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Copyright Status Query
Hi folks,.

I was hoping some of you would be able to answer a couple of questions I have regarding copyright of photos..

The situation is this, I was at a sporting event with the team that I work for and I took a number of photos from my position in the stand. Some of the photos turned out really well and now the sports national governing body (who I work closely with) want to use some of my photos on the website and in local and national media..

I have no problem with them using the photos. However, I do want credit for the photos I have taken. I am not interested in receiving payment for the photos, I just want acknowledgement that it was me who took them..

What is the best thing to do? Should I add my own signature to each photo in Photoshop? Should I give them the photos and ask them to ensure my name is credited everytime the photos are used? e.g. 'Photos courtesy of Richard Chessor'.

As I understand it, because I took the photo I instantly own it's copyright and therefore should be able to decide how the photos are used - is this correct?.

Many thanks,.

Rich..

Comments (10)

Yes, that is correct. They are your photos - you took them at a public event. It is generous of you to donate them for free; it would be a good idea to make it clear that you want to be credited and that you want to retain copyright..

Best wishesMike..

Comment #1

You take a photo, then that is your photo and copyright is yours..

Embedded in every photo is an EXIF file, with all info on the photo, you can if you like put on the photo a signature, but it is not needed.download a program called KUSU Exif viewer, it's free, (google it).

After it is installed on your PC, right click on a photo, and click on open in Kuso Viewer.Good luckhttp://s185.photobucket.com/.../albums/x223/eirianfa2002/?mediafilter=imagesMichael Edward Rudge..

Comment #2

Richard Chessor wrote:.

The situation is this, I was at a sporting event with the team that Iwork for and I took a number of photos from my position in the stand.Some of the photos turned out really well and now the sports nationalgoverning body (who I work closely with) want to use some of myphotos on the website and in local and national media..

I have no problem with them using the photos. However, I do wantcredit for the photos I have taken. I am not interested in receivingpayment for the photos, I just want acknowledgement that it was mewho took them..

What is the best thing to do? Should I add my own signature to eachphoto in Photoshop? Should I give them the photos and ask them toensure my name is credited everytime the photos are used? e.g.'Photos courtesy of Richard Chessor'.

As others have said, it is very generous of you to give your photos away for free. The best way is make it a condition of your donation that you are credited with the photo. You may offer to add your signature to the photo to make it easier on them. However, I would not do this until they request it, since your signature may not fit their layout..

As I understand it, because I took the photo I instantly own itscopyright and therefore should be able to decide how the photos areused - is this correct?.

You own the copyright on the photo. What you may do with it is another story, though. Was the photo taken in public, or at a private ballpark? Is the team or league copyrighted? Do you have model releases?.

Yeah, you own the photos. But there is probably not much that you could do with them (other than print them for your personal enjoyment or post them on your non-commercial website). You probably can't use these photos commercially (i.e. get money for it) except from the people who you are giving them to...

Comment #3

You don't mention what country you're in, but as a non-lawyer I'd guess that copyright law varies from locale to locale - I know there are treaties addressing international issues, but I'd think that within a country - consult someone up on local laws...

Comment #4

Richard Chessor wrote:.

Hi folks,.

I was hoping some of you would be able to answer a couple ofquestions I have regarding copyright of photos..

The situation is this, I was at a sporting event with the team that Iwork for and I took a number of photos from my position in the stand.Some of the photos turned out really well and now the sports nationalgoverning body (who I work closely with) want to use some of myphotos on the website and in local and national media..

I have no problem with them using the photos. However, I do wantcredit for the photos I have taken. I am not interested in receivingpayment for the photos, I just want acknowledgement that it was mewho took them..

What is the best thing to do? Should I add my own signature to eachphoto in Photoshop? Should I give them the photos and ask them toensure my name is credited everytime the photos are used? e.g.'Photos courtesy of Richard Chessor'.

As I understand it, because I took the photo I instantly own itscopyright and therefore should be able to decide how the photos areused - is this correct?.

Richard,.

I'd suggest going one step further and asking them to confirm their agreement to giving you a credit each time any of the photos are used BEFORE you supply them with full-sized versions..

That's an entirely reasonable request and one that shouldn't strain your relations with the sports body at all..

By the way - well done!.

Peter.

Peter - on the green island of Ischiahttp://www.pbase.com/isolaverde..

Comment #5

The fundamentals of copyright are very simple and are the same practically throughout the world. But the detail of how it is implemented in law vary greatly..

You are right about the most basic part of this - copyright belongs to the creator, and that gives you the right to control how the images are used (which is what 'copyright' means). If you enter into a contract with someone to allow them to use your images, you can agree between you whatever conditions you wish, and that can certainly include publishing a credit whenever they are used. Do think about the practicalities of this, though. On a magazine page, it is easy to add a caption crediting the photographer. It will look appropriate and won't detract from the appearance of the page. (By the way, don't overlay a signature, it looks awful and if I were an editor I wouldn't accept it.) If, on the other hand, the picture is used in a promotional leaflet or on a poster it might work less well.



Others have touched on the issue of whether you are entitled to use the pictures in this way, and that is a valid point - and it is also where there is most variation in law between jurisdictions. In England, for example, if you take a picture of someone in a public place, you can use it provided you are not breaking other laws (e.g. those relating to decency). In France, you can't. If the subject is wearing a T-shirt with a logo that is more likely to be a problem in the US than in the UK. If you are taking pictures on private property you probably need the owner's permission to use them commercially.

If you are there in the course of your employment, your employer may own the photographs - yes, even if taken with your equipment..

Another issue is the type of use. In both the UK and the US, you can take a photograph of a celebrity in the street and use it for journalistic purposes without their permission. You can't use it for promotional/marketing purposes..

And so on, and so on. I would much prefer to say it was simple and straightforward but it just isn't, in fact I've over-simplified for brevity..

But getting back to your specific case. I would put the following in writing:.

- You agree to the use of the photographs for journalistic purposes, with no fee but subject to your being credited as photographer each time it is used. (Consider specifying a set fee for use without the credit - just to give them an incentive to remember!).

- If commercial use is required, that requires a separate agreement and may be subject to a fee (if they are profiting from it, so should you.).

- They are responsible for ensuring that the photographs are used legally and agree to indemnify you against any claim in respect of improper use or use without any necessary permissions. (Don't go into any more detail, let them worry about what constitutes proper use.).

The lawyer types reading this will no doubt be able to think of pages and pages of clauses and conditions, but the way I operate is to be clear and genuine about what I am doing (sometimes that means writing it down to avoid any misunderstanding or 'selective memory'), then just get on with it..

If I were in your shoes and provided there is no obvious problem (such as ticket to the event with the words "no photography" printed on it!) I would go ahead...

Comment #6

Do you know of any camera that allows you to "type" a caption into the camera, first, then take the picture? I need to photograph about 600 rugs and each rug has a CIN (carpet identification number). I would like to save the picture as a JPEG and label it with this CIN, as well...

Comment #7

Richard Chessor wrote:.

Hi folks,.

I was hoping some of you would be able to answer a couple ofquestions I have regarding copyright of photos..

The situation is this, I was at a sporting event with the team that Iwork for and I took a number of photos from my position in the stand.Some of the photos turned out really well and now the sports nationalgoverning body (who I work closely with) want to use some of myphotos on the website and in local and national media..

When you transfer them after determining all the contract niceties, licensing, etc., be sure that you have an acknowledgement that they were provided without any kind of releases..

I have no problem with them using the photos. However, I do wantcredit for the photos I have taken. I am not interested in receivingpayment for the photos, I just want acknowledgement that it was mewho took them..

Negotiations are wonderful..

What is the best thing to do? Should I add my own signature to eachphoto in Photoshop? Should I give them the photos and ask them toensure my name is credited everytime the photos are used? e.g.'Photos courtesy of Richard Chessor'.

Agree with another poster, ask them before doing that..

As I understand it, because I took the photo I instantly own itscopyright and therefore should be able to decide how the photos areused - is this correct?.

Http://www.ipo.gov.uk/copy.htm.

Many thanks,.

Rich..

Comment #8

@Leslie -.

The Nikon D40, and likely the other Nikon DSLRs have an "Image Comment" feature..

Http://www.google.com/...40%20%22image%20comment%22&ie=UTF-8&oe=UTF-8..

Comment #9

You can include teh CIn on a tag, next to each carpet, as you photograph.or,.

You could add the CIN info into the Exif Data of the jpeg.Even edit RAW files, if you wish, adding such info.Dave PattersonMidwestshutterbug.com'When the light and composition are strong, nobodynotices things like resolution or pincushion distortion'Gary Friedman..

Comment #10

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This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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