Monday, February 14, 2011

Week 5 EOC: Copyright Process for Photography

The copyright process for a photographer is not a complicated process, yet if not done properly the photographer can be taken advantage of or lose his or her rights to their own photographs. Copyright is given at the moment of creation to the creator of a piece of work in this case at the moment a photograph is taken. For the photographer it is not enough that they own the copyright, they then need to establish that copyright by placing the proper information in the metadata. To establish the copyright the photographer needs to place the © followed by the photographers name and the year. This establishes a legal copyright to the picture and can help to protect a photographer when his work has been infringed upon. After this has been done the photographer then has to take an active approach in making sure no one is or has been infringing on his or her work. The copyright serves only to keep honest people honest. If a photographer finds that an individual or company is using his or her work without permission or for a purpose other than what was agreed upon, the photographer must act immediately to stop this infringement. If the photographer knows about the infringement and does nothing to stop it then the photographer could lose his or her rights to the photographic work. The photographer may not in that case even be able to collect penalties or damages from the infringing party. However if the copyright has been established and the photographer acts at the first instance of a found infringement, the photographer can seek a settlement from the infringing party including any and all profit made from the photographic work and damages. The best practice for a photographer is to establish his or her copyright straight from the beginning and then take an active role in protecting that copyright.

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