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Thread: Protecting your pictures

  1. #1
    Member Casey-11's Avatar
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    Default Protecting your pictures

    I've read through quite a few posts from people who have expressed apprehension over their pictures being copied and saved.

    I've also been on sites where people have collected pictures from someone and have used them to represent themselves. At the one end of the spectrum, its just wrong, and and the rest of the spectrum includes identity theft and even cons which extort money from the unsuspecting (I wont define the ultimately bad end of of the spectrum because I suppose its ever moving as the minds of the twisted allow their imagination to run). Anyway, I can understand the concern.

    Still, it is unfair to those models who want their pictures to be viewed without worrying about people stealing them for those purposes.

    My suggestion is this: Watermark your images.

    This is relatively easy to do in almost any picture editing tool. Basically you overlay your image with a transparent layer and choose a color for your watermark, usually white (depending on the color of the image where you want to place the watermark), and then fade it to between 10%-20%.

    Remember to include the © character (alt 0169) and a date if you want to copyright it at the same time.

    The resulting image looks like this...


  2. #2
    Sitri
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    Default Re: Protecting your pictures

    Well,
    You can put all of the copyrights in the world on it, but unless it is actually registered with the federal govenment, you can't enforce it. Even then, you would have to get an attorney and spend thousands.... Unless of course, you can send the nasty letter and scare them into removing the picture.

    What the watermark really does is just smudge the picture and make it visually unusable for them ... which is a good thing..

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    Featured Member discretedancer's Avatar
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    Default Re: Protecting your pictures

    Watermarking with a copyright date...even if not registered with the copyright office...does give you the evidence to take to trial. When I worked in advertising, we had a C-right lawyer go through all it takes to get official copyright/trademark, as well as the less official ways which may be "good enough" in some situations such as personal art. Her point was that if you go to court and can prove the date you created the image/document, and the other side made their release afterward, a judge WOULD PROBABLY side with you and stop the other side from using it. Monetary damages may be another issue

    For some, "edge marking" the image digitally may be an option, though it's not visual, so I'd say it's not a replacement for watermark.

  4. #4
    Sitri
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    Default Re: Protecting your pictures

    Yep, but you have to go to court, you have to post bond to get an injunction, you can not recover attorney fees unless it is actually copyrighted.

    I was just adding in on what the reality is, because if some sleaze is using them they probably have a sleazy attorney and you will get a lot of bills with little satisfaction from the legal system.

    The water mark is a great idea.

  5. #5
    Member Casey-11's Avatar
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    Default Re: Protecting your pictures

    Quote Originally Posted by Sitri
    Well, You can put all of the copyrights in the world on it, but unless it is actually registered with the federal govenment, you can't enforce it.
    Sorry, Sitiri, but I believe you're wrong on this. I hate to point it out because I am not here to debate or to cause dissention, but the fact is that material is copyright protected the moment is created and fixed in a tangible form. You dont have to register unless you plan to sue, which can be done anytime afterward. If registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.

    Registered works may be eligible for statutory damages and attorney's fees if you win the suit. Again, works need not be registered at the time of the theft, but at the time of the suit and within 5 years of creation.

    But be all that as it may, my suggestion was to watermark as a deterrent, not to provide legal recourse against unauthorized reproduction for profit (ie. Mary or George will be less likely to show a picture and claim it is of them if it is stamped "Laura"). Adding the "©" and a date was just going an extra yard.

    If you'd like to research the facts, you can go to the source at www.copyright.gov
    FAQs (Frequently Asked Questions) can be found by following this link:
    http://www.copyright.gov/help/faq/faq-general.html#what

    Among questions specifically answered are:
    Do I have to register with your office to be protected?
    No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”
    When is my work protected?
    Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
    Why should I register my work if copyright protection is automatic?
    Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.
    Last edited by Casey-11; 01-06-2005 at 10:18 AM.

  6. #6
    Sitri
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    Default Re: Protecting your pictures

    Thanks for the factual information. I agree with you, and I guess I did not make my point clear, but being legally correct is not the same as preventing misuse. For anyone to really really prevent someone else from using your picture, it takes MONEY, MONEY , and a process and attorneys.

    The suggestion of the watermark that you have suggested is excellent in that if is the upfront deterent to using the photo. However, I have had federally registered trademarks blatently infringed and even though I was right, I would have to PROVE damages, get attorneys, etc.

    The best defense is a good office and I like your suggestion. I just wanted to underscore that being legally right has nothing to do with getting justice..

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    God/dess tiamaria's Avatar
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    Default Re: Protecting your pictures

    Quote Originally Posted by Casey-11
    I've read through quite a few posts from people who have expressed apprehension over their pictures being copied and saved.

    I've also been on sites where people have collected pictures from someone and have used them to represent themselves. At the one end of the spectrum, its just wrong, and and the rest of the spectrum includes identity theft and even cons which extort money from the unsuspecting (I wont define the ultimately bad end of of the spectrum because I suppose its ever moving as the minds of the twisted allow their imagination to run). Anyway, I can understand the concern.

    Still, it is unfair to those models who want their pictures to be viewed without worrying about people stealing them for those purposes.

    My suggestion is this: Watermark your images.

    This is relatively easy to do in almost any picture editing tool. Basically you overlay your image with a transparent layer and choose a color for your watermark, usually white (depending on the color of the image where you want to place the watermark), and then fade it to between 10%-20%.

    Remember to include the © character (alt 0169) and a date if you want to copyright it at the same time.

    The resulting image looks like this...



    some ideas for blonde bunny

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    Banned MissTaylor's Avatar
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    Default Re: Protecting your pictures

    You can easily copyright something yourself by sealing the document in an envelope and sending it to yourself by certified mail. The document has to remain unopened (I believe). It's been awhile since I took copyright law but I'm 99% sure I'm right. It's just a quick way to get it done. It won't be registered though. Not sure how it would really work for photos though.

  9. #9
    God/dess tiamaria's Avatar
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    Default Re: Protecting your pictures

    Quote Originally Posted by MissTaylor
    You can easily copyright something yourself by sealing the document in an envelope and sending it to yourself by certified mail. The document has to remain unopened (I believe). It's been awhile since I took copyright law but I'm 99% sure I'm right. It's just a quick way to get it done. It won't be registered though. Not sure how it would really work for photos though.

    that's good to know ,thanks for the heads up!

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    God/dess gypsy_girlchild's Avatar
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    Default Re: Protecting your pictures

    Aslo when it is first scanned onto the comp, the comp keeps record sof EVERYTHING, I'm pretty sure if the dates dont' add up with the person that is scamming you w/ your own pics, you can sue your computer as proof that you had them BEFORE the other person..
    Just a thought.
    Please don't lick me, it tickles..



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