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(Message started by: brandon keairns on May 3rd, 2005, 6:23pm)

Title: photocopywriting
Post by brandon keairns on May 3rd, 2005, 6:23pm
i just had a portfolio made of my son, can anyone tell me how i can get these photos copywrited, as well as his likeliness?

Title: Re: photocopywriting
Post by JSonnabend on May 4th, 2005, 8:42am
The photos are copyright already, although you can get a registration by submitting the proper forms and fees to the Copyright Office.  See www.copyright.gov.

Likenesses are generally not registered, and protection of them falls under various state laws.  Various state laws concerning rights of privacy -- a related topic -- may also be relevant.

Do you have some commercial use in mind for the photos, such as use in connection with a modeling career?

- Jeff

Title: Re: photocopywriting
Post by CSchneider on May 8th, 2005, 1:50pm
JSonnabend is correct.  The photos are already copyrighted.  However, that copyright is owned by the photographer, not you (unless you were the photographer).  The only possible exception to this is if you hired the photographer under a specific written "work for hire" agreement.

Title: Re: photocopywriting
Post by brandon keairns on May 11th, 2005, 8:56pm
i was going to use them for modeling........ if i take the pictures myself, how can i copywrite them?

Title: Re: photocopywriting
Post by JSonnabend on May 12th, 2005, 8:04am
CSchneider is correct when he advises you that the photographer holds the copyrights absent some agreement to the contrary.  Thus, if you take the pictures yourself, you hold the copyright.

Copyrights automatically vest once you create the picture.  In order to sue an infringer, you'd need to register the copyright with the Copyright office.  While I handle these matters for clients, I usually suggest that they at least consider filing the registration themselves, as it's very straight forward.  Check out copyright.gov.

- Jeff



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