1/8/2018 0 Comments Photography CopyrightsJayne Mansfield Photography copyrights. " Copyright is a property right. Under the Federal Copyright Act of 1976, photographs are protected by copyright from the moment of creation. According to the U.S. Copyright Office, the owner of the “work” is generally the photographer or, in certain situations, the employer of the photographer. Even if a person hires a photographer to take pictures of a wedding, for example, the photographer will own the copyright in the photographs unless the copyright in the photographs is transferred, in writing and signed by the copyright owner, to another person. The subject of the photograph generally has nothing to do with the ownership of the copyright in the photograph. If the photographer is no longer living, the rights in the photograph are determined by the photographer’s will or passed as personal property by the applicable laws of intestate succession. FAQS I paid my photographer, don’t I own the photograph? Sometimes it is thought that anytime someone purchases a portrait session they own the photographs, however, this is not true. When is copyright created? Do I have to register it? Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time. In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copy right. However, registration is not a condition of copyright protection. U.S. Copyright Office What if I want to give my copyright? Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent. U.S. Copyright Office TIPS TO APPROACHING SOMEONE WHO HAS VIOLATED COPYRIGHT Oh this is opening a can of worms but sometimes someone may simply violate and really have no idea. I tend to believe the best in everyone so I try to give a benefit of the doubt and talk to them directly. A simply nice email reminding them of contract terms and copyright laws may be sufficient! I strongly suggest that before jumping the gun to send a heated email to take some time to draft and think about what you’re going to say. Copyright infringement should not be tolerated but professionalism is a must! Information above found here https://www.thelawtog.com/copyright-laws-for-photographers/ Mamie Van Doren Facebook Policy Content I posted was removed because it was reported for intellectual property (copyright or trademark) infringement. What are my next steps? When we receive a report from a rights owner claiming content on Facebook infringes their intellectual property rights, we may need to promptly remove that content from Facebook without contacting you first. If we remove content you posted because of an intellectual property report through our online form, you’ll receive a notification from Facebook that includes the name and email of the rights owner who made the report and/or the details of the report. If you believe the content shouldn’t have been removed, you can follow up with them directly to try to resolve the issue. If the content was removed under the notice and counter-notice procedures of the United States Digital Millennium Copyright Act (DMCA), you may be able to file a DMCA counter-notification. Similarly, if the content was removed based on U.S. trademark rights, and if you believe the content should not have been removed, you will be provided an opportunity to submit an appeal. In these cases, you'll receive further instructions about this process in the notification you receive from Facebook. BRIGITTE BARDOT What Is Infringement? Copyright is a bundle of exclusive rights. Section 106 of the copyright law provides the owner of copyright in a work the exclusive right: To reproduce the work in copies To prepare derivative works based upon the work To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending To perform the work publicly To display the copyrighted work publicly In the case of sound recordings, to perform the work publicly by means of a digital audio transmission. Section 501 of the copyright law states that “anyone who violates any of the exclusive rights of the copyright owner ...is an infringer of the copyright or right of the author.” Generally, under the law, one who engages in any of these activities without obtaining the copyright owner's permission may be liable for infringement. Nevertheless, there are several limitations of the exclusive rights of the copyright owner. The copyright law provides exemptions from infringement liability by authorizing certain uses under particularized circumstances. These exemptions are enumerated generally in sections 107-122 of the copyright law. Information above found here https://www.copyright.gov/help/faq/faq-infringement.html Bette Davis All the above is essential, very important information to know if you're a model working with photographers. To put everything simply and in s nutshell. 1. The photographer who takes images of you, owns them 2. Without any signed release or contract in writing, the photographer who takes images of you own them 3. You must get it in writing, if you're a model wanting equal copyrights or full copyrights 4. Only the photographer can give legal copyrights 5. You can pay to be photographed, get paid to be photographed, or agree to equal trade. The photographer who took the images owns them 6. Facebook follows photography copyright infringement laws 7. Facebook will not get into any personal drama between a model and photographer. If an image is reported for infringement of intellectual property, copyright infringement or infringement of trademarks, Facebook will automatically remove that or those images 8. Not listing credits, altering images, selling images, getting images published without permission, or posting images without permission from the copyright owner, will result in images being removed by Facebook 9. Copyright infringement laws were created in 1976 to protect photographers and videographers against the use of images without permission, against altering images, having images published without permission, and it selling images. 10. On the flip side. Any photographers that photograph you can legally post to the public, any images they took and own. They do not legally need permission from the model, as models do not own the copyrights. 11. You can have a disagreement with a photographer, you can choose not to work with them, or they choose not to work with you again. You can stop modeling, your boyfriend can tell you to stop modeling, you can be in school now and quit modeling. Gina Lollobrigida No matter what the situation may be, photographers own the images they take, period. They have full legal rights to post images of you, use images for promotion in ads, on their pages, website and portfolio. They are also allowed to have prints made. They can alter any image they took of you and post it, without your permission! Any of the things listed above that the photographer has legally rights to do with image's they own, models do NOT! If an agreement was broken, if images posted without credits and permission, any images altered, sold or published without permission and consent from the copyright owner, is copyright infringement!!!! If you owe a photographer money, I highly doubt they'll give permission to post images of you that they own. Marilyn Monroe Hard as a model myself to fully grasp the concept of images of me and I don't own them what so ever! Even if no contract, no release. And it's extremely easy to report copyright owner to Facebook and have images removed, that you don't own.
Please feel free to research this very topic. The laws are clear. If you emotionally have an issue accepting the copyright infringement laws, then try to change them one-day. But for now and since 1976 those are the clear cut laws!!!! So basically unless you have it in writing that the photographer is giving you equal copyrights, you will never own any images taken of you. Once in my career this happened to me, before I researched copyrights. I even had a release from the photographer, that we both signed. But no where in that contract gave me any copyrights. We had a disagreement and about 7 whole months later she reported 2 images of me that are took, for copyright infringement. Facebook immediately removed both images. So I'll say once again, if at all possible on your end, always end each and every business relationship or agreement ona positive note with the photographers who own the images they took of you. At any given moment, for any reason they decide, they can report images they own. This includes video! Again, if you owe money, have any unfinished biz, I suggest squaring everything away in a professional way, before assuming the copyright owner will allow you to post to the public. Pinup Talk host Dianna Prince
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1/6/2018 1 Comment Success is defined by YOU!Back on the subject of winning awards, titles, covers and getting A's in school. I believe that those who aren't impressed with things like those, and don't hold a high merit to such things, fall into these categories. 1. Someone who never furthered their education beyond high school. 2. Someone who never got high grades in school. 3. Someone who's never won an award or certificate of achievement. 4. Someone who's never paid to learn and attend school. 5. Someone with no interest in being seen as the best, being at the highest level in their field 6. Someone who's never been a teacher and had students just do the bare minimum, verses students that went above, therefore excelling over others. 7. Someone who's never enter a contest. 8. Someone who's never spent weeks, months or years working hard at a single project or goal. 9. Someone who always found it super easy to land A's in school. 10. Someone who's never had to sacrifice to reach their goals. Those of us that have entered contests, have been up for awards, have paid to further our education, have spent weeks on a single school project, etc.,etc. Any of the things above, all or one. The taste of victory, the recognition not only by piers but by highly trained professionals in our field, the feeling of accomplishment, the sense of achievement! If you've never went the extra mile, above and beyond, went after something that was a sheer challenge, never had competition, never had to pay thousands for education, and never received an A, based upon YOUR hard work, efforts, talent, skill and knowledge,... Then of course things like notable titles, notoriety within your industry, impressing your instructors, out living and excelling over your piers, winning awards, achieving a very high level in your field, and being the best YOU, at what you do, won't mean anything!!! Jayne Mansfield Striving to be the best, never giving up on challenges, competing with others, applying yourself and doing MORE that what's required to participate, MORE than what's required to simply pass, MORE than everyone around you is doing, succeeding at goals,..... when you win an award, gain a title you went after, land a magazine cover, get asked to model for designers, and YES scoring A's And A pluses, gain recognition, IT'S ALL WORTH IT! Worth the blood, sweat and tears! Worth the challenges. Worth investing money and time. I Love Lucy Achievements are big or small based upon who you're asking. Landing a magazines cover is a big deal to so many people in and out of modeling. To some, it's not a big deal unless it's a major publication. To others NOTHING is a big deal unless you're gettyng paid alot. Same as winning pageant titles and awards. It being a major accomplishment is defined by the individual, not by those who aren't involved, aren't enrolled, aren't sacrificing and determined. Sophia Loren I know of gals that spend thousands to enter, train and get wardrobe, just for a single contest or pageant. One of my photographers who's won photography awards put it best, and simply. He said, you don't enter contests just for the prize or physical award. You enter to win! You enter to be noted as the best! You enter for the recognition. He also went on to say, that you can literally spend weeks preparing a single image, time entering and submitting and money on a high quality print, plus high quality frame, just to win $100, a trophy and or piece of paper naming you the winner. All that time and money invested and there can be only one winner. Diana Ross Similar to athletes, actress going up for a part or trying to land a contract with a major agency, etc. Being The Chosen One, being selected and named the best, landing that part, landing that cover, having an instructor say you've really impressed them, scoring A's on exams that were very challenging,..... positive achievements that just DON'T have to be seen as such to EVERYONE!!! Eartha Kitt 1940's I don't enter contests, I don't go up for awards. I'm not trying to be the best in the world, have millions of fans and be richer than my wildest dreams. I value every goal I've set and met! No A in school thus far, has been EASY! So yeah, they're a big deal, period and I don't need everyone to define my hard work and success based upon their personal opinion. Audrey Hepburn Liz Taylor Marilyn Monroe Very difficult to put a general price on happiness and self achievement! Or define it's importance to others.
Sandy Rocket and Roxy Belle Vintage Stylist Dianna Prince Photographer Tim Quesenberry Goodtimes Barber Shop Las Vegas, NV Just published in Miss G.I. Dream Girl Magazine. December 2017. Goodtimes Barber Shop Sandy Rocket RoxyBelle
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