Legal Issues in Photography: Protect your bundle. Katherine L. Sunstrom, Sunstrom Law Christine Tremoulet, Destination Wedding and Intimate Boudoir Photographer The text of this work is licensed under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-sa/3.0/us / Christine Tremoulet’s images are licensed under the Creative Commons Attribution-Noncommercial-No Derivatives 3.0 Unite States License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-nd/2.0/deed.en

What is Copyrightable* Subject Matter? Original Fixed in a tangible medium *legal term, wrong meaning.

Original

Fixed in a tangible medium

*legal term, wrong meaning.

What are my rights in my photograph? Copy Distribute Display Make derivatives Each is a stick in your bundle of rights.

Copy

Distribute

Display

Make derivatives

Each is a stick in your bundle of rights.

It is your bundle. You can give away sticks from your bundle. License people to copy and distribute. Can hold back the right to make $ from images. Can require that you are the source of prints.

You can give away sticks from your bundle.

License people to copy and distribute.

Can hold back the right to make $ from images.

Can require that you are the source of prints.

Protect your bundle. Copyright provision in contracts Useful licensing tools: creativecommons.org Registrations Copyright notices on distributed and digital images Take-down notice

Copyright provision in contracts

Useful licensing tools: creativecommons.org

Registrations

Copyright notices on

distributed and digital images

Take-down notice

Build in bundle protection, but share. Creative commons licenses Attribution Non-commercial No derivatives Share Alike

Creative commons licenses

Attribution

Non-commercial

No derivatives

Share Alike

Protect your bundle with a registration. Copyright.gov Form VA (visual works) $45- snail mail Form CO (all works) $35- electronic filing Constructive Notice More statutory protection Within 3 months of “publication”

Copyright.gov

Form VA (visual works) $45- snail mail

Form CO (all works) $35- electronic filing

Constructive Notice

More statutory protection

Within 3 months of “publication”

Tell people how to treat your bundle. Copyright notice Not required Useful to avoid violation Instructive as to what you can do with your photograph Enhanced damages- willfulness

Copyright notice

Not required

Useful to avoid violation

Instructive as to what you can do with your photograph

Enhanced damages- willfulness

Awesome example from Derek Powazek. Derek has a great tutorial on how to size your images and put them on your page so that this shows up in the raw image if someone was to try and grab it. See his post at http://powazek.com/posts/867

Dispel the myths about copyright. People will respect your bundle Mail it to yourself Copyright notices are offensive Desire not to offend the public outweighs protecting your rights Photographing a painting or other visual work circumvents copyright laws Making a painting or drawing from a photo circumvents copyright laws

People will respect your bundle

Mail it to yourself

Copyright notices are offensive

Desire not to offend the public outweighs protecting your rights

Photographing a painting or other visual work circumvents copyright laws

Making a painting or drawing from a photo circumvents copyright laws

Stop digital thieves. DMCA takedown notices. How to find and deal with infringers: http://www.marketingdock.com/copyrights/dealing-with-copyright-infringement.php http://www.copyscape.com/ http://www.plagiarismtoday.com/ Google image search.

DMCA takedown notices.

How to find and deal with infringers:

http://www.marketingdock.com/copyrights/dealing-with-copyright-infringement.php

http://www.copyscape.com/

http://www.plagiarismtoday.com/

Google image search.

Resources. Copyright.gov Compfight.com- CC image search engine Ccpics.com- collection of CC licensed images Creativecommons.org Photographers’ Rights: http://www.krages.com/phoright.htm Legal Handbook for Photographers http://www.krages.com/lhp.htm How to find and deal with infringers: http://www.marketingdock.com/copyrights/dealing-with-copyright-infringement.php http://www.marketingdock.com/copyrights/dealing-with-copyright-infringement.php http://www.copyscape.com/ http://www.plagiarismtoday.com/ Google image search. Derek Powazek’s copyright notice suggestions: http://powazek.com/posts/867

Copyright.gov

Compfight.com- CC image search engine

Ccpics.com- collection of CC licensed images

Creativecommons.org

Photographers’ Rights:

http://www.krages.com/phoright.htm

Legal Handbook for Photographers

http://www.krages.com/lhp.htm

How to find and deal with infringers:

http://www.marketingdock.com/copyrights/dealing-with-copyright-infringement.php

http://www.marketingdock.com/copyrights/dealing-with-copyright-infringement.php

http://www.copyscape.com/

http://www.plagiarismtoday.com/

Google image search.

Derek Powazek’s copyright notice suggestions:

http://powazek.com/posts/867

Questions? Katherine L. Sunstrom Sunstromlaw.com 713-502-3049 [email_address] Christine Tremoulet Christinetremoulet.com [email_address] *This presentation is available online at http://www.slideshare.net/sunstromlaw/legal-issues-in-photography-presentation

Katherine L. Sunstrom

Sunstromlaw.com

713-502-3049

[email_address]

Christine Tremoulet

Christinetremoulet.com

[email_address]