Photography Archives - The Official Kunvay Blog

3 Selfie Copyright Photo Basics You Need to Know

Photo Credit: Selfie by Ginevra Bariosco used under CC BY-NC-ND 2.0

The selfie era has long been upon us.

Only a few can resist the urge to express the “exuberance of the moment,” as experts put it: social media and clever smartphone technology in particular have made it ever so easy to throw up a peace sign, strike a pose and voilá – selfie heaven for well-knowns and unknowns alike.

In fact, according to psychologists, the advent of the selfie era has to do with achieving a level of ‘intimacy-at-a-distance’ with those larger than life people and places we admire.

It’s a technological way to zero-in on the moment and place oneself right at the center of attention. This is all somewhat of a good thing from an intellectual property standpoint. The selfie raises a number of interesting issues – particularly in the realm of copyright. Continue reading 3 Selfie Copyright Photo Basics You Need to Know

5 Facts You Didn’t Know About Photos & Copyright

Photo Credit: Golden Gate Bridge - Photographing World's Most Photographed Place by Anirudh Koul used under CC BY-NC 2.0 — Photo Credit: Golden Gate Bridge – Photographing World’s Most Photographed Place by Anirudh Koul used under CC BY-NC 2.0

Photography and copyright can be tricky subject matter.

For most of us, copyright violations rather than copyright facts bring issues to light, so we learn by the mistakes of others.

This path, however, leaves room for the spread of rampant misconceptions about the proper application of the law.

The risks are high, too. These days copyright violations can lead to hefty fines and even criminal charges in some instances. At least, infringers can expect a pushy take down email with a lawyer’s threat of court time. Clearly, it’s essential to know key facts.

Even though photographic copyrights can get complicated, the facts can bring clarity and clear up confusion.

Granted, it’s not always pleasant to discover all the sharing you’ve been doing on your Tumblr feed is probably actionable in court should the photographer choose to pursue it, or to realize that the fellow you verbally abused via email for copying your Instagram photo might actually have a good claim under the fair use doctrine.

Still, when it comes to photos and copyrights, it’s always good to get the facts first.

Fact 1: The minute someone snaps the shutter, that person owns the copyright.

This seems straightforward. Copyright is a right of ownership in original works fixed in a tangible form. A photo fits easily in this category. Unless there is a contractual agreement declares otherwise, the person taking a photo owns its copyright. Some have raised the idea that a photo is a mechanical representation of fact. Even with this description, a photo is definitely the original expression of the photographer, in tangible form.

Things get tricky when Continue reading 5 Facts You Didn’t Know About Photos & Copyright

What is a Copyright, When is a Formal Copyright Needed, and How to Get One

Artists are incredibly creative and brilliantly innovative people.

They can pull ideas and forms out of the nether world and translate their insights into the material world with expertise through their respective medium and talent.

Their music fills our concert halls, their visual innovations greet us every day on everything from soup cans to ads on the Internet and authors of every genre help us to learn and grow by sculpting words into a content that informs and inspires.

Why would they need copyright protection?

Why do jewelers lock up their diamonds inside their own shop? Obviously, it is because valuable things get stolen.

A copyright is a sort of “locked jewel case” that federal law provides for authors to protect their “intangible jewels” or their legal rights in the original works of art they create. “

What is a Copyright and Why Does it Matter?

The easiest way to conceptualize the intangible rights and interests granted to an author by a copyright of his work is to imagine Continue reading What is a Copyright, When is a Formal Copyright Needed, and How to Get One

What Every Creative & Ad Agency Outsourcing Work to Freelancers Needs to Know About Copyright

Photo Credit: Mojave wins Creative Agency Awards 09 by Mojave Interactive used under CC BY-NC-ND 2.0

Creative agencies are increasingly shrinking the number of in-house or staff creatives and opting to rely on freelancers to perform a multitude of tasks from pitching ideas to sustaining an advertising campaign.

The sluggish economy has stressed many agencies causing those employers to suffer difficulties in covering the cost of maintaining staff employees.

It costs a lot these days to maintain a regular employee on staff (payroll taxes, healthcare, insurance, etc.).

Outsourcing of Freelance Work on the Rise

Some employers hoping to pinch a few nickels have turned to hiring freelancers and specifically designating them workers under agreement or “independent contractors” to function as part-time, intermittent and offsite workers that in truth provide the majority of the agency’s day to day creative needs.

Unfortunately, these employers wrongly conclude that simply claiming an employee is an independent contractor even if he is supplying regular, ongoing and predictable company tasks will relieve an employer of his responsibilities to State and federal taxation authorities.

It will not, and worse, this action could be considered intentional tax fraud.

If they could only see and hear the state and federal agency tax-collecting accountants slowly pursing their lemon-sucking lips into a shape that only slightly resembles a smile. “Penny wise and pound foolish,” they’d sneer in response, “Do these people think we were born yesterday on what? Audit that company.”

Copyright Ownership & Transfer, Employees and Independent Contractors

And if navigating the many potholes and ditches of payroll doesn’t provide enough points of interest for unwary management there is always the very dicey issue of copyright Continue reading What Every Creative & Ad Agency Outsourcing Work to Freelancers Needs to Know About Copyright

Do You Make These 5 Common Copyright Mistakes on Your Blog?

Photo Credit: Blogging Research Wordle by Kristina B. used under CC BY-NC-ND 2.0

Blogs are well-known for routinely violating common copyright laws.

Not only is it, well, illegal, but it also presents some major branding and reputation issues, as well.

Savvy readers, for one, can identify when a blog is using copyrighted information without permission.

And it doesn’t bode well for your reputation! If you want to be recognized as a true professional in your field, then you need to give credit where credit is due. Let’s not forget about the ethical factor too, here. Freelancing is a community and we’re all in this together. Do your comrades a favor and give them credit for their hard work. I’m sure you would want them to do the same for you.

That being said, whether blogging is your business, or just a small piece of the bigger puzzle, it’s important that you do it right. Copyright infringement is no joke, so you don’t want to take any chances. You don’t have to be an attorney to understand copyright law and your blog, but it is essential that you do your homework to appreciate the basics. This will keep you out of hot water with the law and protect your quality reputation.

For starters, make sure you’re not making any of these 5 common copyright mistakes in your blog. And if you are, now’s the time to fix them!

Mistake #1 – You ignore the law in the first place!

First of all, most bloggers completely ignore the law altogether. Continue reading Do You Make These 5 Common Copyright Mistakes on Your Blog?

Why You Don’t Own Your Wedding Photos: How to Own Your Wedding Day & Copyrights to Your Wedding Day Photos

Psssst.

Did you know that few people really own their own wedding photos?

It’s a little known fact that most people are shocked to discover.

However, after reading this post you’ll understand why wedding photos are the most expensive photos of a lifetime that most people don’t own and more importantly, how you can avoid this common wedding-day fail and own your wedding day AND your wedding photos.

A wedding is such a personal matter. Many automatically assume full ownership of wedding photos belongs to the happy, new couple.

They figure the wedding photographer is merely someone paid to render a service, and never imagine that, in actuality, ownership belongs solely to the photographer.

It’s a matter of copyright right law, and a finicky one at that.

Owning Your Wedding Day, Doesn’t Mean You Own Your Wedding Day Photos

Here’s the scenario: With the wedding only weeks away, the future Mr. and Mrs. Nuptial are planning their wedding photos.

They’ve hired the magnificent Mr. Flash, a very popular wedding photographer whose reputation precedes him.

The Nuptials, having seen his work, are thrilled to have him on board. In a brief meeting, Mr. Flash describes the details of the pre-wedding photo shoot as well as the arrangements for wedding day pics.

Trusting his experience and reputation the Nuptials agree. Everything is set.

After the wedding, the Nuptials are back from their honeymoon and excited to see the lovely photos of their beautiful day. More importantly they want copies to share with friends and family.

They dial up Mr. Flash and speak with his assistant. She quickly informs the couple, to their utter dismay, in order to take any photos home, they’ll have to pay a whopping expense for each extra print.

Doesn’t seem fair, right? Or, does it? Continue reading Why You Don’t Own Your Wedding Photos: How to Own Your Wedding Day & Copyrights to Your Wedding Day Photos