copyright.

The ways to prevent people using your photos other than copyright laws are: file size reduction to 100 kb maximum, install metadata into the file which may be done with certain cameras, and posting the copyright symbol, your name or business name, and the year that the photo was taken. I hope this was helpful.

Mark
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Old 11-30-2010, 08:43 PM
darylbubba darylbubba is offline
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Re: Is copyright expensive-can I fake it on my pho

I did not take these photos. I do have the negatives though. But even if I did not take the photos, when I convert them into a digital file, does this not make them an original work? I have not found any info on the web regarding the scanning of old images to make them an original work.
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Old 11-30-2010, 08:49 PM
sirrduke2010 sirrduke2010 is offline
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Re: Is copyright expensive-can I fake it on my pho

I meant to say a copyright isn't expensive. The reason the copyright symbol, name, and year is good because if the person tries to remove it you can go after them for damages whether you have a copyright or not. Despite misconceptions in the US most copyright infractions never go to court but are settle outside of court.
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Old 11-30-2010, 09:51 PM
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Doug Nelson Doug Nelson is offline
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Re: Is copyright expensive-can I fake it on my pho

If you aren't the photographer, you can't own the copyright (unless the photographer legally transfers it to you). Scanning doesn't affect this. If the images are so old they've fallen into public domain, you can use them, but can't copyright them.
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Old 11-30-2010, 09:54 PM
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mistermonday mistermonday is offline
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Re: Is copyright expensive-can I fake it on my pho

Quote:
Originally Posted by darylbubba View Post
I did not take these photos. I do have the negatives though. But even if I did not take the photos, when I convert them into a digital file, does this not make them an original work? I have not found any info on the web regarding the scanning of old images to make them an original work.
A scan made from a slide or negative is not an original work, it is a reproduction of the original. If you have legal title to the slides, then you are the copyright holder. As Sirduke has written, placing a signature, logo, or name somewhere on your prints will discourage unauthorized reproduction and make thing easier if you ever need to take action against a violator. Placing text on the back of the prints stating that any reproduction is prohibit will also help. As long as you hold title to the original scans I do not think that formal registration is necessary. Demonstrating that you have made reasonable efforts to display on the works, ownership and prohibited reproduction will likely go further in a legal action than actually registering the work.

Regards, Murray
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Old 11-30-2010, 10:26 PM
darylbubba darylbubba is offline
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Re: Is copyright expensive-can I fake it on my pho

Thanks for all your help.
I will put my notice on my prints and be satisfied that processing labs will not touch them. The reason I brought this up is that I just sold a historic image to a guy. I then found an article about him that said that he collects historic images and has been known to make copies for people. What the...
Time to start being careful.
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Old 12-01-2010, 12:11 AM
sirrduke2010 sirrduke2010 is offline
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I didn't see the September entry by darylbubba.

Hello Darylbubba,

I have to agree with Doug Nelson. The person that takes the photograph owns the copyright. Please don't take the images and call them as your own. Thanks.

Best Regards,

Mark
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Old 12-01-2010, 07:07 AM
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Godmother Godmother is offline
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Re: Is copyright expensive-can I fake it on my pho

Quote:
Originally Posted by darylbubba View Post
Thanks for all your help.
I will put my notice on my prints and be satisfied that processing labs will not touch them. The reason I brought this up is that I just sold a historic image to a guy. I then found an article about him that said that he collects historic images and has been known to make copies for people. What the...
Time to start being careful.

Oh my.... you're so on the wrong here....

IF people copy and sell them, they would be doing exactly the same as you.

How is that wrong in your opinion?
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  #10  
Old 12-01-2010, 10:51 AM
darylbubba darylbubba is offline
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Re: Is copyright expensive-can I fake it on my pho

I will agree that legally they are not in the wrong. I am not saying that I would prosecute them for copying my images, since I could not. I am saying that I wish to discourage them.
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