Forum: Photography


Subject: Interested in your opinions...

PunkClown opened this issue on Oct 15, 2002 ยท 6 posts


peterke posted Wed, 16 October 2002 at 3:29 AM

...in addition : it should be easy to prove your copyright: with film, you have the original negative and with a digital cam, you should have the original file (possibly RAW, including exif data etc...). The photo is yours unless you choose to put it in "the public domain" (if stated explicitly on your website) or grant some particular right to an individual (in which case you should put it in writing). More exciting (from a legal point of view) is the question about artwork derived from your photo. I'm a lawyer, but not specialised in this matter and certainly not familiar with the US law... but i've encountered some amazing jurisprudence in Europe. e.g. If an artist decides to create a collage of pictures and your photo is recognizable (beyond discussion, that is), you can claim your copyright. I've seen this happen to a large pharmaceutical company whose advertising agency used a small fragment of a picture (a small, but recognizable detail in a photographic composition) from a photostock book without clearing the copyright. Needless to say that it was an expensive fault on the part of the advertising agency.