Archived posting to the Leica Users Group, 2000/06/24

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Subject: Re: [Leica] My copyright!
From: Andre Jean Quintal <megamax@abacom.com>
Date: Sat, 24 Jun 2000 22:28:15 -0400
References: <39554FEB.6BF490B1@cybermac.com.au>

Rick Dykstra wrote, in copyright context:
[ snip ]
> Who should I sue?  The paper, the parents or the six year old?

	--> If there was no explicit copyright on the photo
	you sold, your residual rights get to be very thin,
	per Canadian law. Perhaps is it different in the USA?

	Your photos are not copyrighted per se, it has to be explicit,
	at least here in Canada. You should consider getting
	a custom rubber stamp and use it on all outgoing
	photos if your photo style has what it takes
	to make people exited about it and tend to deny
	you either the credit or the legitimate benefits.
	That's not a costly thing to do and provides a minimal
	"first line" defense in copyright litigation context.
	Another way to do it could be with permanent self-adhesive
	MacTac printed with your copyright statement,
	conditions of use, minimal damages fee for non-complicance,
	place and date, plus the name of your copyright lawyer's office.
	If you use a logotype, or are incorporated, use it on this too.
	The concept is: turn your photo services into a valuable
	TANGIBLE product worth far more than the photo paper
	or CD-R media.

	If such past situations would normally have represented
	substantial amounts of money and "top dog" recognition,
	serious public exposure through your professional excellence,
	which eventually would translate in higher asking prices,
	perhaps would it be wise to consult a copyright attorny
	and devise a copyright / copyright infringement strategy
	as soon as possible ?

	A J Q

In reply to: Message from Rick Dykstra <rdandcb@cybermac.com.au> ([Leica] My copyright!)