October 19, 2007

Photographers - It's the "x's and the "o's" that can get you these days ... not the lightsource!

Today everything is digital. Let's face it. If you even had to blink when you read that, you're in serious trouble ... or you have converted your craft to a hobby, which is just as well ... there's nothing wrong with that in my opinion anyway.

The digital world can sometimes be very confusing and very dangerous as well. Fears and dangers we didn't all have to live with just fifteen short years ago.

But the digital world also brings with it a whole new realm possibilities ... for more creativity ... more independence ... better distribution ... new discoveries ... new friends who appreciate your work ... new customers. How great is that?!

There are some simply ways to protect yourself from some of the dangers presented by the new Internet-connected world. Hopefully, this posting will help get you started in the right direction anyway.

Many creative people still depend on the protection of their photographs to make a decent living. And thank goodness they have stuck with it and shared their wonderful talents with the rest of us. I love photography. Always have ... and can appreciate the distinction between an amateur's work and the work of a true professional. All of it is worth protecting in my view.

Today, you need to understand both the aesthetics, light sources, composition, distance, and the ""x's" and the "o's" of photography. You see, everything that is converted to a digital format (which is virtually "everything" these days) is made up of thousands of "x's", "o's", "Pixels", mathematical instructions, and other such things we never needed to worry about before.

But, that's why companies like Getty Images, and Corbis offer photographers what they call a "second defense" against digital piracy, or copyright infringement, of their works. They add digital coding to the back end of a digital photography file that contains elements that the U.S. Copyright Office allows them to independently copyright and register. It's much like both the songwriter, musician, singer, and composer having certain rights to the copyrightable elements they bring to the table to produce a digitally distributed song.

Today, however, you DO NOT have to sign over the copyrights to your original works to one of the large photography companies to gain this added protection. There are simple things you can do yourself with readily available software tools, and easy to follow forms, available over the Internet at very reasonable rates (if not "free") to assist you along the way. We'll write more on how independent photographers can use these tools in a subsequent post.

What you do need to know now, however, is the incredible importance of registering each original photograph you produce. Although you technically own the copyright the instant you take the picture and it is affixed in tangible form, this ownership has virtually no value when you find someone else unlawfully using your work. You have to register your work with U.S, Copyright Office to gain such protection and be able to claim reasonable damages in court. In fact, many lawyers won't even consider taking on your case if the photographs that are stolen are not properly registered and recorded.

You can now register certain works online. This cost is also very reasonable. The U.S. Copyright Office also allows for the registration of multiple works by the same author (photographer, artist, writer, etc.) on one registration form ... for one fee ... AND each individual photograph is protected as an independently registered work.

This is hugely important when the courts are determining what the law calls "statutory" damages in copyright infringement cases. It also helps you to collect attorneys fees and other court costs if you win. Just having these registrations in place will no doubt help you resolve many disputes without the need to file a lawsuit or churn up extensive legal expenses. We at Imageline solve 9 out of 10 of the infringing abuses we discover without having to get involved in a legal action.

The above referenced copyright registration form, and the appropriate extension forms you can use to register multiple photographs (up to 750 on one registration application), is available to the creator of original copyrightable photographs, clipart illustrations, cartoons, page designs, poems, and other such works (see the U.S. Copyright Office instructions at www.copyright.gov).

One of the main reasons photographers have told us they haven't registered their work in the past is because of the time, effort, and expense of registering so many photographs (a common problem, especially when dealing with a professional and their volumes of work). Thank goodness the U.S. Copyright Office listened to our concerns. Their new policies and procedures have made this registration process very easy and reasonable for us all. If you do not register your work now, shame on you. Don't start complaining when you start receiving e-mails, web pages, and other documents that unlawfully display your property.

We all have to follow, and respect, the copyright laws in this country in order to have them work properly and effectively. Unfortunately, there are far too many people out here on the Internet today who think they should be able to steal your work if they so please ... apparently, just because they found it somewhere on the Internet and consider themselves, and their small fraternity of friends and other anti-copyright advocates, above the law. Nonsense!

So, remember this. All of your photographs will eventually be converted to "x"s" and "o's", so that machines can understand them. But don't be alarmed. You can learn this new language and how to use this new knowledge to your advantage quickly and easily these days. It's far easier than using to the correct amount of light on your subjects, believe me!

Keep tuned to this blog (we call it "Nonsense 2.0") for more topics of interest to you and the ever expanding digital photography world. But most important of all, keep on creating and sharing those wonderful photographs that enlighten all of our lives!

Nonsense 2.0 ... a somewhat unusual blog ... we call things exactly as we see them!

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