The 411 On Copyright For Net Photos

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The 411 On Copyright For Net Photos Essay, Research Paper Introduction Wow – who owns all these pretty pictures? Net Photog’s See me, feel me, touch me, pay me. Net Agencies Service with a click of a mouse. Net Publishers All is fair in love, war and publishing. Net Users Free ride! INTRODUCTION If Francesca were alive today she could track her lover’s photos from his homepage instead of schlepping to the Piggly Wiggly to purchase the latest National Geographic. Even if you are stuck in Peoria,[1] the family can gather around the key board, open up your Happy Meals and view some of the Best Photography in the world. You want pictures? Boy do we have pictures, click onto the Photo Net Index for a inventory of photographers portfolios, galleries, and museums. Who owns the

copyrights to all these cool Net photos? This paper presents a sampling of opinions and predictions about the application of copyright law to Net photos in relation to contemporary photographers; stock photo agencies; publishers; and Net users. THE NET PHOTOG ENTREPRENEUR NET ADVANTAGES Contemporary Photographers are creating homepages to display portfolios on the Net to advertise for jobs, learn new skills, network with colleagues, and provide pleasure to the viewing public. Stacy Rosenstock’s portfolio is an example of the excellent photo art available for viewing on the Net. Photographer/author/adventurer Philip Greenspun uses photos to accompany text in Travels With Samantha Mr. Greenspun says that viewer response is one of the rewards for publishing on the Net.[2] The Net

is a unique medium for photographers, offering one-on-one feedback from viewers, fellow photographers and critics on a scale not available from the typical art gallery or magazine venue. The scale is larger in terms of the number of potential viewers and the boarderless international viewing audience who may choose to browse. A computer savvy photographer may create a homepage portfolio or seek display with one of the on-line galleries such as that Digital Wave Gallery, or that On Line Gallery. A photographer choosing the Net as a display venue can also use the net to learn about copyrights. The American Society for media Photographers offers easy to read copyright information in the that Copyright Guide for Photographers . INFRINGEMENT ENFORCEMENT When a photographer discovers a

photo has been published without authorization, the photographer maybe able to secure an injunction, recover actual damages and lost profits.[3] Mr. Weisgrau and Mr. Remer point out the legal advantage to writing a copyright notice on the photograph consisting of (c)1995 Artist’s Name.[4] That advantage is possible elimination of the innocent infringer defense.[5] Innocent infringers may only be liable for a fair licensing fee.[6] An order to sue an infringer the copyright holder must register the photo.[7] In order to register the photo, the photographer must possess the photo. Traditionally this is not a problem because the photographer would have a negative, or a print or a slide or some tangible object as a photo. If the photographer has scanned the photo onto a home page

or provided the photo to a gallery then there would be no problem if the photographer retains the original. See Philip Greenspun’s FAQ on photo scanning. Similarly a CD disk photo would also be tangible to register. However when a photographer uses a filmless camera this projects images directly onto a computer for real-time adjustment.[8] If a photographer were to upload this kind of photo, some tangible print would still be required for registration.[9] The problem of “fixation’` as it relates to photo’s on the Net will usually arise in the context of whether or not a photograph was “copied’` by an infringer.[10] Certain ephemeral artworks like the type produced by Christo, have been the subject of controversy in terms of the fixation requirement for copyright