Who Owns that Picture?

[Bob Hubbard]

There is a great deal of misunderstanding over who owns a picture.

The common myth is "It's a picture of me, so I own it.".

Wrong. Unless you took it with your own camera somehow.

The owner of any photo under US Law, is the person who took the photo, ie the photographer unless they are doing a "work for hire" (ie working in a mall studio as an employee) or they have specifically assigned the rights to you.

"But I bought this print, so it's mine. Why can't I make copies of it?"

Because you own the paper, the ink, but not the actual copy-written image that is bears.

"What do you mean copy-written?"

Under US Law, ALL photographs are immediately copy-written to the creator. Added legal protections occur if and when the photographer files the registration paperwork with the government.

So you can't walk into a mall studio, buy a print, then run down to your drug store copy center and knock out lots of cheap copies.

It's also illegal (yes, as in against the law, crime, big fines if caught) to scan that picture in, and spit out even cheaper copies on your 49.99 inkjet. You're unlikely to be caught, but it is still illegal.

In fact, unless you have permission of the rights holder (who is not you), it is illegal to scan that photo in and post it on the internet.

Rare however are the cases where people are fined and convicted over this.

The flip side of this is an equal amount of "handcuffing" of the photographer on what they can legally do with that picture of you, absent a liability waiver and rights agreement, usually called a Model Release. Money has been made by photographic subjects when their likenesses have been used without their permission.

Understand ownership, usage rights, and enjoy.

 

[Bill Mattocks]

It's also illegal (yes, as in against the law, crime, big fines if caught) to scan that picture in, and spit out even cheaper copies on your 49.99 inkjet. You're unlikely to be caught, but it is still illegal.

No one can be arrested or sent to prison for this sort of thing. Sued and taken to the cleaners, yes, absolutely. The same way that music downloaders are being thoroughly plooked by the music industry to downloading music files from sharing sites.

 

[MA-Caver]

Here's a couple of questions Bob...
When pictures ARE posted on the internet... unless they have the photographer's/photo owner's name on it (like yours typically do) doesn't it make it public domain? Or are all the pictures in the thread "Pictures that make you go Hmmm?" illegal?

So however it works... unless the actual photographer or photo owner gives written permission it's illegal to do anything with them, except display the original print given by the photographer/owner.

Seems to be a sticky and like you say rarely is anyone going to wear prison clothes and be behind bars for making copies and doing what you said above.

I did a t-shirt that was a copy of a drawing of a newsletter I used to subscribe to (drawings, paintings, photos are technically the same thing) only whereas the original was in black n white I did the reproduction in full color. I wore the shirt to a national convention and just happened to run into the artist who did the (original design) and she was downright flattered and amazed at how it looked in full color. I asked her about plagiarism and wondered if she had any objections. "Not at all!! The only person who might complain would be my agent!" she said. So while it was not a 100% direct reproduction of her work it was exact in every detail except that it was in color rather in plain black and white.
So basically while I was wearing an illegal piece of art the only way I would've gotten in trouble would be if someone complained/filed charges.

Or is that a totally different animal?

However I DO know that if I made dozens of copies of the same shirt and started selling them then I'm in big trouble. Same with taking a photograph of someone's work and sell it.. no matter how old (the original) is.

 

[JadecloudAlchemist]

Who owns the soul the picture takes?

I smell a horror movie!!

 

[MA-Caver]

Who owns the soul the picture takes?

I smell a horror movie!!

There was a "Kung Fu" (tv) episode about that particular thing... where a young Indian brave was afraid of his soul being trapped in a photo taken by an Andsel Adams type.
But it's jumping off topic.

 

[Bob Hubbard]

Here's a couple of questions Bob...
When pictures ARE posted on the internet... unless they have the photographer's/photo owner's name on it (like yours typically do) doesn't it make it public domain? Or are all the pictures in the thread "Pictures that make you go Hmmm?" illegal?

So however it works... unless the actual photographer or photo owner gives written permission it's illegal to do anything with them, except display the original print given by the photographer/owner.

Seems to be a sticky and like you say rarely is anyone going to wear prison clothes and be behind bars for making copies and doing what you said above.

I did a t-shirt that was a copy of a drawing of a newsletter I used to subscribe to (drawings, paintings, photos are technically the same thing) only whereas the original was in black n white I did the reproduction in full color. I wore the shirt to a national convention and just happened to run into the artist who did the (original design) and she was downright flattered and amazed at how it looked in full color. I asked her about plagiarism and wondered if she had any objections. "Not at all!! The only person who might complain would be my agent!" she said. So while it was not a 100% direct reproduction of her work it was exact in every detail except that it was in color rather in plain black and white.
So basically while I was wearing an illegal piece of art the only way I would've gotten in trouble would be if someone complained/filed charges.

Or is that a totally different animal?

However I DO know that if I made dozens of copies of the same shirt and started selling them then I'm in big trouble. Same with taking a photograph of someone's work and sell it.. no matter how old (the original) is.

Just because the pictures on the internet, doesn't make it public domain, or give anyone permission to use them for anything. Most of the LOLCat stuff for example is unauthorized use for example.

Using your shirt example, as the mark owner I'd be put out by someone making their own MT shirt, but there's not much I can do to someone making a 1-off for their own use. Start selling them on Ebay though, and I'd ensure my attorneys make ya bleed hardway. This is an example of the "you let small infractions slide, but nail the big ones" system. If we went after everyone who stole a paperclip from the office, 90% of the US workforce would be criminals.

 

[wushu2004]

Just because the pictures on the internet, doesn't make it public domain, or give anyone permission to use them for anything. Most of the LOLCat stuff for example is unauthorized use for example.

http://schmid.wordpress.com/about/faq/

That is an example of a guy who has the seriously misconstrued notion that everything on the internet is public domain. He pilfers images off of site like Flickr, turns them into books, and sells them.

Oh and he says that you can't copyright a picture unless it has a certain degree of "originality".

 

[Bob Hubbard]

What an ***. I think the US Copyright Office thinks differently.

 

[wushu2004]

Oh yeah. There are numerous groups on Flickr plotting this guy's demise with copyright infringement notices to his book publisher (Blurb).

 

[Bob Hubbard]

Oh yeah. There are numerous groups on Flickr plotting this guy's demise with copyright infringement notices to his book publisher (Blurb).

Good.

 

[Bob Hubbard]

Copyright Protection

Your work is under copyright protection the moment it is created and fixed in a tangible form so that it is perceptible either directly or with the aid of a machine or device. The moment you write it, paint it, or put it on the internet, your work is copyright protected.
Library of Congress

In the United States, the Library of Congress officialy registers copyrights which now last for the life of the author plus 70 years. No one else can profit or copy your ideas without your permission during this time period. Do I Need to Register?

Your works of art, music, etc, all have copyright protection with or without formal copyright registration with the Library of Congress or any other copyright office. However, copyright registration adds proof of copyright ownership and aids you in fighting copyright infringement. Copyright literally means the right to copy.

http://inventors.about.com/od/copyrights/a/copyright.htm

 

[Rich Parsons]

Just because the pictures on the internet, doesn't make it public domain, or give anyone permission to use them for anything. Most of the LOLCat stuff for example is unauthorized use for example.

Using your shirt example, as the mark owner I'd be put out by someone making their own MT shirt, but there's not much I can do to someone making a 1-off for their own use. Start selling them on Ebay though, and I'd ensure my attorneys make ya bleed hardway. This is an example of the "you let small infractions slide, but nail the big ones" system. If we went after everyone who stole a paperclip from the office, 90% of the US workforce would be criminals.

And I wish I could get all the time they owe me for being a salary employee.


Bob,

I own an original Henri Peter oil Painting. They made some GiClee prints and the scans are on the web. Even though I now own the original, the copies were all made and authorized before I bought it.

But would this be an issue of all new parties making copies would be in violation?

 

[Bob Hubbard]

My understanding is that unless copyright has been assigned it remains with the originalk holder. If the artist made some copies before selling the print, it kinda gets tricky as you now hold right to the original, yet he has rights (maybe) to the original prints.

That said, unless whoever actually owns those rights fives the ok, all future copies are unauthorized and probably a violation.

Unless it's so far exposed that the copyright's been defaulted, meaning no one's pursued enforcement of it and it's now pretty much become public domain.

But, a real answer would need some lawyer familiar with copyright complex issues to get involved.

 

[Makalakumu]

What about pictures taken by agencies in the US government? If these photos are published publically, can these photos be used for other purposes without violating copyright laws? For example, lets say some photos of Mount Ranier are taken by the USGS and someone takes one and makes it into a postcard. Is that against the law?

 

[Bob Hubbard]

I think, that photos done by the government are considered to be owned by everyone, however that may vary by agency.

For example:

NASA still images, audio files and video generally are not copyrighted. You may use NASA imagery, video and audio material for educational or informational purposes, including photo collections, textbooks, public exhibits and Internet Web pages. This general permission extends to personal Web pages.
This general permission does not extend to use of the NASA insignia logo (the blue "meatball" insignia), the retired NASA logotype (the red "worm" logo) and the NASA seal. These images may not be used by persons who are not NASA employees or on products (including Web pages) that are not NASA sponsored. If the NASA material is to be used for commercial purposes, especially including advertisements, it must not explicitly or implicitly convey NASA's endorsement of commercial goods or services. If a NASA image includes an identifiable person, using the image for commercial purposes may infringe that person's right of privacy or publicity, and permission should be obtained from the person. Any questions regarding application of any NASA image or emblem should be directed to:

http://www.nasa.gov/multimedia/guidelines/index.html

 

[Makalakumu]

I think, that photos done by the government are considered to be owned by everyone, however that may vary by agency.

For example:

http://www.nasa.gov/multimedia/guidelines/index.html

Thanks, Bob, that's what I thought.