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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2. Copyright Basics for Photography
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3. Copyright Basics for Photography
Presented by:
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4. Copyright Basics for Photography
Presented by:
Jayne Hunter
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5. Copyright Basics for Photography
Presented by:
Jayne Hunter
www.mcguirewoods.com
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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14. What copyright protects
• It protects the expression of an idea, not the idea
itself
Examples
– Harry Potter
– Gone With the Wind
– Amistad
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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
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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
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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.
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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
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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
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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. 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.
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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.
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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
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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
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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)
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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.
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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.
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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.
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