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The Digital Millennium Copyright Act (DMCA) -You Need To Know This!

By
Real Estate Agent with Real Estate Showcase Photography

 

 

The Digital Millennium Copyright Act (DMCA)

Why bother to sign or otherwise mark your work? This is why:

Found in Section 1202 of the U.S. Copyright Act, DMCA makes it illegal for someone to remove your copyright information from your photograph in order to disguise the fact that they are 'stealing' it.  Your copyright information is defined as your signature, watermark, website address, or copyright symbol.

(1) The title and other information identifying the work, including the information set forth on a notice of copyright.

(2) The name of, and other identifying information about, the author of a work.

(3) The name of, and other identifying information about, the copyright owner of the work, including the information set forth in a notice of copyright.

(4) With the exception of public performances of works by radio and television broadcast stations, the name of, and other identifying information about, a performer whose performance is fixed in a work other than an audiovisual work.

(5) With the exception of public performances of works by radio and television broadcast stations, in the case of an audiovisual work, the name of, and other identifying information about, a writer, performer, or director who is credited in the audiovisual work.

(6) Terms and conditions for use of the work.

(7) Identifying numbers or symbols referring to such information or links to such information.

(8) Such other information as the Register of Copyrights may prescribe by regulation, except that the Register of Copyrights may not require the provision of any information concerning the user of a copyrighted work.


So, even if you did not register your photograph with the U.S. Copyright office, you can still be protected, and seek damages, if you can prove that someone has removed your mark, or otherwise altered your image to use it illegally.

And the penalty is a stiff one:

(B) At any time before final judgment is entered, a complaining party may elect to recover an award of statutory damages for each violation of section 1202 in the sum of not less than $2,500 or more than $25,000.

 

 

                       Think TWICE! It costs MUCH less to obtain what you want legally!

 

Copyright

 

 

If you want to know if someone has illegally used one or more of your images on the web, check out:

TinEye Reverse Image Search

 

Disclaimer - I am NOT an attorney - If you require legal advice, don't ask me - I can't help you!

 

 

 

 

Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

I can understand your need to do this, but my photography isn't in demand :) Karen

May 08, 2010 04:34 AM
Marlene Hoffman - Naples Beach Condos
Downing-Frye Realty, Inc. - Naples, FL

Debi, you are such a wealth of information.  The hard part for me would be for someone to claim it as their own.  Thanks for keeping us enlightened.

May 08, 2010 09:30 AM
Debi Boucher
Real Estate Showcase Photography - Woodland Park, CO
"Realtor Showcase" - Real Estate Photography/Virtual Tours

Thanks for your visits - Sick today, will catch up with you all soon :)

Debi

May 08, 2010 01:05 PM
Peter and Dawn Smith
Circle Shot Media - Vancouver, WA

Hi Debi,

Great Info.  I appreciate blogs like this.  It is nice to know, and even nicer for other people to find out that this is why we do mark our work.  Have a Happy Mother's Day.  Hope you are feeling better.  I too have been down this week with a fever of 102.

Dawn

May 09, 2010 07:32 AM
Gloria Todor
Premier Property Sales & Rentals - Springfield, PA
& Doug Durren (484) 431-3686 in SE PA

Debi, thanks for keeping us on top of things!  Have a great week!

Gloria

May 09, 2010 11:11 AM
Mary Douglas
United Country Ponderosa Realty, Red Feather Lakes, Colorado - Red Feather Lakes, CO
REALTOR, Red Feather Lakes, Colorado

Hi Debi, Hope you are feeling better soon. I haven't been signing my photos, I have had a few people call and ask if they could use them - that was pretty fun :-)

May 10, 2010 05:04 PM
Daniel J. Brudnok, REALTOR
Berkshire Hathaway Home Services Fox & Roach, REALTORS - Exton - PA License #RS-225179-L / Delaware License #RS-0025038 - Downingtown, PA
SRES, e-PRO,ABR,GREEN,CSP

Debi,

Good to know....I am amazed what we do at times and may not even know we are allowed to do so.....most times very innocently

May 11, 2010 04:44 AM
Ann Hayden 636-399-7544
Berkshire Hathaway HomeServices Select Properties-St. Louis Missouri - Des Peres, MO
SelectAnn.com

Debi,

Awesome info! 

Ann Hayden in Wildwood, MO

May 14, 2010 02:09 PM
Jim Frimmer
HomeSmart Realty West - San Diego, CA
Realtor & CDPE, Mission Valley specialist

I'm lucky because my husband has a huge collection of photographs now. We used to use a lot of stuff from dreamstime.

May 14, 2010 04:14 PM
TeamCHI - Complete Home Inspections, Inc.
Complete Home Inspections, Inc. - Brentwood, TN
Home Inspectons - Nashville, TN area - 615.661.029

Debe, great information. Haven't heard from you in awhile. Zup???

May 16, 2010 01:54 AM
Georgie Hunter R(S) 58089
Hawai'i Life Real Estate Brokers - Haiku, HI
Maui Real Estate sales and lifestyle info

I checked out TinEye.com.... that was pretty cool, and quick!  So far no copies!

May 16, 2010 12:05 PM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Debi, so far, I haven't caught any photo theives.  Maybe I'm not yet a good enough photographer to have to worry about it!

May 19, 2010 11:51 AM
Susan Mangigian
RE/MAX Preferred - West Chester, PA
Chester & Delaware County Homes, Delaware and Ches

C Tann Starr showed me how to put my copyright on my photos and I promptly forgot!  I would never dream of removing someone's copyright.  I hope all is well in your world Debi!

May 21, 2010 12:06 AM
Debi Boucher
Real Estate Showcase Photography - Woodland Park, CO
"Realtor Showcase" - Real Estate Photography/Virtual Tours

Hey everyone - Thanks much for your comments :) Have had some, shall we say, 'distractions', lately...I appreciate all your continued visits, even tho I've been away for a bit :)

Debi

May 21, 2010 12:58 PM
Andrea Swiedler
Berkshire Hathaway HomeServices New England Properties - New Milford, CT
Realtor, Southern Litchfield County CT

Debi, this is awesome, thank you! I would prefer to use a watermark and will search for a way to do this. I don't think anything I currently use does watermarks.

I do appreciate you telling me about this. :D

I can understand distractions, have had more than my share lately. Hope yours are over, or are a good thing, LOL.

May 22, 2010 04:27 PM
Debi Boucher
Real Estate Showcase Photography - Woodland Park, CO
"Realtor Showcase" - Real Estate Photography/Virtual Tours

Andrea - You are very welcome :)   If you have Photoshop, I wrote a post on how to watermark.

http://activerain.com/blogsview/1308780/active-rain-photo-blog-watermarking-your-photographs

May 22, 2010 04:46 PM
Ann Allen Hoover
RE/MAX Advantage South - Hoover, AL
CDPE SRES ASP e-PRO Realtor - Homes for Sale - AL

I'm glad that you posted the link to that tutorial.  I remembered you had done one.  Not that anything I do is so great anyone would want to steal it......

May 23, 2010 07:53 AM
Debi Boucher
Real Estate Showcase Photography - Woodland Park, CO
"Realtor Showcase" - Real Estate Photography/Virtual Tours

Ann - LOL - Better to cover it, just the same ;)

May 23, 2010 06:17 PM
Russell Lewis
Realty Austin, Austin Texas Real Estate - Austin, TX
Broker,CLHMS,GRI

Hey Debi, I almost missed this and thank for the link to Tin Eye. I have been fairly careless about my photos and need to do a better job at protecting them. Thanks!

May 29, 2010 01:39 AM
Not a real person
San Diego, CA

Copyrights can really make it difficult to do "then and now" articles, especially if two organizations hold the copyright on 99% of the material and charge outrageous fees to use their material and then won't let their material appear on a web site anywhere anyway. All you can do is buy a photo to hang in your home. Hanging them in businesses costs even more.

I'm out to check on how long copyrights last, such as a copyright on a book from 1890 where the author is dead, the publisher is defunct, and no one anywhere knows anything about any kind of estate for the author or his family.

May 30, 2010 08:49 AM