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Copyright law is under attack!

By
Services for Real Estate Pros with Bryce Mohan Photography

I've been absolutely swamped with business lately. Between the Buildex convention here in Seattle and 'normal' shooting (now averaging 3-4 bookings per day) I've had almost no time to visit AR. :(

That said there is a very concerning issue at hand: The so called 'Orphan Works Bill'.

BTW, full credit to Glenda Cherry for breaking the story first. You can see her blog here. :)

- - -

Basically the bill attempts put some rules in place for using other peoples images when you can't find them (in other words, 'orphan works').

This sounds good in theory...I suppose.

There might be situations where (for example) people would like to use images for commercial or documentary purposes that are say...from a long time ago...and have no clear owner.

The trouble starts when we take a look at the actual wording of the bill:

The bill essentially states that a person need only make a 'reasonable and diligent' search for the owner of the image.

Furthermore if the owner shows up and says 'Hey! You used my image without permission' the first party need merely say 'well, I TRIED to find you' (they are protected from any legal consequence). The bill doesn't actually define what a reasonable search is. It's a trial lawyers dream come true and a copyright defendants nightmare.

Are the alarm bells going off yet?

It's already difficult enough to defend our work in the digital era and our fine politicians have seen fit to put together legislation which will make it even harder.

Please join me in letting your local representatives know this is not ok.

Thanks, -B

Comments(7)

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Katharine Carey
eXp Realty - Bellingham, WA

this is interesting, my husband is an underwater photograper and I will send this along to him.

Oct 06, 2008 11:05 AM
Shane OnullGorman
Eau Claire Realty, Inc. - Eau Claire, WI
Eau Claire Wisconsin, Real Estate Agent & Realtor- Buy or Sell

Worse along those same lines is pending copyright legislation that will horribly penalize anyone for a variety of other reasons for so called copyright infringment.

Most of what I have seen does little to benefit any individual but gives carte blanch authority to corporations. It really is out of control.

Oct 06, 2008 11:07 AM
Sharon Roark
United Real Estate Lexington - Lexington, KY
Realtor Extraordinaire in Lexington KY

This is horrible! Can you imagine being a parent and finding your child's photo posted on the neighborhood pervert's Myspace account? But he TRIED to contact them when he took the picture from their children's school website...

Oct 06, 2008 11:14 AM
Northern Virginia Real Estate Photography - Bryant Payden
B. Payden Photography, LLC - Manassas, VA
Northern Virginia Real Estate Photography

Bryce-

Thanks for the good information, you are certainly correct about it being hard enough to protect our rights in this digital age.

Oct 06, 2008 12:45 PM
Maureen Maureen
Orangeburg, NY

Bryce - this law almost seems ridiculous. Itt has specific negative affect on home stagers. The before and after portfolio are our bread and butter. I think it is time to learn how to watermark images with my company name. I have not done this so far but now it is going to become a necessity.

*hint* at tutorial on how to watermark images in photoshop or online might be nice. *hint*

Oct 07, 2008 02:51 AM
Glenda Cherry
Keller Williams Realty - Herndon, VA
Realtor / Photographer

Bryce, thanks for the reblog!

Maureen, I posted a tutorial on my blog today about adding a copyright watermark to your photos.  

Oct 10, 2008 10:24 AM
Andrew Mayon
Triad Real Estate Photography - Greensboro, NC

Hey Bryce:

I just came across a project I photographed, only to have it "jumped" by a REALTOR who purposely cropped out my copyright tag on my photo.  Since my Photographer's Release specifically states my credit must be included on all images used, this is a breach of copyrght law as far as I can tell.

I am going to call the agent and found out who took her pictures and see if she can give me an answer (it was me...).  I have contacted the local MLS and made them aware of this situation so I will be interested to hear what they have to say.

Beautiful work by the way...

Feb 09, 2009 12:49 AM