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A judge has ordered in the Lenz v. Universal Music case that copyright owners must consider whether an unauthorized use of a copyrighted work qualifies as fair use before sending a “DMCA takedown notice.” A takedown notice is used by copyright owners to ask Internet Service Provide...
Trademarks (or servicemarks) allow people to identify the source of goods or services, not the products or services themselves. When people see your trademark, they will know where the product came from or who is providing the service. Trademarks can be names, symbols, packaging, the shape of a...
Many photographers enter into contracts with clients where the photographer agrees to perform photography services in exchange for payment. But what happens when you don’t get paid after you’ve rendered the services?
You’re sitting in your easy chair and surfing the web. You’re not paying much attention, until you see it. It’s your photo, but you did not post it there. You can’t believe they used your photo without your permission. Now what do you do? The steps you take may limit your...
It’s easier than ever for someone to steal your photographs in this digital age. While the copyrights for your photographs are created at the click of the shutter, the best way to protect your photographs is to register them with the U.S. Copyright Office. You can register the images yours...
Finding an unauthorized use of your photograph on the web is upsetting. But what can you do about it? You can contact an attorney for assistance. But if you haven’t registered your photo in advance of the infringement, then you won’t be eligible for statutory damages. Attorneys will...
These days, photographers are likely to find one or more of their images used without permission. One defense is often that it is a “fair use.” The challenge is determining whether the unauthorized use is an infringement or fair use. While only a court of law can make that decision,...
The U.S. Copyright Office recently began beta testing for its new “eCO” (electronic Copyright Office) web-based registration system. Joseph J. Delconzo, a professional news photographer signed up for the testing.
Copyright infringement is much too common these days. To reap the big statutory rewards (of at least $750 and up to $150,000 for willful infringements, plus costs and attorneys’ fees) from prosecuting infringements, you must have registered your photograph with the U.S. Copyright Office pr...
Marketing is easily the most befuddling aspect of the photography business that people just can’t seem to get. Whether art directors who might hire you, ad agencies who license your photos, or art buyers who buy your prints, how to get noticed by clients is the holy grail to building a suc...
When you own the copyright of a photograph, you have complete and exclusive control of how it is reproduced, displayed and distributed. These rights may be assigned, sold, transferred or given away. But if you give a slide to a publisher, email a digital file to a client, or sell a print at an a...
Editor’s note: The author first published this article around 5 years ago. A similar version of the truisms appears in the author’s 2005 book, “Profitable Photography in the Digital Age.” For more information visit www.danheller.com/truisms. Readers are invited to re...
I built websites for years before nature photography ensnared me, so when it came time to build a site to show my photos I thought it would be a breeze. I applied every skill I had used building corporate intranet sites, and produced a site that was, well, blah. It had no life; it was sterile an...
Many photographers are looking for ways to market their images or share them with family and friends. Creating your own web site has been the most tedious and time-consuming option. While providing you with a high degree of control over the presentation “look and feel,” developing a...
I’m often impressed by the ability of photographers to remember a tremendous amount of information about their photographs. Quite often they are able to look at an image and immediately recite where they were, what time of year it was, what time of day it was, what lens they were using, wh...
