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Wallydog

Money shots

11 posts in this topic

I have an image I took at LOW this past week that is in my opinion very, very good. Posssibly even marketable. How can I protect it and the rights as my image?

Thanks for any advice tendered.

WD

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The US Copyright Office is where you need to do this. Also let me state that I am not a lawyer, but I did stay at a Holiday Inn Express last night. smile so advice given here is just that...advice. I am going to quote directly from the US Gov Copyright web site because there is often confusion on this issue and I hope this will make it clear.

Quote:
Copyright Registration

In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:

Registration establishes a public record of the copyright claim.

Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin.

If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.

If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.

You will note that registration is not a condition of copyright protection. That said as the above statement shows it may be wise to register to ensure you receive the full protection of your photograph. I don't recall the price but I think it is $30 -$35 per registration. Keep in mind also that marketing an image, especially an outdoor one is something that is not an easy task. Unless you have an outlet specifically looking for an image it can be difficult at best to find a buyer. stfcatfish and finnbay and others can tell you even more about that in regards to outdoor images, I market to a different clientèle. That is not said to discourage you just let you know it can be a difficult path. Good luck with your image.

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Dan is absolutely right as to marketing. It is a very competitive market and there are a lot of players out there. I sell an occasional outdoor image, but if I had to depend on that to buy my equipment, I'd be using a disposable from K-Mart. As to protecting your copyright, first be careful about putting onto the web. I've heard hundreds of stories of people who have seen their photos appear in magazines, other web pages etc. stolen by people who have no right to them. Retrieval of damages is difficult and costly. Most outdoor photographers have established markets for their products. Some do "stock" photography, but they post hundreds if not thousands of "good" images with a stock company to make a living. I don't want to sound discouraging, but if it was easy there would be a lot more people making a living at it. Keep taking photos and put together a portfolio of your best ones, then contact a magazine or company that might be interested in the subject matter of your photos. Good luck!

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Wow! That's a great pic. The loon in the middle is perfect.

- Vern

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Sweet shot, Wallydog.

In the "for what it's worth" category, I think you really have a panoramic crop here. If you crop out the lower part of the photo where the darks are, and a bit off the top, but leaving the side-to-side alone, I think this excellent image will be even more excellent.

Great work!

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You are correct!!! That is a beautiful image.

I tend to agree that a panoramic crop on this image would definitely enhance it.

Perfect timing. Kudos to you for being ready and recognizing the shot!!

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Very nice indeed! I also agree with the pano. Beautiful as is however.

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I agree as well, pano would be good or take some from the left or the right and the bottom to off center the sun and remove some of the dark. That is a beautiful image though. I was up there last week as well.

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