Copyright 2013

Started Jan 2, 2013 | Discussions thread
Ferguson
Regular MemberPosts: 410
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Re: Copyright 2013
In reply to Photo Pete, Jan 3, 2013

Photo Pete wrote:

Including a copyright statement in the image file simply serves to help identify the person whose copyright the image is. Adding the year should not make the slightest difference to its validity.

Image data already contains information about when the photograph was taken so adding the date to the copyright notice is unnecessary. If the exif data is edited to remove the time stamp information it is also likely that the copyright information will have been removed as well.

If you try reading the US rules (here is a circular: here) it is really not all that clear.

It clearly shows that the copyright statement is not required, but it also (page 4 second column) points out how an explicit notice provides complete defense against a claim of accidental use.

...then no weight shall be given to such a defendantā€™s interposiĀ­tion of a defense based on innocent infringement in mitigation of actual or statutory damages

Then it goes on to say that the notice MUST contain the year of publication (implying that this then relates to someone being able to infer when it expires, though that is not clearly stated).

IPTC recommends all three also:

IPTC.Org link

What's more interesting is in a brief search I couldn't find anything official about what constitutes notice. The core clause is:

may be placed on publicly distributed copies from which the work can be visually perceived, either directly or with the aid of a machine or device.

(Code section 401(a))

I expected to find some clarification whether digital encoding constitutes notice.  It has a lot of detail on other subjects, like audio, but I couldn't find it for still images.   And yes, I found a LOT of lawyers pontificating in many ways, but was trying to find the actual legal definition.  Anyone have it?

PS. IANAL, just curious.  And thanks for the reminder, I had indeed forgotten to set my cameras.  In fact I did not have the year in mine.

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