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Is there a "use of photos" legal notice on jp.net?

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  • kukkudrill
    replied
    Originally posted by Mungous
    So what your saying is that people can actually use Getty Images, Reuters, Corbis' and the thousands of other photos taken every day without permission because those photos aren't registered with the copyright office?
    I never said photos can be used without permission if they are not registered. What I said was that you are less able to protect your rights as a US-based photographer if you do not register your photos. Perhaps a lot of people accept that, rather than go to the expense of registering all the photos they publish. I have no idea what Getty etc do.

    Look, I've given my source. Here it is again:

    http://www.copyright.gov

    If you think I'm wrong, fine. But instead of theorising, how about if you check the source for yourself then tell us what your own interpretation is? It's not too much work is it?

    Leave a comment:


  • Mungous
    replied
    Originally posted by kukkudrill
    ....But the procedure is there, and everything I've read so far indicates that US photographers need it to protect their interests.
    So what your saying is that people can actually use Getty Images, Reuters, Corbis' and the thousands of other photos taken every day without permission because those photos aren't registered with the copyright office?

    "....registration is not a condition of copyright protection."

    There. You are unilaterally wrong

    Leave a comment:


  • MaxPower
    replied
    Originally posted by gdg9
    You're allright!
    Thats okey, Who forgot the "Loosten up" already...??....

    Everybody does the spelling-mistakes.

    Leave a comment:


  • gdg9
    replied
    Originally posted by Top_Gun
    yeah, my spelling sucks, I'll be the first to admit that
    You're allright!

    Leave a comment:


  • kukkudrill
    replied
    Originally posted by brianw999
    the above extract seems to me to say that that registration of copyright is only required to protect a product, or design of something against being copied and / or imported into the US.
    No it's broader than that.

    Registration is not the same as proof of authorship. You could legitimately say that registration is a bureaucratic boondoggle aimed at generating revenue for the US Copyright Office, especially as other countries seem to get along fine without it. But the procedure is there, and everything I've read so far indicates that US photographers need it to protect their interests.

    Leave a comment:


  • brianw999
    replied
    Originally posted by kukkudrill
    Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.
    ( my bold type )

    I'm a Brit so I don't know much about US law, but the above extract seems to me to say that that registration of copyright is only required to protect a product, or design of something against being copied and / or imported into the US.
    A photograph can be easily be proven by the photographer to be their property simply by the fact that they can produce the original in the form of a negative or digital image with EXIF data. Copyright must, in this case, surely be a matter of course ?
    The fact that the picture has been uploaded to JP.net together with the photographers name, either as a watermark or name at the bottom of the picture must surely only reinforce the copyright claim.

    Leave a comment:


  • kukkudrill
    replied
    Eric

    According to section 507 of the law the statute of limitations is 5 years for criminal proceedings and 3 years for civil actions. I have no idea under what circumstances criminal action can be taken against a transgressor of copyright, and how this is initiated. (I'm no lawyer, and even if I were I would hardly be in a position to provide advice on US law. But I'm a big believer in reading laws to see for oneself what they say.)

    Moreover the Copyright Office website lists a number of post-2004 laws which amend the Copyright Act but have not yet been incorporated in its text and you would need to see whether any of these affects section 507.

    Chris K I'm still waiting for you to tell me where I got it "unilaterally" wrong.

    Charles

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  • Top_Gun
    replied
    Originally posted by gdg9
    Loosen up!
    yeah, my spelling sucks, I'll be the first to admit that

    Leave a comment:


  • E-Diddy!
    replied
    Ok, now what I'm wondering is if there's a statute of limitations on the time in which you see an infraction of the work to the time you can claim damages. For example, I see someone using my photo but don't have the resources to take action, when the time comes along will I still be able to take said action?

    Leave a comment:


  • kukkudrill
    replied
    OK, here's a direct quote from the US Copyright Office which is hopefully clear enough. I have highlighted the most relevant bits in bold. Please note it applies to works originating in the US.

    Charles

    COPYRIGHT REGISTRATION

    In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:
    • Registration establishes a public record of the copyright claim.

    • Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.

    • If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.

    • If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

    • Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. For additional information, go to the U.S. Customs and Border Protection website at www.cbp.gov/xp/cgov/import. Click on "Intellectual Property Rights."


    Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.

    Leave a comment:


  • MaxPower
    replied
    Originally posted by kukkudrill
    Please elaborate. Do you mean the US Copyright Office website is wrong, or are you saying I have misunderstood it?
    I dont see why we have to register example my photos before I get my right to drag them into court, also having the court at my side just because they are registered. Are you saying that jetphotos isnt valid enough, thus bypassing the US copyright website or atleast having to register them. ?

    Leave a comment:


  • gdg9
    replied
    Originally posted by bobby
    Wow...

    I think you're just trying to start something/be a smartass, you know what he means.
    Loosen up!

    Leave a comment:


  • bobby
    replied
    Originally posted by gdg9
    How does money get 'loose' anyway? I can lose money, but have yet to figure how to 'loose' it...
    Wow...

    I think you're just trying to start something/be a smartass, you know what he means.

    Leave a comment:


  • gdg9
    replied
    Originally posted by Top_Gun
    Why loose out on money when someone steals pictures from the DB and doesn't offer you payment or even credit for the shot? Sure it's only a hobby, but why not let it open to something more if you get enough demand for your work?
    How does money get 'loose' anyway? I can lose money, but have yet to figure how to 'loose' it...

    Leave a comment:


  • E-Diddy!
    replied
    Alright I just got off the phone with DAC, they were very polite and the issue has been resolved.

    Leave a comment:

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