Copyright your Before and Staged Photos, Website, etc.

Good information we all need to heed.  Thanks for bringing it up.  We don't like to think this way, but it's better to be proactive.  THANKS

Great advice and I just downloaded the Copyright Basics and will read through it later.  Although we have not copyrighted all of our information yet, we certainly have branded ourselves well.  We just hosted an open house event where 45 agents showed up and the common response was, "I recognize you from your marketing materials you send us AND your staging style."  That made us feel really good!  But thank you for the needed push to make sure we are protecting the successful business we have started.

I'll definitely take the time to read thru this.  I appreciate you including the link.  This is a very important topic and post.

Thanks, Michael.

Kathy

Michael, thanks for all the wonderful input you have been putting out about copyrighting.  I would have never thought about copy righting my photos.  I agree its a sad day when we all have to worry about something like this.  By the way, I love your logo.  Please let us all know where you have found this wonderful site.  : )

Thanks for the link, and the heads up the read is 12 pages!  Will get to it on my second cup of coffee!  The sad stories of other's work being hijacked in so many different ways makes this post relevant to each and every one of us.   

I'm always glad to hear open discussion about usage rights (as someone who makes my living entirely from photographs).

That said, as a general rule I disagree that one should 'copyright' (verb) their works.

Please believe me when I say I've been around the bend on this issue 100 times.

So why would I take such an odd position as a professional photographer?

As the current law is written my (and your) images have all applicable (legal) copyright the second they are created. They are the legal property of the owner and no one else. Period. 

If I (or others) advocate a culture of 'double copyrighting' i.e. insisting images require registration we effectively create a situation where you may NEED to register your images to protect them.

This would be a huge step backwards in terms of protecting the rights of the original author.

- - -

That's not to say there are not instances where it might make sense (life is full of exceptions, no?) - if for example, I was in the habit of licensing photos to the AP / Getty etc...I probably would register the photos in question simply to clear the way for the fastest possible legal decision should one be required.

Cheers, -B

Hi Michael, Thanks for pointing us in the right direction. Great information. God bless,

Thanks, Michael.  I will use your link and get educated.

Very informative; good job with your disclaimer too - recommending the full article is always a good idea.

Michael,  thanks for the info.  BTW, I think your company name is great!  Hmmn, maybe I'll start my own staging business...is it copyrighted? :)

Hey Bryce, how are you?  Glad to see you're still around here.  ;)

Thanks for your comments above, as it is a VERY common misconception that there is some formal requirement for obtaining a copyright on a creative work.  You're correct that original works are protected by copyright law the second they're fixed into a tangible form.  This is a relatively new aspect of U.S. copyright law, as registration was required before the laws were revamped in the '70's.  However, the registration requirements are not likely to return to their former state, because the reason for the change arises out of the U.S.'s signature on several international treaties that probably aren't going anywhere.

To supplement, there are some benefits that registration of a copyright may secure, although admittedly the cost of registering every work will outweigh the potential benefits for many artists.  These benefits can include a right to claim statutory damages, a right to sue for violation of the copyright, and evidentiary presumptions in favor of the registered copyright holder.  Not all of these benefits require registration right away, and many artists will choose not to register their copyrights until a legal action arises, while others choose to register everything right away.  So, whether or not to register will depend on the particulars of a copyright holder's business and risk.

Michael, Thanks for taking time to help everyone out on this. It takes care of some questions I've had since joining the ActiveRain/blogging community.

Devon, since you are part of a law firm, this might not apply to you...

Anyone else a lawyer?

Everyone else, repeat after me:

"I AM NOT A LAWYER.  If you need specific legal advice, please consult an attorney."

I am releasing this comment into the public domain.  Do whatever you want with it.