Legal copyright procedure?
November 18, 2013 4:19 AM Subscribe
How does someone get a copyright to a photograph they have taken?
I see photographs on blogs that have the © symbol on them. Can anyone add that symbol to a photograph or artwork and claim they own the copyright to that image? I thought you need to file paperwork and pay a fee to the copyright office?
I see photographs on blogs that have the © symbol on them. Can anyone add that symbol to a photograph or artwork and claim they own the copyright to that image? I thought you need to file paperwork and pay a fee to the copyright office?
Best answer: In the US copyright is "automatic" with no need to register, but doing so does provide some benefits. "Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device." The copyright symbol is generally no longer necessary (PDF).
posted by exogenous at 4:34 AM on November 18, 2013 [3 favorites]
posted by exogenous at 4:34 AM on November 18, 2013 [3 favorites]
Hm. I want to give you the "YOU DONT NEED IT!" answer which is painfully obvious. Photographers own their photos, period. Where things get complicated, especially if you are involved in a non-news, commercial enterprise, is that your subjects also have rights too. That's it, really. Nobody can just take your photo.
But maybe there's some detail I'm missing. Maybe it's easier to enforce the copyright of a photo in other countries if you declare it. Then again... I'm not entirely sure how enforcing a copyright in another country works.. yeesh!
Oh, and you might want to send some examples. I'm not sure if you are talking about a "photo credit." Like for example if a blog photo has been purchased from AP or Getty. Or if in a magazine it says, "Story by.." followed by "Photographs by.." That's usually the result of a contract, not the result of filing a copyright claim.
posted by phaedon at 7:46 AM on November 18, 2013
But maybe there's some detail I'm missing. Maybe it's easier to enforce the copyright of a photo in other countries if you declare it. Then again... I'm not entirely sure how enforcing a copyright in another country works.. yeesh!
Oh, and you might want to send some examples. I'm not sure if you are talking about a "photo credit." Like for example if a blog photo has been purchased from AP or Getty. Or if in a magazine it says, "Story by.." followed by "Photographs by.." That's usually the result of a contract, not the result of filing a copyright claim.
posted by phaedon at 7:46 AM on November 18, 2013
Can anyone add that symbol to a photograph or artwork and claim they own the copyright to that image?
Of course. -- answer provided by the Pumpkin King.
Despite my having written that I am, in fact, not the Pumpkin King. But it didn't stop me from writing it. People can assert a copyright claim all they want. It doesn't make it true and when it is true it's not required in any way, shape, or form - as exogenous says, copyright attaches automatically.
It may serve a PRACTICAL purpose and let viewers know that this person sharing the photograph cares about their photo control. Just as anyone can assert copyright regardless of truth, anyone can grab a photo and use it without permission. They shouldn't, because it's jerky, and they may find themselves dealing with the negative repercussions of their violation. But they can do it.
The Photo Attorney writes about this stuff in articles ranging from the esoteric to the very practical. Look down the sidebar or search for her writings about "important articles" which cover what to do when someone violates your copyright and what your various obligations and actions are/can be. A few minutes with a few of those and I think you'll have a good grasp of the reality of the situation.
posted by phearlez at 8:23 AM on November 18, 2013
Of course. -- answer provided by the Pumpkin King.
Despite my having written that I am, in fact, not the Pumpkin King. But it didn't stop me from writing it. People can assert a copyright claim all they want. It doesn't make it true and when it is true it's not required in any way, shape, or form - as exogenous says, copyright attaches automatically.
It may serve a PRACTICAL purpose and let viewers know that this person sharing the photograph cares about their photo control. Just as anyone can assert copyright regardless of truth, anyone can grab a photo and use it without permission. They shouldn't, because it's jerky, and they may find themselves dealing with the negative repercussions of their violation. But they can do it.
The Photo Attorney writes about this stuff in articles ranging from the esoteric to the very practical. Look down the sidebar or search for her writings about "important articles" which cover what to do when someone violates your copyright and what your various obligations and actions are/can be. A few minutes with a few of those and I think you'll have a good grasp of the reality of the situation.
posted by phearlez at 8:23 AM on November 18, 2013
The © symbol is not regulated in the US, and anyone can use to provide notice of a claim of ownership over the image.
The TM symbol is also not regulated.
The ® symbol may only be used if the trademark has been registered with the USPTO.
posted by melissasaurus at 10:43 AM on November 18, 2013
The TM symbol is also not regulated.
The ® symbol may only be used if the trademark has been registered with the USPTO.
posted by melissasaurus at 10:43 AM on November 18, 2013
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posted by instamatic at 4:31 AM on November 18, 2013