Copyrighting images and why we do it!!!!!

I wanted to talk about copyrighted images and what the laws entail!  We've posted this earlier, but I thought it was worth doing again!

When an image is taken, it is the property of the photographer. When I sell a copy of that image to a customer, the image itself is still the property of the professional photographer, as deemed by the copyright laws of the United States and International law as well. The same thing applies to written word, be it books, magazine articles or newspaper stories. They are the property of the publishing entity.

When an image is copyrighted, you can not copy it or manipulate that copy in any way, shape or form without the consent of the creator. If I sold the copyrights of a set of images to ABC Jackhammer Company, they would then hold the rights to those images.

Furthermore, a one hour photo lab can't copy these kinds of images without a written release from the photographer. Some stores, Walmart being the most notable, have a policy that states if any professional images, regardless of creation date are presented to their photo labs, they may not be copied at all, even if the image is from 1908!! This is their company policy...figuring that if their policy is stricter than the federal law, no one will violate it! There is a workaround for the 1908 situation, but we won't get into it here!

Copyrighted images are identified by several methods:

1. the standard c within a larger circle on the front or back of the image
2. printing on the back of the image stating that the image is a copyrighted work and may not be reproduced. Many professionals use photographic paper with this writing on the reverse
3. name of the photographer or studio business on the front and/or back of the image...when we do images for Facebook posting, we brand them like the one above of Bree!

It should also be noted that copyrighted images DO NOT NEED TO CONTAIN ANY OF THESE ITEMS TO BE CONSIDERED COPYRIGHT PROTECTED. The smart copyright holders do take these steps to protect themselves, but they can still be covered without them!

All images that are taken by Richard Soukup Photography are copyrighted to us and can't be used without our permission. What we do when we sell a CD is to allow the client (Senior or wedding clients as two examples) to reproduce them for their own benefit, in what is referred to as a "license to copy". There are some restrictions, such as not allowing them to be used for commercial usage and others, but for the most part, it is not terribly restricted.

If a CD is not a part of the package or order we sell to the client, the client must order all prints from us and can't reproduce, scan or copy the image in any way without our company consent.

So why is this a big deal to us?

Several reasons:

1. by controlling the printing of the images, the copyright holder controls the quality of those images. Poorly printed images make us look less than professional.
2. by controlling the use of these images, there is a better possibility that they won't be used to invade the privacy or lives of my clients. I've seen instances of publications using professional images created by a wedding photographer, printing them in their publication and not only using them to embarrass the couple, but also not asking the permission of the photographer...a violation of the law.
3. usage of the images of clients for the purpose of promoting a cause of point of view that the couple may not support or agree with. There have been instances of this happening to other people.
4. hurting future income (which is a minor one for me!). I am usually pretty understanding on this point, because of many situations, but my bills have to be paid too!

Our position on copyrighting our images and company policy is coming up in a future blog entry!

Comments are always welcome!!