More Copyright Info On the Way!

Great news—I talked with photographer rights and copyright advocate Jack Reznicki yesterday, and he’s going to be a call-in guest on next week’s episode of Photoshop User TV to pick up where attorney Ed Greenberg left off on last week’s show, as he goes through the step-by-step process of registering your work with the Copyright office.
We’re taping the show later today, so if you have any specific questions you’d like me to address with Jack about the filing of copyright, and protecting your work, post it here and I’ll be sure to give a good look before we start the interview.
Also, although the show won’t air until next Monday, I’ll see if I can get the excerpt and post it here on the blog later this week.
One more thing: If you get a second; check out Jack’s portfolio—he’s one hell of a photographer! (here’s the link).












Hi Scott,
Yes, there is certainly a lot going on in various UK forums as a reaction to the video and interview with Ed Greenberg. There seems to exist a great feeling of uncertainty of how all this ‘registering’ business will effect photographers in the UK and the rest of the world. As an example, will an image that I post in a UK forum/gallery but hosted by a US server fall under US laws or the country in which I am located? Another feeling that was expressed is that this is the US enforcing their own copyright laws upon every other country in the world. A final thought would be - and this appertains to the 90 day rule - how would I for example possibly even know that an image that I place on my local photographic forum in the UK hasn’t been download and is being used by say a holiday company in their annual brochure. It’s something I’m not really going to find out about and more or less makes the 90 rule meaningless.
I get a model release when I photograph seniors but now am getting request to do family shots. How do I go about getting a release with multiple people in a shot so I can use the image for advertising?
Does this mean you’re airing new episodes?
Time Warner in NYC has been airing the same Photoshop User TV episode every Thursday at 1:30 AM for about six weeks now.
Scott,
I suspect the question that I have is one you already plan to ask, but I’ll ask it anyway. My question is as follows…. I understand that you can bulk together images and register them, say once a month, all together. Is there a limit as to how many images one can bulk together? A second question to which I believe I know that the answer is…yes you do…. is when you have a sequence of images of the same subject, say a model or a person, must every image be registered to be protected??
Great information from Greenberg last week….
While I am thinking about it, I ‘m not sure that I understood just when the 90 day window to register you image after it is used without your permission. Does the clock start on the day the image is published without your permission or the day you discover it was published without your permission, there often being a considerable period of time after publication before one discovers the misuse of ones image.
Thanks for your usual good work. Loved some of the images from Italy.
Emmet
I know that its as many images that can fit onto a CD and its $45 per CD, but can you get the forms somewhere other than calling the copyright office and having them mailed to you? It seems that photography falls under the C.O. VA (visual arts) area and that form is not online thru the copyright office.
Thanks as always Scott
Scott,
When shooting RAW images, what are the steps needed to submit the images to the copyright office? ie what metadata should be added, send JPEG?, what size or resolution?, CD or DVD? how many disks at one time for the fee?
I think have the whole flow down would be of great benefit for all of us budding photographiers.
Thanks, Paul Pokrywka
hi scott,
my question is similar and a follow up to elli’s question. how do american copyright laws work world wide, and how do international copyright laws (ours here in australia as example) work with the american rules?
as internet has virtually removed borders, photographs may be used anywhere in the world. which laws are in effect? the laws in the country of the photographer, or in which someone uses it?
perhaps the answer to those questions is simple: don’t share any usable images (size, quality) online.
the problem in my case is that photos produced under australian law may be shared on flickr, which is a us-hosted domain, with users from all over the globe. which rights do apply if someone uses a photograph from such a site?
thanks!
3 questions for the interview:
Who can access the images at the Copyright Office? I understand the filing records are public information but are the images themselves considered so? The thought is about personal images which one might not want public but could possibly get out by theft or other means, e.g. Pam Anderson tapes, and copyright registration might provide a mechanism for limiting publication but you might not want the images examined anyway.
If they are considered “public records” is any copying allowed or are they required to be examined in their original form at the depository? In other words, does the copyright office have “Fair Use” copying rights?
Do you need a model release to file if they are considered public records?
Thanks,
george
Ok, I go through all the effort to register my work. In the real world if someone with lots of lawyers at their disposal wants to use my work without my approval is it really worth the time/effort/cost (not counting the principle) to fight them in Federal court? If I win how much can I expect after my lawyers get their fee assuming the photo is not used in a national advertising campaign?
Hi, Scott,
I’m wondering if Jack, or anyone, knows of a site or directory of any kind in which the various states’ laws relative to model releases and reproduction of images are posted or linked.
A couple of post on a Nikon Flickr blog seem to suggest that by posting images on there you give Nikon or Flickr the rights to use, sell and basically do what they want with the image. From what I’ve read most of this is tied up in the EULA.
Is this legal?
Does photoshop express have a similar clause in the EULA?
And yes I am a goober who never reads the EULA before signing up for a cool service.
To the previous poster Steve (?). Yes, Photoshop Express did start off with some wonderful and weird terms in their EULA but after much huffing and puffing by Goldilocks the Big Bad Wolf changed them to something a little more sensible. Your images belong to you, but only so long as you’ve registered them the way that this story is unfolding. I don’t mean to sound ungracious but this is only something the Americans could dream up.
or should it be a
How long does it take to get your work copyrighted once you submit it and when will you get an acceptance notifycation? Thanks!
Scott, I loved the interview you did with Ed Greenberg and can’t wait to hear what you do next. I’m sure a lot of photographers also want the skinny on these issues too: What is the law with regard to photographing and selling images of products such as cars, motorcycles, telephones, radios, etc. where the product’s name is shown. I photograph classic cars such as vintage Chevy’s and Fords. Can I copyright these images and license my photos which contain products? Also, what is the copyright law pertaining to buildings? Thank you for helping to clarify these issues.
Scott:
1. What is the correct address that images should be sent to when you want them © and registered?
2. Is it necessary to send them certified mail return receipt to insure you know who got them and when?
3. Is the following web site about copywrite what he is referring to http://www.copyright.gov/circs/circ40.pdf
or what is the web site we can refer to in getting registration © information?
Scott: You deserve thanks from everyone for the information you share with us! You put back the US in the USA.
I have been using legalzoom.com for my logos, etc. and have recommended it to my photographer clients.
Scott:
Here is another web site to review for your upcoming discussion on © and registration:
http://www.uspatentinfo.com/copyright.html#appb
Hey Scott,
Great info. Thanks.
On a totally unrelated note, check out this book: Black and White in Photoshop Cs3 and Photoshop Lightroom: Create Stunning Monochromatic Images in Photoshop Cs3, Photoshop Lightroom, and Beyond
by Leslie Alsheimer
It absolutely ROCKS the CS3 Lightroom world. You will love it.
Martin
First off thanks for providing the resources regarding the legal side of photography. I know that you can’t answer every question that comes up but here’s one I haven’t heard talked about and so I thought I would throw it out there for the experts to tackle. i have a photo taken many years ago by someone in my family of a now famous person. There are only two of us that could have taken the picture [ still researching that ]. My question is this, even if I can’t determine who took the photo, what can I actually do with it in terms of portfolio or sales etc. Do I have to get a model release from the now famous person? Thanks for all the great tips..!!!
Hey Scott… That will be great have him back. I loved his other video ( part 1 and 2). I just wish he could ansewr this question;
I am a Wedding Photographer in Fort Lauderdale - Miami area, and
I know that each state on county might have different rules, but If I bring a couple for a engagement session at the beach, Do I have to have a City permit?
Thanks
Paulo Jordao