A Photograher’s Guide To Copyright

Posted on 3/28/2013 by Jim Pickerell | Printable Version | Comments (0)

PhotoShelter and ASMP have partnered to produce and distribute a new guide that discusses photographer’s rights under the U.S. copyright law and explains what they must do to protect their work.

The guide deals with the importance of registering works, explains the difference between published and unpublished work and goes through the process of registration. There is also a section that deals with making copyright registration a part of a photographer’s normal work flow. “Fair Use” is discussed and the four factors that courts take into account in analyzing if a use meets the Fair Use standard are outlined.

One section of the guide deals with steps you should take once you discover that your work has been infringed. There are recommendations for what you should consider before posting your work online or using social media.

Architectural photographer Liz Ordoñez discusses how to address infringements and stay out of court. “Her own experience includes a major win ($12 million) as well as a significant loss. She says, ‘No artist in their right mind wants to sue a client out of existence’ or pay “thousands of dollars’ when a case decision favors the infringer.”

The guide is a wealth of information for anyone concerned with protecting their work from unauthorized use and maximizing the revenue the work might generate.

Orphan Works

ASMP has also announced the filing of comments on the subject of Orphan Works and Mass Digitization in response to a US Copyright Office Notice of Inquiry. The comments state that attribution and registries, such as the one being developed by PLUS (Picture Licensing Universal System), are the solution for orphan works and that any return to increased formalities in order to obtain copyright protection would ultimately deter copyright registrations and harm users of copyrighted materials.

Copyright © 2013 Jim Pickerell. The above article may not be copied, reproduced, excerpted or distributed in any manner without written permission from the author. All requests should be submitted to Selling Stock at 10319 Westlake Drive, Suite 162, Bethesda, MD 20817, phone 301-461-7627, e-mail: wvz@fpcubgbf.pbz

Jim Pickerell is founder of www.selling-stock.com, an online newsletter that publishes daily. He is also available for personal telephone consultations on pricing and other matters related to stock photography. He occasionally acts as an expert witness on matters related to stock photography. For his current curriculum vitae go to: http://www.jimpickerell.com/Curriculum-Vitae.aspx.  


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