Copyright Education

The following is a good place to start.

From StockPhotoRights.com

Helpful information about image copyright rules and how to license stock photos.

“Copyright and licensing stock images can seem complicated, but it doesn’t have to be. The basics – what you need to know and what you need to do – aren’t hard to get to grips with.

“Whether you need an image for an advertising campaign, a company presentation or for your personal blog, we have the answers. But, if you need more information, you’ll find it in our resources.”

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The Trade Secrets of Intellectual Property: Insider’s Guide To Intellectual Property

The Trade Secrets of Intellectual Property is an online book and video series is also known by its tagline:

Contrary to the tagline, the series is offered for free under the Creative Commons License to help educate business people, artists, web designers, film makers and photographers on how to avoid copyright infringement.

The series helps to unlock the secrets of intellectual property for artists and other creative people so the can protect their work and avoid issues like copyright infringement.

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Article from the Seattle Post Intelligencer:

Seattle Post Intelligencer: 9 Tips for Copyright Infringement

Excerpt From Article:

6. Don’t Believe Everything You Read on the Internet

Example of Getty Images case seeking statutory damages for one image.

There are some sites on the internet that spread false information about these types of claims. Any nut with a computer can type something on a blog. As any librarian would tell you, “buyer beware.” This is especially true of information acquired from the internet. Once scam site even notes that Getty Images never sues companies.

This claim is absolutely false. It is a matter of public record that Getty and Corbis do sue companies. In fact, they sue large companies and small companies and they pursue large and small claims. Any site that says differently is suspect.

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Article from Seattle Magazine:

Seattle Magazine: Copyright Infringement: I Didn’t Know!

Excerpt From Article:

If your web designer is liable so are you. Sadly, the party with the deepest pockets is the one that will likely get sued. In most cases that is the business owner that hired the web designer. The damages for this type of infringement can also be quite steep.

In other words, a copyright owner, does not need to prove a defendant intentionally infringed the copyright in order to create liability because it is a “strict liability” tort. If you copy a picture from the Internet without permission, for example, you can be liable for damages even if you did not know the picture was copyrighted. That is the essence of “strict liability.”

Further, if you hire someone (an employee or an independent contractor or a web designer) you are also liable for using a pictures posted to your website by that third party even if you did not know what they did. Said another way, the business displaying the copyrighted work without permission on their website is liable as the end user.

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AVVO Legal Guides on the Topic:

5 Tips: When you get a Copyright Infringement Cease & Desist Letter or Getty Images Demand Letter

Excerpt From Article:

Photo agencies such as Getty Images and Corbis Images are known to be persistent copyright enforcers. They rarely grant complete clemency to organizations once they begin pursuit of claims. The following nine tips are offered by attorneys who deal with these types of copyright cases; they give advice on what to do once your business receives a Corbis Images copyright or Getty Images demand letter.

1. Copyright Infringement is a Serious Matter.

First things first, copyright infringement is a serious matter. Mere use of a picture downloaded from the internet, even from a “free site,” is enough to create liability for a business using the copyrighted work without permission. Copyrighted works that typically get businesses into trouble for copyright infringement include images and text “acquired” from the various websites on the internet.

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Article from the Seattle Post Intelligencer:

Copyright Demand Letter: Economics of Copyright Infringement

Excerpt From Article:

In today’s world, a news story without a picture is almost not a news story. The pictures of news events get sold. This is what helps pay for a freelance reporter’s airfare, travel expense, child support, student loan payments and taxes. Since most reporters need to make a living, they can’t be gallivanting about the world with no hope of making money.

In fact, you take away the money, you take away the professional reporter. With that, you start to break down the quality and flow of information at all levels. Without freedom of information Democracy stops working.

News reporters like Anderson Cooper sometimes risk their lives to bring us news from foreign lands – they report on wars, human rights atrocities and good things too.

This reporting can be used to help stop crime, catch criminals and even shape social justice. News reporters don’t work for free.

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Article from the Seattle Post Intelligencer:

Seattle Post Intelligencer: The Politics of Stealing Images

Excerpt From Article:

Although there are some people that oddly believe the Internet is a lawless cauldron of theft and piracy, most reasonable people these days understand that if they steal a picture, for example, a photographer or artist goes without. Here, both the “occupy movement” and the “tea-party caucus” appear to agree.

Part of the work I do as an attorney is representing artists and photographers and the agencies that represent them, like Getty Images, the world’s largest provider of stock images and Gallery Stock, the world’s leader in representing commercial and museum photographers. I see this “post-greed” era shift in my work every day. When we approach another business and tell them that they appear to have used images from someone else without permission, the reaction is varied.

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AVVO Legal Guides on the Topic:

6 More Tips: When you get a Copyright Infringement or Getty Images Demand Letter

Excerpt From Article:

11. If you Can’t get it Resolved, Consider …

If you do find yourself facing a copyright infringement claim, all is not lost. In some cases, a standard business liability insurance policy (“slip and fall” policies) will cover copyright infringement claims made against a business. This special coverage, which is included in many business policies is often called “advertising insurance.” Ask your insurance agent if you have such coverage. Finally, if you are uncertain of what steps to take, contact a knowledgeable attorney.

Let’s face it, checking to ensure your business has copyrights to all the images on your website might not be on the top of your to do list. If your organization is in this position and a Copyright Infringement demand letter hasn’t arrived yet, there’s still time to get your cards in order! Once a demand letter hits your mailbox, however, the game changes.

In short, do not use copyrighted content without permission. A good general rule of thumb is, “if you did not take the picture, you need to pay a license fee to use the photograph.”

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Getty Images Copyright Infringement 101

Download the PDF of Getty Images Copyright 101 or read it online

Copyrights enable creatives to earn their living by licensing their original works of art. Getty Images contributors, including photographers, illustrators, filmmakers and musicians, expect us to defend their intellectual property from unauthorized use. Here are some of the ways we work to earn their continued trust, making a wealth of great content available to our customers

Analysis of the Getty Images 101 circular by Thomas Pickard Photography Blog

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Getty Images 102

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You can also view the full transcript of the Copyright 102 video here

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