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COPYRIGHT NOTICE
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Source http://www.kodak.com/global/en/consumer/doingMore/copyright.shtml
Copyright Guidelines
The Board of Directors of the American Society of Media Photographers, the Professional Photographers of America, Photo Marketing Association International, the Association of Professional Color Imagers, the Professional School Photographers Association International and the Coalition for Consumers' Picture Rights, adopt the following guidelines concerning copyright practice for members of the photo industry.
It is reprinted with permission given by the Photo Marketing Association International.
Customer Copyright Information Copyright can be confusing. What is copyright, who owns what, why all the fuss, how can I get copies made, and are there any exceptions or questions that frequently rise. This is designed to provide information to help customers understand why some photos cannot be copied by the lab.
What is Copyright? The U.S. Constitution and the Federal Copyright Act give "copyright" protection to "authors" for their "original works," such as photographs. Among the protections that copyright owners have are the exclusive rights to:
These rights are protected by laws which provide for damages and criminal penalties for violations. Both the customer and the lab are subject to the law.
Who Owns What? The law says the "author" is the owner of the copyright. The author of a photo or image is usually the person who snapped the shutter or created the image. If you took the photo, you own the copyright. If a professional photographer took the photo for you, then he or she owns the copyright. If that photographer is an employee of a studio or other person in the business of making photos, then his or her employer is considered the author.
Prior to 1978, court cases said a customer who commissioned a photo was the employer of the photographer, so customers could get reprints made without any problem. In 1979, the U.S. Supreme Court said that was no longer true. To be an employee, the court said a person would have to be considered an employee under the traditional tests such as are used to impose payroll taxes, social security, and similar laws. That is not the usual customer-photographer relationship.
Why All The Fuss? The primary reason is economic. Photographers feel they invest a lot of time and creative energy in getting experience, and setting the camera, pose, lighting, background, and extra shots to get the right one. They generally price their services by taking into account the fact customers will purchase their prints from the photographer. Thus, the photographer wants the customer to come to him or her to request reprints so an appropriate fee can be charged.
Some photographers charge a realistic fee "up front" to compensate for their services, whether or not prints are ordered. They may authorize the customer to have prints made anywhere.
Some photographers also are concerned about artistic integrity. Since their name is associated with the photos, they want control over how the reprints look. There may be many other reasons. You are encouraged to discuss these issues with your photographer. That way, his or her position can be fully explained, and you can obtain the additional copies you desire.
How Can I Get Copies Made? If we cannot make the copies for you, go to your photographer and request them. A professional photographer will do their best to see your needs are met. If they cannot make the copies, they may authorize us to make them. A consent form is available for you to take to the photographer.
Are There Any Exceptions? Generally no. In some unique circumstances, we may be able to consider special requests. We will gather the information, investigate to the extent necessary to see if permission can be obtained, and make a decision based on our best judgment of how the law applies. Please understand if we tell you we cannot make the copies. It is our legal obligation to protect the photographers to the extent possible, and to keep you and ourselves from incurring liability.
All members of the Photo Industry should:
The Photo Industry agrees to work together to develop further guidelines and practices relating to:
The Board of Directors of the American Society of Media Photographers, the Professional Photographers of America, Photo Marketing Association International, the Association of Professional Color Imagers, the Professional School Photographers Association International and the Coalition for Consumers' Picture Rights, adopt the following guidelines concerning copyright practice for members of the photo industry.
It is reprinted with permission given by the Photo Marketing Association International.
Customer Copyright Information Copyright can be confusing. What is copyright, who owns what, why all the fuss, how can I get copies made, and are there any exceptions or questions that frequently rise. This is designed to provide information to help customers understand why some photos cannot be copied by the lab.
What is Copyright? The U.S. Constitution and the Federal Copyright Act give "copyright" protection to "authors" for their "original works," such as photographs. Among the protections that copyright owners have are the exclusive rights to:
- Make copies of the work
- Prepare other works based on the original
- Distribute copies of the work to the public by sales, rental, lease, or lending
- To publicly perform and display the work.
These rights are protected by laws which provide for damages and criminal penalties for violations. Both the customer and the lab are subject to the law.
Who Owns What? The law says the "author" is the owner of the copyright. The author of a photo or image is usually the person who snapped the shutter or created the image. If you took the photo, you own the copyright. If a professional photographer took the photo for you, then he or she owns the copyright. If that photographer is an employee of a studio or other person in the business of making photos, then his or her employer is considered the author.
Prior to 1978, court cases said a customer who commissioned a photo was the employer of the photographer, so customers could get reprints made without any problem. In 1979, the U.S. Supreme Court said that was no longer true. To be an employee, the court said a person would have to be considered an employee under the traditional tests such as are used to impose payroll taxes, social security, and similar laws. That is not the usual customer-photographer relationship.
Why All The Fuss? The primary reason is economic. Photographers feel they invest a lot of time and creative energy in getting experience, and setting the camera, pose, lighting, background, and extra shots to get the right one. They generally price their services by taking into account the fact customers will purchase their prints from the photographer. Thus, the photographer wants the customer to come to him or her to request reprints so an appropriate fee can be charged.
Some photographers charge a realistic fee "up front" to compensate for their services, whether or not prints are ordered. They may authorize the customer to have prints made anywhere.
Some photographers also are concerned about artistic integrity. Since their name is associated with the photos, they want control over how the reprints look. There may be many other reasons. You are encouraged to discuss these issues with your photographer. That way, his or her position can be fully explained, and you can obtain the additional copies you desire.
How Can I Get Copies Made? If we cannot make the copies for you, go to your photographer and request them. A professional photographer will do their best to see your needs are met. If they cannot make the copies, they may authorize us to make them. A consent form is available for you to take to the photographer.
Are There Any Exceptions? Generally no. In some unique circumstances, we may be able to consider special requests. We will gather the information, investigate to the extent necessary to see if permission can be obtained, and make a decision based on our best judgment of how the law applies. Please understand if we tell you we cannot make the copies. It is our legal obligation to protect the photographers to the extent possible, and to keep you and ourselves from incurring liability.
All members of the Photo Industry should:
- Recognize the photographer or studio as the owner of the copyright in his or her photographs in most circumstances, particularly in the case of professional portraits.
- Encourage greater enjoyment of photography through the use of photographs, made in compliance with applicable taxes.
- Encourage all members of the photo industry to educate and inform their customers and employees of the requirements of the copyright laws, and the need for adherence to and support of those laws. This should include working to educate the public that the purchaser of a photograph does not automatically obtain the right to make copies.
- Provide reasonable notice to customers that the permission of the photographer is necessary under federal copyright law in most circumstances for copying or other manipulation of a photograph.
- Support and work together to obtain amendment of the Copyright Act to eliminate copyright registration as a precondition for statutory damages and attorneys' fees in cases involving photographs, provided however, that the amendments also bar any award of statutory damages or attorneys' fees for innocent infringement. The parties will work together and with Congress to make clear the meaning of "innocent infringement."
- Recognize that when infringement occurs that is not innocent, statutory damages and attorneys' fees may be awarded. Substantial awards should be made in cases of willful infringement, or repeat infringement after notice. Where infringement is innocent, no statutory damages or attorneys' fees should be awarded.
- Endorse the development of a voluntary identification system for copyrighted photos so that labs and other users may properly locate, seek permission from, and compensate copyright owners for their copyrighted work.
- Work together to promote the growth of the industry and ensure that new imaging technologies are used in responsible ways consistent with the rights of all concerned.
- Prior to completion of the sales process, provide notice to customers of the photographer's ownership of copyright, in an effort to avoid confusion about the rights of the photographer.
- Provide customers with the information necessary to obtain additional copies of the photographs.
- Where reasonably possible, identify and mark their photographs sufficiently to permit others to know whom to contact to obtain permission to copy, electronically or otherwise manipulate, or prepare other derivative uses of the photo.
- Respond promptly to requests for permission to copy, electronically or otherwise manipulate, or prepare other derivative uses of the photo, although there is no obligation to grant such permission.
- Give written notice to the photo processor when a photographer believes his or her copyright has been infringed, in an effort to prevent further infringement, or determine the cause of the alleged infringement, and to permit possible resolution of the matter without the need for litigation.
- Notify customers that the photo processor does not copy or manipulate photos bearing a copyright notice without the permission of the copyright owner names in the notice.
- Provide notice to customers, where applicable, that copyrighted photographs will not be accepted without the permission of the photographer (e.g., "No Copyrighted Photos"), when photo processors use promotional techniques, such as mail order and drop boxes that are within their control. Where the promotional techniques are not within the control of the photo processor, the person in control should be requested to provide such notice.
- Educate and inform responsible employees about their responsibilities, under copyright law and established policies and practices.
- Inspect the front and back of photographs submitted for copying to determine if a copyright notice, or other notice that the work is professional (such as a studio name or logo), is present or appears to have been removed. In either event, the photo processor should decline to copy or manipulate the photograph unless the customer reasonably establishes that copying is permissible.
- Inspect the front and back of an unmarked image submitted for copying to determine if it is reasonably recognizable as a professional photograph. Questionable cases should be separated from routine orders and brought to management's attention. Reasonable efforts should be made to determine whether the image is a professional image.
- Utilize the following guidelines in evaluating a request to copy photographs which the photo processor has reason to believe may be professional:
- It is generally reasonable for a photo processor to rely on a written consent to copying or other manipulation from the photographer or studio named in a copyright notice or other marking.
- Where the image is identified as a professional photograph by a mark, or it reasonably appears that a mark has been altered or removed, it generally is not reasonable to rely solely on statements by customers claiming a right to copy the photograph.
- Where there is no marking identifying a photograph as a professional photograph, but there is a question about whether the photograph is professional, it is generally reasonable for a photo processor to rely on a written statement by the customer that the customer understands that copies must be authorized by the photographer and that he or she is the photographer, or has received such authorization.
- Circumstances such as prior written warnings from a photographer or prior dealings with a customer may indicate that further confirmation is necessary.
- Copying or restoring a photograph for the personal use of a customer may be reasonable in cases where the age of the photograph or the circumstances are such that the photographer or studio is unlikely to object to copying, and all reasonable efforts have been made to obtain permission from the photographer. The industry will work together to develop further guidelines for such copying.
- It is generally reasonable for a photo processor to rely on a written consent to copying or other manipulation from the photographer or studio named in a copyright notice or other marking.
- Document a claim of "fair use" in writing by an identified customer, with a description of a legitimate fair use, and the copy or manipulation should be appropriate and limited to the fair use purpose which is claimed. The industry will work together to develop further guidelines for such copying. These guidelines are not intended to strengthen or weaken the doctrine of fair use as incorporated in the Copyright Act and as developed by the courts.
The Photo Industry agrees to work together to develop further guidelines and practices relating to:
- Practical and effective means of identifying photographs as professional photographs.
- Standardize copyright warnings.
- "Fair use" copying.
- Restoration and copying of photographs where the age of the photograph and the circumstances are such that the photographer or studio is unlikely to object to copying.
- Processing of undeveloped customer film on automated equipment, where determination of the content of the latent images and the detection of infringement may not be possible.