Copyrights: Protecting Your Photography Kimberly Isles-Towry ITEC 7445-Web Design for Educators July 8 th, 2014

Copyrights: Protecting Your Photography Overview Photographs are among the range of creative works protected by copyright, whether taken by a professional or an amateur. As with other creative works, photos are legally copyrighted when committed to a "tangible form." This includes digital forms that require the use of a machine -- like a computer -- to view them Images may be downloaded for student projects and teacher lessons.

Copyrights and Fair Use Aside from using photography and other copyrighted material for: criticism, comment, news reporting, teaching, scholarship, and research, identifies four additional factors listed in the copyright law that would be used in determining fair use: Whether the copyrighted material is being used for commercial versus non profit educational purposes. The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for, or value of, the copyrighted work

Fair Use Guidelines for Educators According to in most circumstances, a single chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper can be used without violating copyright laws. However, these guidelines DO NOT allow users to: Make multiple copies of different works to substitute books or periodicals Copy the same works for more than one semester, class, or course Copy the same work more than 9 times in a single semester Use copyrighted work for commercial purposes Use copyrighted work without attributing the author

HOW COPYRIGHTS PROTECT PHOTOGRAPHERS Photography copyrights provide photographers the exclusive right to: make copies of their work. prepare other works based on a copyrighted photograph. sell or distribute copies of the work or display the work publicly. safely display their work in art galleries-without the threat of someone copying the photograph. sell their copyrights along with their works to others.

HOW TO PROTECT YOUR PHOTOGRAPHS o Step #1: Log on to to access the Electronic Copyright Office. o Step #2: Create an account online to use the step-by-step online filing process o Step #3: Upload a copy of your work in PDF format o Step #4: Submit the application fee

COPYRIGHT INFRINGEMENT PENALITES Civil Infringement Penalties Civil Infringement Penalties- Injunction- is a legal order to stop using a copyrighted photograph or collection of copyrighted photographs. Financial Restitution- which can include repayment for all income earned using copyrighted material, payments for lost revenue to the copyright holder, and payment of the plaintiff's legal fees.

COPYRIGHT INFRINGEMENT PENALITES Criminal Infringement Penalties Criminal Infringement Penalties- Reimbursing Legal Fees- copyright violators can be required to pay up to $250,000 in fines to the court. Prison-violators of photo copyrights can face up to five years in prison, or up to ten years for each repeat offense.

SCENARIO #1 Robert found a picture of a custom car on the internet. He wants to post the picture on his blog and intends to cite the author. Is it ok for Robert to post the picture of the custom car on his blog?

Scenario #1- Answer The answer is NO!! Robert would need to have EXPLICIT permission from the owner of the photograph in order to post it on his blog.

SCENARIO #2 Marcus wants to use a photo from a movie to display in his brochure that he will distribute to his clients. He plans to alter the photograph in order to be in compliance with copyright laws. Will altering the photo protect Marcus from copyright infringement?

Scenario #2- Answer The answer is NO!! Marcus would be in violation of copyright laws. Adding something to the picture creates a derivative work, which only the owner may create or commission.

SCENARIO #3 Cynthia is a great artist. She decided to sketch a drawing of Mickey Mouse to include on her son’s birthday invitation to give to the students in his preschool class. Is Cynthia in violation of copyright laws?

Scenario #3- Answer The answer is YES!! Even though Cynthia sketched the picture of Mickey Mouse herself, she is still in violation because most cartoon characters are trademarked. It would be a violation of that trademark to distribute a likeness of that character without permission.

REFERENCES Ingram, D. (2014). Photography Copyright Laws. LegalZoom: Legal Info. Retrieved June 14, 2014, from Is Fair Use a License to Steal? Education World:. Retrieved July 8, 2014, from U.S. Copyright Office - Fair Use. U.S. Copyright Office - Fair Use. Retrieved July 8, 2014, from