ChromaticSoul :: The Blog

Posts Tagged ‘copyright

Some answers to some very good questions about copyright.

What is copyright? Despite numerous articles spread across the internet, discussion in books, on TV and in magazines some people still do not seem to understand copyright. So in a non-legalistic jargon free way I am going to explain it again – because judging by how many pictures get stolen many people still do not seem to get it.

  • How do you get copyright?
  • What does having copyright mean?
  • What is the difference between copyright and plagiarism
  • Exceptions
  • The consequences [via Beyond the Obvious]

Read the rest of the article and find answers to these questions.

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The Associated Press says it believes the photo that inspired artist Shepard Fairey’s celebrated “Hope” poster of Barack Obama is AP property, and Fairey is guilty of infringement. The AP is in talks with Fairey’s attorney.

“The Associated Press has determined that the photograph used in the poster is an AP photo and that its use required permission,” AP spokesperson Paul Colford said in a written statement issued February 4. “AP safeguards its assets and looks at these events on a case-by-case basis. We have reached out to Mr. Fairey’s attorney and are in discussions. We hope for an amicable solution.”

Earlier this year, bloggers identified the source photograph as an AP photo shot by photographer Mannie Garcia in 2006. Garcia is no longer with the AP. [via PDN]

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Phosita explains this very succintly and very clearly.

Considering how complex intellectual property law can be, it is understandable that many people – including authors, journalists, biz and tech bloggers, tweeple, etc. – confuse the terms and oftentimes speak/write of “patenting a book” or “copywriting a new gadget”.  I also receive a large number of requests asking for advice on how to “copyright an idea” – so, I thought it would be helpful to lay out a short and concise explanation of each area of intellectual property law. [via Phosita]

A must read for anyone considering protecting their intellectual property.

You’re a photographer, not a lawyer, why should you care about Copyright? If you’ve ever taken a picture in your life, you own a copyright! Every time you snap the shutter on your camera, you create a photograph (called a “work” by the Copyright Act) which is immediately protected by copyright. It doesn’t matter if you’re a professional who takes an hour to set up the perfect shot or if you’ve simply taken a quick snapshot with a disposable camera, your photo is protected by copyright. [via HyperPhocal]

To find out the why’s and how come’s, click here.

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Copyrights, model releases and shooting in public. These topics have all been in the news of late and is it any wonder why? Since 911 and the advent of Homeland Security photographers are facing the need to jump through more and more hoops to get their jobs accomplished.

Recently Scott Kelby had the good pleasure to talk candidly with attorney Ed Greenberg on these very topics. Fortunately for us, Scott had recorded these interviews and made them available via his blog, The Photoshop Insider. This is a must read for all photographers (business or pleasure). It’s a two-part series so be sure to watch both parts.

Additionally you may want to check out Ed’s Top Ten List:

My Top 10 list of things experienced photographers insist upon doing (or not), despite logic, law, money, advice and screaming…

The Photo Attorney has information on how to get the job done correctly:

It is dangerous to register your copyrights incorrectly. The first thing that an infringer will do is to attempt to invalidate your registration. You might as well keep your $45/$35 and spend your time shooting if you’re not going to take the time to register your photos correctly.

You must separate your registrations by published and unpublished photos. According to the US Copyright Office, for your unpublished photos, you may register them by collections:

Click here to read the rest of the article.

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Here’s another great link to an article that provides advice on registering your online content:

If you haven’t registered your online content, then you cannot take advantage of special statutory provisions of U.S. copyright law. You will not get your attorneys’ fees paid and you cannot get statutory (i.e., presumptive monetary) damages. If you want to know more about how the U.S. law favors registration and why it’s important to register your copyright even if you can’t see yourself ever filing a copyright lawsuit, please read my prior post on registration.

When discussing registration of your online works, this article assumes that the content on your website qualifies for copyright protection. Whether something is eligible for copyright is beyond the scope of this article. But if you have questions, consult my prior posts, the U.S. Copyright Office, and Stanford University’s Copyright Page. [via SEOmoz]

Click here to read the step-by-step instructions.

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