1
CONFIDENTIAL
Copyright Basics for Photography



                               1
                               CONFIDENTIAL
Copyright Basics for Photography

             Presented by:



                               1
                         ...
Copyright Basics for Photography

             Presented by:
             Jayne Hunter


                               1
...
Copyright Basics for Photography

              Presented by:
              Jayne Hunter
          www.mcguirewoods.com

 ...
Copyright quiz – True or False?
• Copyright law protects names and images.
• Copyright protection is in the US Constitutio...
Copyright Quiz
• If something based on another work doesn’t make
  you any money, you haven’t infringed any
  copyright.
•...
Copyright Quiz
• Fair use means you can copy something as long as
  you cite the source.
• If it is on the Internet, it’s ...
Intellectual Property
• Copyright – protects original works of authorship
• Trademark – protects words, symbols and slogan...
Nature of Copyright
• Arises “from the creation” of a work. No action is
  required for copyright to exist in a work (alth...
What is original?

• Original means – not copied from elsewhere. It
  must have been created by the author
• Original does...
What copyright protects
•   Literary works (includes software!)
•   Music (sheet music, sound recordings, lyrics)
•   Dram...
What copyright protects
• Copyright protection includes compilations and
  derivative works
• A derivative work is any wor...
What copyright protects
• It protects the expression of an idea, not the idea
  itself
   Examples
   – Harry Potter
   – ...
What copyright protects
• The copyright owner has the exclusive right to:
•    Copy (reproduce in any fashion)
•    Prepar...
Copyright Infringement
• Infringement occurs when someone exercises any of the
  exclusive rights of the copyright owner w...
ILLEGAL V. OBJECTIONABLE
• The dispositive factor is NOT whether the use is
  commercial or not. If you copy it, you infri...
Fair Use
• It’s not what seems fair to you!
• Statute says you can reproduce for the purposes of :
  Criticism
  Comment
 ...
Photographing People
• There are instances where you can take photos of
  people in public and not seek their permission. ...
Photographing people continued
• The more newsworthy the event, the more
  protection you will have to freely photograph
 ...
Photographing people continued
• Famous people and public figures are considered
  to have a lesser right to privacy, so p...
Photographing people
continued
• If you use a model, be sure to seek a release as
  they are not in a public place and are...
Photographing buildings and places
• If a building, monument or work of art is available
  for the public to view as part ...
Urban Legends
• Changing it by some percentage avoids copyright –FALSE
• Poor man’s copyright – mailing it back to yoursel...
Copyright Notice
• Notice is not required, but it is a good idea
• Notice eliminates a potential infringers from using
  a...
Copyright Notice
•   PROPER NOTICE
•   © Jayne Hunter 2007
•   Copr. Jayne Hunter 2007
•   Copyright Jayne Hunter 2007
•  ...
Registration
• Cheap and easy, you fill out a form and send in $40. See
  www.copyright.gov.
• Benefits
   – Standing to s...
Websites/resources
• Copyright.gov – The Copyright Office website is a
  great source of information, well written with lo...
THE END
                                                                 Business Department
                            C...
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McGuire Woods: Copyright Basics For Photography

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Jayne Hunter from Charlotte's McGuide Woods gave us a presentation on Copyright Basics for Photography. With her permission we are able to show you all what went on. This is not considered council please see a qualified representative to discuss your needs & options.

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  • McGuire Woods: Copyright Basics For Photography

    1. 1. 1 CONFIDENTIAL
    2. 2. Copyright Basics for Photography 1 CONFIDENTIAL
    3. 3. Copyright Basics for Photography Presented by: 1 CONFIDENTIAL
    4. 4. Copyright Basics for Photography Presented by: Jayne Hunter 1 CONFIDENTIAL
    5. 5. Copyright Basics for Photography Presented by: Jayne Hunter www.mcguirewoods.com 1 CONFIDENTIAL
    6. 6. Copyright quiz – True or False? • Copyright law protects names and images. • Copyright protection is in the US Constitution. • You can use a photograph taken by someone else, Photoshop it, and claim it as your own. • You have to have your copyright registered to use the © symbol. 2 CONFIDENTIAL
    7. 7. Copyright Quiz • If something based on another work doesn’t make you any money, you haven’t infringed any copyright. • If you change 30% of a work, you can avoid copyright infringement. • If you mail a copy of your work to yourself, it provides you with copyright protection. 3 CONFIDENTIAL
    8. 8. Copyright Quiz • Fair use means you can copy something as long as you cite the source. • If it is on the Internet, it’s fair game because it is in the public domain. • Copyright registration is expensive and complicated, and generally not worth the trouble in the long run. 4 CONFIDENTIAL
    9. 9. Intellectual Property • Copyright – protects original works of authorship • Trademark – protects words, symbols and slogans that identify the source of products • Patents – protects inventions (useful articles) • Trade secrets – state laws that can protect secrets treated as required by statute 5 CONFIDENTIAL
    10. 10. Nature of Copyright • Arises “from the creation” of a work. No action is required for copyright to exist in a work (although it is advisable to take steps to protect and defend your copyright) • Statutory (i.e. legislative), federal, constitutional • Protects original works of authorship in tangible form 6 CONFIDENTIAL
    11. 11. What is original? • Original means – not copied from elsewhere. It must have been created by the author • Original doesn’t necessarily mean particularly unique. It can be pretty thin, such as the arrangement of something. Further, independent creation is a defense to copyright infringement. 7 CONFIDENTIAL
    12. 12. What copyright protects • Literary works (includes software!) • Music (sheet music, sound recordings, lyrics) • Dramatic works/pantomimes • Pictorial, graphic and sculptural works • Motion picture and audiovisual works • Sound recordings • Architectural works 8 CONFIDENTIAL
    13. 13. What copyright protects • Copyright protection includes compilations and derivative works • A derivative work is any work that arises from another as its source, such as a motion picture made based on a book, or a painting made from a photograph 9 CONFIDENTIAL
    14. 14. What copyright protects • It protects the expression of an idea, not the idea itself Examples – Harry Potter – Gone With the Wind – Amistad 10 CONFIDENTIAL
    15. 15. What copyright protects • The copyright owner has the exclusive right to: • Copy (reproduce in any fashion) • Prepare derivative works • Distribute • Publicly perform • Publicly display 11 CONFIDENTIAL
    16. 16. Copyright Infringement • Infringement occurs when someone exercises any of the exclusive rights of the copyright owner without permission • COPYING IS THE BIG ISSUE • Copying will be inferred if it can be proven that the infringer had access to the work and the works in question are substantially similar • Copyright is generally a civil action (a lawsuit between two private parties) but large scale infringements (think piracy) can be criminal as well 12 CONFIDENTIAL
    17. 17. ILLEGAL V. OBJECTIONABLE • The dispositive factor is NOT whether the use is commercial or not. If you copy it, you infringe. Whether it is commercial (or makes money) or not may determine whether the copyright owner is likely to raise the objection, but not whether infringement has occurred. 13 CONFIDENTIAL
    18. 18. Fair Use • It’s not what seems fair to you! • Statute says you can reproduce for the purposes of : Criticism Comment News reporting Teaching Scholarship Research 14 CONFIDENTIAL
    19. 19. Photographing People • There are instances where you can take photos of people in public and not seek their permission. For example, if they are in public and you do not use the photograph for a commercial purpose (meaning for an advertisement) and the photograph does not put the person in a “false light.” – note - NC does not have statutory prohibition against claims of defamation by false light, but it is likely that they could find invasion of privacy 15 CONFIDENTIAL
    20. 20. Photographing people continued • The more newsworthy the event, the more protection you will have to freely photograph people. • However, keep in mind that people’s images are very personal. While they might not be able to prevail in a suit against you, if you want to avoid trouble for sure, seek a release. • I would particularly recommend always seeking a 16 release for the use of children. CONFIDENTIAL
    21. 21. Photographing people continued • Famous people and public figures are considered to have a lesser right to privacy, so photos of them, depending on the circumstances, will rarely require a release. Be especially mindful of accuracy of the depiction though, as they may be able to exercise jurisdiction for depicting them in a false light. Famous people also often have money to proceed against you. 17 CONFIDENTIAL
    22. 22. Photographing people continued • If you use a model, be sure to seek a release as they are not in a public place and are making themselves available to be in the photograph. They don’t have to be paid to require a release. 18 CONFIDENTIAL
    23. 23. Photographing buildings and places • If a building, monument or work of art is available for the public to view as part of the landscape, you may photograph it unless it says otherwise. • Assume artwork displayed inside is off-limits without permission. • Rights to photograph artwork such as sculpture that is on private property but visible from the street may have several factors to consider. 19 CONFIDENTIAL
    24. 24. Urban Legends • Changing it by some percentage avoids copyright –FALSE • Poor man’s copyright – mailing it back to yourself may prove the work was in existence prior to another work, but it is not a viable substitute for copyright registration. Copyright registration is only $40, so how poor does this poor man have to be? • Anything on the Internet is public domain – FALSE • If there is no copyright notice, there’s no copyright. – FALSE 20 CONFIDENTIAL
    25. 25. Copyright Notice • Notice is not required, but it is a good idea • Notice eliminates a potential infringers from using an “innocent infringer” defense which keeps you from getting damages (limits you to injunction) • You do not have to have registered your copyright to use notice (unlike trademark and copyright) 21 CONFIDENTIAL
    26. 26. Copyright Notice • PROPER NOTICE • © Jayne Hunter 2007 • Copr. Jayne Hunter 2007 • Copyright Jayne Hunter 2007 • You do not have to use “All rights reserved.” but if it makes you happy, use it. 22 CONFIDENTIAL
    27. 27. Registration • Cheap and easy, you fill out a form and send in $40. See www.copyright.gov. • Benefits – Standing to sue – Attorneys fees and statutory damages (ie damages you don’t have to prove) are available if you register within three months or before the infringement occurs • You can register a compilation. See the compilation requirements. 23 CONFIDENTIAL
    28. 28. Websites/resources • Copyright.gov – The Copyright Office website is a great source of information, well written with lots of basic stuff • Copyrightkids.org – This website is full of great information in a short form • Beware – of any copyright information that does not come from a copyright or intellectual property attorney. Even books for artists and marketing people are often incorrect. 24 CONFIDENTIAL
    29. 29. THE END Business Department Capital Markets | Energy & Utilities | Health Care | International | Land Use & Environmental Mergers & Acquisitions, Securities & Corporate Services | Real Estate Transactions | Tax & Employee Benefits | Technology & Business Litigation Department Antitrust & Trade Regulation | Business & Securities Litigation | Complex Commercial Litigation | Financial Services Litigation | Government Investigations IP Litigation/Patents | Labor & Employment | Product & Consumer Litigation | Restructuring & Insolvency | Toxic Torts & Environmental Litigation ATLANTA • BALTIMORE • CHARLOTTE • CHARLOTTESVILLE • CHICAGO • JACKSONVILLE • LOS ANGELES NEW YORK • NORFOLK • PITTSBURGH • RALEIGH • RICHMOND • TYSONS CORNER • WASHINGTON, D.C. • WILMINGTON ALMATY, KAZAKHSTAN | BRUSSELS, BELGIUM | LONDON, UNITED KINGDOM www.mcguirewoods.com © 2009 McGuireWoods LLP 25 CONFIDENTIAL

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