Announcement

Collapse
No announcement yet.

If copyright is in question...

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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?

  • #2
    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.

    Comment


    • #3
      Re: If copyright is in question...

      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.

      Comment


      • #4
        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.
        Learn by teaching
        Take responsibility for learning

        Comment


        • #5
          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

          Comment

          Related Topics

          Collapse

          • Jim Conway
            Answering my own question!
            by Jim Conway
            Jak - I found this bit of information that explains WM's position ...PPA can't give anyone copy authorization - only point them in the direction of the copyright owner.


            Retailers Get Copyright Reminder Before Holiday Rush

            As retailers ramp up for the holidays,...
            06-20-2003, 04:49 PM
          • darylbubba
            Is copyright expensive-can I fake it on my photos
            by darylbubba
            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,...
            11-30-2010, 07:21 PM
          • TheTexan
            Another interesting Copyright question
            by TheTexan
            Now that we have thoroughly reviewed our copyright rules here is one we havent been over.

            Let's say you restore an antique photo that is out of its copyright. To whom did the copyright revert. Does the copyright renew itself in the name of the estate of the owner? (I dont think so)....
            09-03-2002, 04:41 PM
          • Crissyanon
            Poor Mans Copyright
            by Crissyanon
            Has any one heard of a poor mans copyright? Some one told me I could put my images on a cd and send it certified mail back to myself. I was told not to open it and put it away that way if anyone were to use the images I could use this in court. Not sure how true it is???? I always add the copyright...
            07-24-2011, 05:50 PM
          • Doug Nelson
            Copyright Powerpoint presentation
            by Doug Nelson
            There should be PPT viewers for your browser

            http://www.pacaoffice.org/copyrightPresentation.shtml

            (via PhotoAttorney)
            10-18-2007, 10:52 AM
          Working...
          X