lgbt yaker wrote:
I am neither an attorney nor a good photographer, but I think there may be some questionable interpretation here about how one protects his or her intellectual property. I think once you place a photo in a public forum, whether here or Facebook or another public site, then you have pretty much given up any copyright on the image .. and even if you think you still own in, if 10,000 people grab it and use it, you will never be able to keep up with any 'cease and desist' requests. The best method of maintaining 'ownership' is to first not post it in a public place and second to identify specific legal and copyright issues if you do post it.
You don't relinquish your copyright by posting to a public site. As the creator of the original representation you own it until you sign away your rights as in the case of the contest agreement.
The only time you wouldn't own the copyright is if it was a work for hire. Even then I always retain copyright and my client receives usage rights. Posting copyright notices won't stop people from stealing your images. I would recommend adding copyright information to the IPTC meta data, though . I used that method twice to prove ownership when my work was stolen.
If you guys are worried about your fishing buddies selling your images maybe you need new buddies. If you're worried about the general public then do it right and register your images through the Library of Congress. That's the only surefire way to maximize potential litigation rewards and you get a certificate you can show off. ;-)
As for the photographers selling the same image were they identical or just very similar? If they were shooting together it's plausible that thy captured the same scene while standing beside each other.
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