Copyright Information

[James Shadle]

What is a copyright?
Copyright is a form of protection provided by the laws of the United States,
to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.

What does a copyright protect?
Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyright-able works include the following categories:
Literary works; musical works, including any accompanying words, dramatic work'
including any accompanying music,pantomimes and choreographic works, pictorial,
graphic, and sculptural works, motion pictures and other audiovisual works, sounding recordings, architectural works.
These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."


How is a copyright secured?
The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. Copyright is secured automatically when the work is created.

Does my image need a copyright notice?
The use of a copyright notice is no longer required under U.S. law
If you still want a notice for visually perceptible copies it should contain the following elements.
The symbol © (the letter C in a circle), or the word "Copyright," or the abbreviation "Copr.".
The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner. Example: © 2006 John Doe
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[Roger Clark]

I would suggest that for online images people put their web site or other info on the image along with the copyright so people may contact you. Images are often stolen off of web sites. I have had numerous cases of people stealing my images and posting them on other sites, even entering them in contests with my copyright still on them! Sometimes they try and cover them up with something else on a web site, but you often still see the copyright before the next image is loaded to cover it up. In these cases, people have contacted me to alert me to the problem, which I have gotten corrected pretty quickly. In a few cases web sites did not respond, so I send them an invoice for use of the image (at "unauthorized" fees). That has gotten quick response with apologies!

Roger Clark
http://www.clarkvision.com (more than 1.7 million hits per month)

[James Shadle]

Rodger,
I too have had images used without authorization. I'm sure I could not say numerous however.
At BPN the only text we allow on a posted image is a discreet copyright. The word copyright can be spelled out or the symbol for copyright can be used along with the date a authors name.

A cleaver thief with just clone the text out anyway.

We have room for signatures and self promotion in the thread frame.
If we don't have some regulation on this subject, we could wind up with billboards instead of images to critique.

Thanks for the input.

James

[Alfred Forns]

Good clarification James !!!!

btw for the copyright, short of placing your name all across the image like some software vendors do with trial versions, there is not much you can do to protect the image As James pointed out just cloning the name is easy. A discrete copyright is the thing to do.

[Roger Clark]

I meant one one's own web pages, not here, where the general public can't see images.
If course people can clone out the copyright. The other thing I do is use long file names.
I occasionally do a google search to look for unauthorized use, and have found a couple
(they didn't change the file name but did clone/crop out the copyright). I've seen
more people cropping out the copyright than cloning. Perhaps fewer people know about
cloning. I really don't worry about theft as I know it will happen, and they are only
small low res images.
Roger

[Kevin Hall]

Put it on there, because when they remove it that is an automatic fine of $2,500 to $25,000 in addition to attorneys fees, so says the DMCA.

[Erik Hagstrom]

This may have been covered somewhere else, but any quick and easy ways to add the copyright on an image? I am thinking of some kind of PS macro.

[Jim Poor]

There are PS actions that will do it. You can also create a copyright brush to basically "stamp" your copyright.

Yes, anyone who really wants to can clone out whatever copyright you put on your image. However, if they do, then you have even more recourse under the law because there is new legislation (I think as part of the MCA) that provides stiffer penalties for someone who willfully altered copyright information as opposed to someone who "just didn't know."

[Michael Pancier]

registering your images with the Library of Congress will provide an advantage if you have to sue:

1) registration is prima facie proof of ownership and the burden is on the violator to prove otherwise
2) you are entitled to statutory monetary penalties against them
3) they have to pay your fees and costs

just a thought ....:D

[Blake Shadle]

2) you are entitled to statutory monetary penalties against them


That works for me!

[James Shadle]

This may have been covered somewhere else, but any quick and easy ways to add the copyright on an image? I am thinking of some kind of PS macro.

Yes there is!

Select the custom shape tool on the tool palette.
Then select the copyright symbol from the drop down box at the top.
Size to taste.

James

[Doug West]

....Or use Breezebrowser Pro to add the copyright automatically.

Doug

[Ken Kovak]

Another alternative, at least on Windows machines, is to uses Text on your image. Simultaneously hold down Ctrl-Alt and type 0169 on the keyboard number pad. That will result in the copyright symbol © .

Ken

[Erik Hagstrom]

RE: quick and easy copyright insertion...so many options!! Thanks guys.

[Chris Ober]

Registering with the LOC has gotten easier. They offer electronic submissions and you can just upload instead of having to send media. It's still in Beta and it says limited number of participants but I was able to sign up without any problems.

http://www.copyright.gov/eco/