Tracking your copyright protected images and photographs on the internet is an important and often time consuming task. Once a digital photo is posted to a website or distributed electronically it is possible for the photo to be misappropriated and used by other folks without your permission. (It’s easy to do, it happens all the time, and often the offenders don’t even know that they have done any wrong.)
Keeping tabs on who is using your copyright protected images is important because, it helps you control your photos, preserve your licensing revenue streams and protects the copyright vested in your work.
One simple way to search for uses of your photographs online is by using Google Images. Google Images allows a Google search to be run on an image, instead of a ‘text search term’. It’s easy; you just drag an image into the search field and click ‘Search Images’.
Try it –> http://www.google.com/imghp
For example, I just ran a search on the cover photo of a book and the results that came up were websites using the image or a similar image. Not all the results listed were infringing uses. Some of the results are legitimate. It’s easy to scroll through the Google Image results and identify infringing uses. (The Google Images search works for artwork too.)
BY: Vanessa Kaster, Esq., LL.M.
When quotes from copyright protected works can be used in other books, blogs or websites without permission of the copyright owner… is a popular topic… lets explore it further.
As I’ve mentioned before that this is a gray area. Unfortunately, there are no set rules about how much or what percentage of a copyrighted work can be used for free (ie without permission of the copyright owner); however, here is a tip to keep in mind. The HEART of a work is heavily protected by copyright law. What does this mean? This could be a famous and popular refrain that embodies the HEART of a famous speech; This could be 300 words out of an unpublished memoir that reveals the key (or HEART) of the story; This could be an original and unique part of a song or lyrics (ie the HEART of the work).
Courts use a sophisticated, multi-part test to evaluate when a portion of a copyrighted work can be used without permission. For the rest of us… using common sense is a good place to start. If you are copying the HEART of someone else’s work to use in your blog, book or website… permission is probably needed.
For more info on this topic see these other two posts: http://t.co/2rhWznM and http://wp.me/p10nNq-fd AND for more info on PUBLIC DOMAIN works that are FREE to use and quote from —> http://wp.me/p10nNq-ft and http://wp.me/p10nNq-gn); @iplegalfreebies and www.kasterlegal.com.
BY: Vanessa Kaster, Esq., LL.M.
For personalized legal services you are welcome to contact me at email@example.com
Contracts come in all shapes and sizes. Musicians, artists, photographers, graphic designers and all sorts of creative folk share their creative genius by taking paid gigs to make, create or share things that they have created with other (perhaps less creative) folks. Take a careful look at the nuts and bolts of the agreement that transfers the right to use your work to others, so that you are clear about what you are giving and getting out of the deal.
Are the use rights for ‘ALL MEDIA’ being given away? If yes, then you have an All Media contract, and it’s important to understand what ‘use rights for ALL MEDIA’ means. All Media contracts are common (virtually standard in the Music Industry)… and their mission is to transfer the rights to use the song or other creative work in ALL types of MEDIA. ‘All types of media’ sounds broad, and it is. For example, transferring the rights to use a music jingle in ALL types of MEDIA includes having the right to use, reproduce and sell it on DVD’s, CD’s, ipad applications.. and possibly any future media outlet that is yet to be developed.
The opposite of an All Media clause within a contract, is a clause that lists the approved types of media where the song or other creative work can be used. For example, contracts that were written to license music for TV sitcom broadcasts back in the 1970’s had to be renegotiated when the networks decided to re-release the sitcoms on DVD. Since the use of the media on DVD wasn’t accounted for in the original contracts, a new crop of contracts were required to cover this type of use.
Be clear about you are giving and getting out of the deal when you share your creative work.
Copyright protects the original expression of ideas but copyright does NOT protect ideas. More…
One extra step is required to copyright work that has already been distributed or sold (ie published). More…
Use the © symbol on your sheet music, photographs, music video clips, website and electronic postings to notify the world that copyright exists in your creative work. More…
Copyright protection for your songs, photos, poems and other creative work is not expensive – it only costs $35 to register online with the US Copyright Office. More…
It’s pretty common to be happily collaborating together today and to fighting over copyright and money tomorrow More…