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Sell Photography Related Items with Copyright Awareness

by: photographyjoy( 152Feedback score is 100 to 499) Top 5000 Reviewer
40 out of 44 people found this guide helpful.
Guide viewed: 2494 times Tags: photography | copyright | law | stock | selling


To sum up the U.S. Copyright Law - An automatic copyright is granted to the originator or author of the work.  If you made it or created an item then it is automatically copyrighted. You do not have to apply or request a copyright.

Photography is my main topic of interest.  When you take a photograph it is considered an "original" work of art, even if the subject has been photographed 1000 times.  For example, the Golden Gate Bridge has been photographed by unknown 1000's.  Each photograph is considered an "Original".  You MAY add or embed the copyright notice to your photo without any other authorization.  It is NOT REQUIRED that the "c" with the circle even appear with the art to be considered copyrighted.

1.  What does all this mean to this site "SELLERS"?

You can not take a photo off the web, magazine, scan a copy, or other ways get a photo then use it on T-shirts, mugs, key chains, Frame it, or even post it as an advertising/news banner on any website without purchasing the ability to do that.

Stock, royalty-free, rights-managed or other photography based websites offer images for sale to the public.  You must purchase the image and agree with how it will be used.  The photographer, in essence, gives you permission to use the photo.  The photographer DOES NOT give up the copyright to the image.

2.  So if I want to "Sell" a Framed Photograph, I will just take the picture myself and frame it.

Well, this is partially correct.  You also have to consider what is being photographed.  Copyright laws also apply to what appears in the photograph.

To sell or profit from a photograph, you will need permission in many cases.  If a person, certain toys, buildings, monuments, statues, any registered trademark, and many other things appear in the photo it may not be  sellable without consent/permission.  In other words, you need to do some research before you start selling photography, illustrations, or other related items.

3.  Get more details and other copyright information from the U.S. Government Website.

Disclaimer:  I am not a lawyer or have any legal background.  I am not qualified and won't give legal advice.  This is just my opinion.  The text is not a full, complete, or necessarily accurate discussion of laws.  I can not answer specific questions so please don't email me with any.  Please contact a professional attorney for interpretation of the law and how it applies to you.

I do hope this guide has been helpful-Thanks for letting me share.  Please vote and let me know what you thought.

To SEE Examples go to my Photography Copyright ExamplesGuide


Guide ID: 10000000001861710Guide created: 09/14/06 (updated 04/30/08)

 
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