This article is by one of the photographers I really admire in the field of canine photography and I think she sums-up the questions that many people have had in the area of reproducing their show photos.
COPYRIGHTED PICTURES
WHY PHOTO CENTERS CAN'T , WON'T AND SHOULDN'T COPY YOUR SHOW PICTURES
BY KITTEN RODWELL
professional dog show photographer
Your latest show picture of the fab in at "Guaranteed to Win a Ribbon
Kennel Club" arrived in the mail yesterday and you just have to send
the judge, breeder, co-owner, sire's owner, owners of her 16 puppies from
the last three litters, prospective owners of the offspring from the next
12 litters, your mother, and your ex who said you would never win a ribbon
with that pile of ……… ! So off you trip to the local ten-cent-a
-copy center with your picture and they absolutely, unequivocally, in
spite of your tears and pitching a fit worthy of a two year old child,
R E F U S E (Gasp, how dare they, whatever is this world coming to?),
to reproduce your beautiful picture without a written release from the
photographer. They claim it's because on the back of the picture, or in
the sign representing the win, is that innocuous word "copyrighted",
or the letter "C" surrounded by a circle. The copy center, or
you if you are using a copy machine in the library or the local convenience
store, (and all of them have or are required by law to post, a sign informing
you of copyright laws), are libel to being sued for up to $100,000 for
each photo being copied without permission of the copyright owner, plus
having their copy equipment confiscated and destroyed by the courts!
Why, you ask, if it's your dog being photographed, in a public place, is the photographer given by the courts a "copyright" to the photograph? One definition of the word "copyright" is "a limited monopoly protecting certain creative works, including photography". The photographer is a "creator" in the fact that he or she has "arranged" the environment and participants to make or create a picture. The photographer set up the sign, added whatever trophies, flowers, etc; directed the judge to the appropriate location; requested the handler to set up the dog in such and such a position; asked him or her to straighten up their tie or blouse, or smooth down a wisp of hair sticking up on the dog's topline. All of these things constitute "creating" a photo, in that the photographer used two criteria spelled out by the U. S. Supreme Court to define a copyrighted work: originality and creativity. When I create a picture I am proud of, I want the world to know I made this, I masterminded this magnificent picture of that spectacular dog, I had the know-how and ability to capture the movement shot at just the right instant in time to show the incredible reach and drive that dog possesses. By placing a copyright on my work, I take the credit for the work involved in capturing that setting in history on film and producing a replica of that scene for others to enjoy. Any reproduction of my creative ability remains in my domain. When my pictures leave my office, they are all copyrighted to show I have produce them. The ones that I do not meet my high standards find the trashcan or do not get printed.
Before you head off from the copy center in a huff, why did you go there in the first place? Have you ever considered the quality of reproduction you will be getting from in essence of copy of a copy (the picture you brought in to get copied is after all the second generation with the negative being the original)? Color reprinting on copy machines is never the same quality as the original picture. Details blur, the colors are not as true, and for the lasting ability (archival quality) of the original, you need to have copies made from the original negative of which the photographer has ownership. Rich has negatives going back to when he started in 1969, so people have the ability to reorder pictures of generations of their dogs as well as last month's win. Why not ask your photographer for a "deal" on quantities for those puppy packs and stud inquiries. Smaller sizes (4x5 's or 5x7 's) of show photographs cropped to "dog only", show great detail of the dog for these purposes.
For those of you who are interested in the technical law aspects of this article, the following is the pertinent data of the "copyright law of the United States 1993 Title 17". For those of you who hate boring details, drop down to the bottom line.
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P102 (A) Copyright protection subsists, . . . . . in original works of authorship fixed in any tangible medium or expression, now known or later developed , from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or devise. Works of authority include the following categories:
Pictorial, graphic and sculptural
works.
P106 Exclusive rights in copyrighted works
....The owner of copyrights under this title have the exclusive right to do and to authorize any of the following:
(1) To reproduce the copyrighted work in copies
(3) In the case of . . . pictorial. . . works. . . to display the copyrighted work publicly
P302 Duration of copyright
Works created on or before January 1, 1978
(C) In general, copyright in a work created on or before January 1, 1978 . . . endures for a term consisting of the life of the author and 50 years after the author's death.
Works dated before January 1, 1978 are copyrighted until December 31, 2002.
P501 Infringement of copyrights
(A) Anyone who violates any of the exclusive rights of the copyright owner as provided by section 106 through 118 or of the author as provided in section 106 (A) . . . is an infringement of the copyright or right of the author, as the case may be.
(B) The legal or beneficial owner of an exclusive right under the copyright is entitled . . . to institute any action for any infringement of that particular right committed while he or she is the owner of it.
P504 Damages
(A) Statutory Damages
(1) . . The copyright owner may elect . . . to recover, instead of actual damages and profits, an award of statutory damages for any infringement involved in the action; with request to any one work . . . in a sum of no less than $500 nor more than $20,000 as the court considers just.
(2) In a case where the copyright owner sustains the burden of proving, and the court feels, that infringement was committed willfully, the court in its desecration may increase the award of statutory damages to a sum of not more than $100,000. In a case where the infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its desecration may reduce the award of statutory damage to a sum of not less than $200.
P506 Criminal Offenses
(A) Criminal infringement - any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain shall be punished as provided in section 2319 of Title 18.
(B) Forfeiture and Destruction - When any person is convicted of any violation of subsection (A), the court in its judgement of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction of other disposition of all infringing copies . . . and all implements, devices, all equipment used in the manufacture of such infringing copies. . .
(D)Fraudulent removal of copyright notice. Any person who, with fraudulent intent, removes or alters any notice of copyright with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not less that $2500.
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More boring stuff: Copyrighting in the U. S. Stems from a 1710 English statute known as the Stature of Anne. The first copyright law was enacted by Congress on May 31, 1790 and covered maps, charts and books. On March 3, 1865, Congress extended the General Law of 1831 to photography and negatives.
The Bottom Line: If it ain't made by you - don't copy it! And don't ask the poor kid down at the copy shop to copy it - it could cost him his job and cost the shop their equipment and business.
Look on page 4 of this issue of Dog News at the bottom. See where it says "All advertisements are copyrighted and owned by Dog News, Harris Publications, unless received camera ready. Permission to reprint must be requested in writing. " Ever noticed that before? Dog show photographers allow, by tradition, periodical publications (i.e. Dog News, The Gazette, etc.) unwritten permission to use their photographs in their publications. Hard-bound publications (books, etc.) usually go through the "release" procedure with photographers for the pictures they use for illustrations. Horse show and cat show photographers are not as benevolent. They most often require releases signed, dated, and on file with the different periodicals. There is technology being developed and tested as I write which will eliminate the ability to Xerox or laser copy photographs (the images will be scrambled). Webster's Dictionary has the following at the foot of their 9th New Collegiate Edition "All Rights Reserved. No part of this work covered by the copyrights hereon may be reproduced or copied in any form or by any means - graphic, electronic, or mechanical , including photocopying, taping, or information storage and retrieval systems - without written permission of the publisher". Today I even saw a copyright symbol on a newspaper vending machine!
In closing, a big Kudo to Kinko's Copies, from whom we have received calls from their branches all over the country asking permission to copy pictures. Three cheers to a company that knows and abides by the law.
