A Loserphotographers.com feature: Protecting your copyright, part two. See Part one here.
We at Loserphotographers.com have long documented the unethical theft and lack of shame that LOSERS & LIARS like Miles Morgan, Floris van Breugel, Chris Moore MD, and others, display when they attempt to make exact copies of Marc Adamus images, for example. And we have long documented the cowardly Marc Adamus’ refusal to protect his images, because he’s a weasel who really makes all his money from selling workshops to inartistic LOSERS who think that buying $5000 of camera gear and making copies of Marc Adamus/Ansel Adamus/Galen Rowell images somehow makes them “artists”.
Anyway, THUGS & MORONS have long claimed on this blog that one can’t really copyright photography. It’s a straw man argument, but an unsurprising one. Miles Morgan or Floris van Breugel wouldn’t take any images if there was no one they could copy. So clearly, they have to rationalize the theft. Here’s a primer on US Copyright Law. Most of this material was retrieved from:
and from other sites dealing with copyright issues.
1. What can I copyright, as far as photography is concerned?
You can’t copyright, say, a snapshot of Zabriskie Point, per se. So THUGS & MORONS can waddle up with their 5Dmk II’s and take all the photos they want, unfortunately. What can be copyrighted is your specific artistic interpretation of that scene. Did some Photoshop work on your image? Use a unique focal length to produce a new interpretation of the scene? This is all protected by copyright. Of course, this still, basically, provides the protection you want. THUGS & MORONS don’t want to just take snapshots of Zabriskie Point (ie, showing it as it “is”). They are hungrily seeking a specific artistic interpretation that they think will make them famous or get them comments & critiques on Photosig/Flickr/photo.net. In other words, they want to find your image online or in a magazine and copy it exactly, down to the last detail.
2. So if I am the only one/the first to photograph some scene, can I copyright that?
YES! Your interpretation of that scene is unique, and more importantly (as far as the law is concerned), you have “first dibs” on the composition. Remember to register your image with the US Copyright Office (we covered that here).
3. How does intent fit into this? Even if say, Floris van Breugel didn’t copy my image exactly, because he wasn’t able to, does intent to copy make it more legally actionable?
YES! The law recognizes that intent to violate copyright Is more serious than an “accidental” violation. And violations made with the intent to profit from the violation are even more serious, and actionable.
4. Copyright is too expensive/I can’t afford to protect myself.
Untrue (luckily). You can file online for $35, and each filing can encompass many images in the same session.
5. Pursuing violations is too expensive/ I know someone who copied one of my images, but I can’t afford to stop them.
Untrue (luckily). With something known as a DMCA takedown, you can easily counter thieving scum and hardly spend anything. Loserphotographers.com blog will be covering use of the DMCA takedown soon. It is the first, and most important tool in the battle against photo theft and thieving THUGS & MORONS.
6. What are my obligations as regards to protecting my images?
You need to pursue all violations of your copyright. That’s one of the reasons that corporations sue each other over even the smallest perceived violations. A failure to protect your work implies that you’re not interested in protecting it, and your copyright may be invalidated.
This is part 2 of a series on Intellectual Property protection on Loserphotographers.com. Stay tuned for part 3, using the DMCA takedown.
The fact that image/composition theft is not considered dishonest among amateur LOSERS is an example of the fundamentally dishonest people that real professional photographers are pitted against. Words alone will not do the job here. You must take proactive steps to secure your rights, before they’re ripped right from your hands and assigned to someone else. Do the right thing; chain your images down!
Also:
ReplyDelete"Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work. "