Original image

[Secesh]

Hello all,
Can anyone tell me how to copyright an original image that I have in my collection, and where to obtain the forms? It seems that one of my images has recently been published in a book...I contacted the author, who informed me that he had gottten the image from a lady who had copied it from the State Archives (I had given them a copy several years ago), and she told him that she had the only copy known to exist as the original had disappeared...Any help would be greatly appreciated. Thanks, Tom

[woodsda]

Re: Original image

Check this website, it gives all the info you need to pursue a copyright.

http://www.copyright.gov/circs/circ1.html

[Secesh]

Re: Original image

Thanks Don! Much appreciated!

[sumter_guard]

Re: Original image

can we see the image? ;)

Andrew

[Secesh]

Re: Original image

Hello Andrew,
I will be happy to oblige as soon as I can download it. Thanks.

[sumter_guard]

Re: Original image

AWESOME! Love me some original images!

Andrew

[DaveGink]

Re: Original image

Hello all,
Can anyone tell me how to copyright an original image that I have in my collection, and where to obtain the forms? It seems that one of my images has recently been published in a book...I contacted the author, who informed me that he had gottten the image from a lady who had copied it from the State Archives (I had given them a copy several years ago), and she told him that she had the only copy known to exist as the original had disappeared...Any help would be greatly appreciated. Thanks, Tom

If you took the photo and never transferred the copyright to someone else, it is owned by you -- regardless if you registered it or not. This goes for anything a person writes, draws, paints, etc.

Registering it gives you some additional legal protections (such as collecting court costs) in case you decide to sue for copyright infringement, but the copyright is already yours.

However, if you purchased or acquired a photo/print that you didn't take/make yourself, and the photographer never sold or transferred the copyright to you, you can not copyright it. For instance if you purchased an original Brady print. You own the physical print but not the copyright to the image. It would be in the public domain. So if someone finds another copy of the same print from another source, they would most likely be free to publish it.
Edit: Now, if you took a photo, scan, or made a copy of the physical, original print, you would own the copyright to that 'copy'. And if you could prove someone used your photo, scan, or copy in their book, then you could go after them for that. Make sense?

[Dignann]

Re: Original image

A previous thread discussing copyrights and photos -- Copyright and the internet

One sure way to maintain control over an image is to protect it. Handing out copies, and especially posting a photo on the internet, lessens your ability to control the use of that image. Just be careful who you give a copy to.

Eric

[rebjeb04]

Re: Original image

I remember years ago I was traveling to an event in beautiful Louisiana and happen to pick up a brochure for Laura Plantation at one of the visitor centers. For some reason I had this attraction to the image on the cover, which turned out to be a daguerreotype of Desiree Archinard Locoul (mother of the home's namesake, and wife of a Southern captain). She was a beautiful lady with an impecable creole pedigree of Spanish and French which seems to beam from her face! When I came home I had decided I wanted a copy of the image to add to a scrap book, and contacted the folks at the plantation. They were quick to jump in saying no way but, I could buy their book of the published image, which I did. I went on with my portrait anyway, rendering a fine, handcolored portrait of Mme. Locoul which now commands a prominent place on my parlour wall. A friend wanted a photocopy, which I complied, and after some thought I made several re-pops. I then took them to an artshow in Louisiana where I sold several$$$ :D Some time went by and I contacted the owners again asking if they would like to sell some of the portraits in the giftshop. Another quick reply of no way, followed by and order to halt in the reproducing the portraits as a copyright infringement. I consulted several individuals on the situation and discovered they have no right to ask me to stop the portraits:cry_smile, but I did. After touring the home over a year ago, and visiting the giftshop, I discovered they now sell full color portraits of Mme. Locoul and various other family members of the plantation.

Sorry for all that just to say, yeah you cannot copyright old pictures.;)

[Secesh]

Re: Original image

Thanks for the info Chris...I appreciate it. I myself did a little research on the name of the individual in my image and came across the name of the lady who provided the image to the author...Turns out she is an ancestor of the soldier and had obtained a copy of my image from the Alabama State Archives, which I had provided. I do not know why, though, they would not have informed her that I am in possession of his original image. I am looking forward to the book. By the way, I enjoyed reading your story about your Louisiana experience. I'd like to see a photo or your portrait of this Southern lady. Best regards.

[rebjeb04]

Re: Original image

Hey Mingo,

Thank you for the kind words. One thing is for sure researching these old images can sure get in ye veins. It always bugs me when I go to an antique shop and find a box of 100+ year old photos, and then thinking wow that someones ancestor!

I'll send some images of Mme. Locoul and some info soon. Their plantation was located just down the river road from Oak Alley. Not even a mile I think.