DIGITAL PHOTOGRAPHY - Since 1989 - Digital Photography

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What does this mean?
Important Information about Copyright Laws
As we move farther into the electronic and technology age, it is becoming increasingly
difficult for a person to protect his or her works of "art" from what amounts to theft. I hopewith the help of this information, many unanswered questions about "copyright" will beanswered.
What is Copyright? Copyright is a form of protection provided by the laws of the UnitedStates (title 17, U.S. Code) to the authors of "original works of authorship" that are fixed in atangible form of expression. The fixation need not be directly perceptible so long as it may be
communicated with the aid of a machine or device. Section 106 of the 1976 Copyright Act
generally gives the owner of copyright the exclusive right to do and to authorize others to do
the following:
Reproduce (including scanning into your computer for any reason or use)
Change from original formz Distribute Copies
z Display Publicly (including use on a web site)zzThis is not a complete list, however, it is a list of the most common offenses when dealing
with copyright issues.
Copyright protection subsists from the time the work is created in fixed form. In the case ofphotography, that point is as soon as the cameras shutter is released and the image istransferred to the film plane. The copyright in the work of authorship immediately
becomes the property of the author who created the work (i.e., the photographer). Only theauthor or those deriving their rights through the author can rightfully claim copyright.
Ownership of a book, manuscript, painting, photograph or any other copy of photorecord
does not give the possessor the copyright. The law provides that transfer of ownership of any
material object that embodies a protected work does not of itself convey any rights in thecopyright. In other words, if I sell you a picture, you do not own the copyright tothat picture, the photographer does, and as such, you may not reproduce thatpicture in any way, shape, or form.
How is a Copyright Secured? The way in which copyright protection is secured isfrequently misunderstood. No publication or registration or other action in the CopyrightOffice is required to secure Copyright. Copyright is secured automatically when thework is created, and a work is created when it is fixed in a copy of photorecord for the firsttime. "Copies" are material objects from which a work can be read or visually perceived either
directly or when the aid of a machine or device, such as books, manuscripts, film, videotape,

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11/24/2008

DIGITAL PHOTOGRAPHY - Since 1989 - Digital Photography

Page 2 of 2or microfilm is used.
Because of today's technology, people take for granted a photographers rights regardingCopyright. As you can see, it is not legal to copy a professional photographers work in any
manor. Most photographers will mark their pictures with symbol ©, their name and often theyear. For example: GT©, Photography By Gar Travis© or www.garphoto.com©
however, it's not required that a photographer mark his/her work for it to be "copyrighted".
Because of the abuse against copyrighted material, the fine for copyright infringement
increased from $30,000 to $250,000 as of January 1, 2000.
I hope this clears up any unanswered questions regarding what copyright means. If you still
have questions, you can write the Library of Congress for a complete copy of the CopyrightLaw.
If you see a photograph of yourself on my site you may ask for a single 8 x 10 print which I
will send to you free of charge. Photographs otherwise on the site are not for sale to thegeneral public.
Museums and non-profit organizations associated with events photographed: Air Shows,
Faires or Reenactments may obtain digital images of their event free of charge upon request.
Such requests must originate from marketing or public relations representatives of thoseevents. Please provide: contact name, title, mailing address and telephone number as well as
501(c)(3) non-profit information. If the photographs are to be used on a web site or in print,
credit as to source must be given in addition to a link to this web site.
Respectfully,Gar Travis

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