Asserting ownership

[Grumpy John]

I would like to start making postcards and prints of the photos that I've taken in the local area in the hope that I'll be able to sell them through some of the local tourist shops. I was wondering if putting your name on the photo together with the © logo is enough to claim ownership of the image, or do you have to go to greater lengths.

[BobR]

John, been a long time since I have been down this path. Ownership and copyright are two different things. You automatically have copyright though marking the print would reinforce this. If you licence a print for use you still retain copyright and ownership unless the license terms state otherwise. Your biggest problem will come from someone who does not care.

[petersemple]

What I heard from people in the music game is that owning copyright and proving copyright are two different things. One of the main things that happens when trying to prove copyright, is that you must be able to prove that you had a copy of a work earlier that anyone else can prove they had it. One method suggested is to mail a copy of it to yourself registered post, and keep a record of the delivery information and barcode numbers, and then do not open the parcel. That way the parcel can be opened if needed in court, and you have proof that it was in your posession on a particular day (the day it was delivered). I have no legal training and therefore no guarantee that this would in fact work, but it sounds like a decent start, and not terribly expensive.

[Chief Tiff]

One method suggested is to mail a copy of it to yourself registered post, and keep a record of the delivery information and barcode numbers, and then do not open the parcel.

I've come across this method as well, it was regarding copyright of manuscripts.

[malb]

What I heard from people in the music game is that owning copyright and proving copyright are two different things. One of the main things that happens when trying to prove copyright, is that you must be able to prove that you had a copy of a work earlier that anyone else can prove they had it. One method suggested is to mail a copy of it to yourself registered post, and keep a record of the delivery information and barcode numbers, and then do not open the parcel. That way the parcel can be opened if needed in court, and you have proof that it was in your posession on a particular day (the day it was delivered). I have no legal training and therefore no guarantee that this would in fact work, but it sounds like a decent start, and not terribly expensive.

Good concept, but I doubt that Aust Post would keep a permanent record of an uncontested delivery for very long, so you would only have your records to rely on. Probably do just as well to print a date on a copy and save it, still your word against whoevers. I used to deliver for AP, and think that they retain records for uncontested deliveries for about 3 months, you generally have 45 days to enquire about undelivered or damaged articles.

[tea lady]

If they are postcards couldn't you just send yourself a postcard?

[Sturdee]

One method suggested is to mail a copy of it to yourself registered post, and keep a record of the delivery information and barcode numbers, and then do not open the parcel. That way the parcel can be opened if needed in court, and you have proof that it was in your posession on a particular day (the day it was delivered).

Close, but instead of mailing it to yourself, after having signed across all flaps on the back you mail it by registered post to your solicitor. They will record it in their inward mail register and keep it in their files unopened until needed in court.

Your own statements may be doubted but your solicitors affidavits (supported with the unopened envelope) would be gospel in court proceedings.


Peter.

[Sebastiaan56]

None of the above will stop an enterprising person taking similar images from slightly different angles, lighting etc and producing a competing product.

What is more of a concern is if they get online, I think you will pretty much have lost them if that happens.

[SAISAY]

I put an invisible watermark on mine.
It cannot be seen with the naked eye but it is always there

Can you see it?
Digimarc (DMRC) - Discover Media the Digimarc Way
It is part of Corel Printshop, I guess the other photo imaging programs will have it too.
I also always use Exif data on my images.
Cheers
Wolffie

[SAISAY]

You could also take a print to JP and have it witnessed.
That is legal proof of your original image.
Apart from that, I have a USB stick that only contains my images.
With the EXIF data, that cannot be contested.
Cheers
Wolffie

[Master Splinter]

Digimark is snake oil, and easily removable (and won't be there in the first place if it is a scan from a postcard), and EXIF data can be altered to be anything you want it to be.

The first image has the Digimark stripped off, the second has the EXIF data changed.

[SAISAY]

Digimark is snake oil, and easily removable (and won't be there in the first place if it is a scan from a postcard), and EXIF data can be altered to be anything you want it to be.

The first image has the Digimark stripped off, the second has the EXIF data changed.

Actually, both have digimark and exif data.
That was not the point, you will still have the original and can prove it is yours.
Cheers
Wolffie

[SAISAY]

AAAH, you mean you have made copies of it?
Well, I still have the originals which nobody else will have.
I doubt the average copyright thief will go to those lengths, as they would not know about the marks.
Wolffie

[robbygard]

wouldn't having the raw file be sufficient?

[SAISAY]

At least no one else would have a copy of that one
However, not all cameras ar capable of RAW.
Cheers
Wolffie