Copyright Information
- In addition to the FAQ below see these other
Internet resources
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U.S.
Copyright Office - Library of Congress
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http://www.benedict.com
Perhaps
the best tutorial and source for information on the subject of copyrights
on the internet.
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Picture Agency Council of
America (PACA) -
Copyright Commandments fostering the protection
of intellectual property.
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Copyright
resources/links on-line
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Stanford
University Copyright Law: Frequently Asked Questions
Copyright FAQ - Not intended as legal advice:
Q: I've heard that unless a photographer applies to the
copyright office for a copyright its not copyrighted.
A: DON'T BELIEVE IT. All photos are copyrighted the minute
they're created, whether the photographer takes steps to protect the image
or not. These rights are international by agreement, treaty and the Berne
Convention. The copyright is the exclusive property of the
"author", artist, or photographer.
Q: So how is it there are so many pictures available
for download on the Internet?
A: In some cases the photographer has given up all rights
to the photo and specifically placed the image in the public domain.
However this is VERY rare. In most cases the image is still protected by
copyrights. If the image is used for any commercial purpose the
photographer can sue for copyright infringement. BEWARE a lawsuit for theft
isn't something a company wants in tomorrows business section of the
newspaper! If you can't track down the photographer DON'T USE THE IMAGE!
Q: What are the penalties for illegally using a photo.
A: Pretty much the same for violating any copyright, its
theft and is treated that way. Civil suits have been brought in the
millions. FPG International sued Newsday a couple of years ago for $700,000
for creating a composite image out of three separate images. Tony Stone
Images sued Corel over about the same thing. This is serious and should be
taken serious. If companies this large can fall in to legal trouble image
what could happen with your company. Best to buy the rights you need, It'll
cost you a lot less in the long run.
Q: What if I properly obtain a license and then decide
to use the image for something else?
A: Any use not specified on your license or contract MUST
be renegotiated. Rarely do you obtain full rights in a license, if you did
you would know it because it would have cost you plenty. Violations of a
license are considered copyright infringement.
Q: How long does a photographer get to claim copyright
on an image?
A: Unlike a patent a copyright is for life. Actually life
plus 50 years.
Q: I'm under a deadline, can I go ahead and use the
image and pay later.
A: Absolutely NOT. Fees must be negotiated, what's to keep
the photographer from asking 100 times their normal rate? Besides any
shoplifter will tell you that they meant to pay for the item. They either
were going out to their car to get the money or simply forgot.
Q: If I touch up a photo in my paint program I'm
creating a new work of art so the copyright now belongs to me, correct?
A: Not exactly. Your derivative technically has a
copyright but the original art work still has a copyright that belongs to
the original artist (photographer). If the new image is even vaguely
recognizable you have infringed on that copyright. Even using just the eye
from a Eagle image is illegal. See the example above of the lawsuits
brought by FPG and Tony Stone above. You may not use a copyrighted image
even in part without the permission of the photographer or their authorized
agent.
Q: So what is "fair use"?
A: This is a very limited right to use an excerpt of
copyrighted work to illustrate or as an example in educational or political
discussion. No money may change hands and the use must be strictly
noncommercial (this includes institutional and governmental). This
generally doesn't apply to still images since it would be very difficult to
"excerpt" a part of an image without destroying the value of the
whole. Besides few people reading this fall in to the "educational or
political discussion" category. For more information see "The
Software Publishers Association Legal Guide to Multimedia", or one of
the many other books on the subject at your local library.
Q: I need an image for a nonprofit organization I work
with. Copyright law doesn't apply to this type of use since its
noncommercial, right?
A: Wrong. You don't expect to get your office space for
free. I'm sure you wouldn't go in to a shopping mall and simple walk out
with items and not pay. Copyright laws apply to everyone, no exceptions are
made based on income, profits, tax status, or other financial criteria.
Q: How are photo CDROMs so inexpensive, are these
photos "legal".
A: They're inexpensive for a few reasons. In part because
many promise photographers large royalties but usually end up paying them
very little. Photographers are often suckers when it comes to business. Most
are "legal" in that the publisher acquired permission from the
photographers but that doesn't mean you can't get in trouble. You MUST read
the license agreement that came with the CD-ROM VERY carefully. Most do not
grant full unlimited rights. Many restrictions may apply. Also keep in mind
that the images on these disks are often lower resolution and used by
perhaps thousands of companies. I don't think you would be too happy to see
your competitor using the same image. Or worse yet, an ironically
unflattering company. If you're a Medical Clinic it wouldn't be very nice
to see the funeral home down the street using the same image. Remember you
get what you pay for.
By the way, this page is Copyright John Herron. Permission is hereby
given to reproduce it if it is used in its entirety, including the
following information.
© John Herron - Eagle Stock Images
1380 Duckwood Drive Suite 101, #206
Eagan, MN 55123
Fax: 612.891.4230
Email:
herronj@eaglestock.com
Web: Eagle Stock Images
http://www.eaglestock.com
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