Should I pay extra?
I want to create a custom watermark for my photos. Can I?
Can I copy your watermark? Is it in violation of fair use?
What can be done to avoid copyright violations?
How does a copyright work?
If I do not want your watermarks or you want them removed, what should I do?
If I need to take my photos down from the blog, when can I do it?
What can be done if I want to use your work in a commercial, non-profit or news piece?
The Copyright Act
The main law that governs copyrights in photographs is the Copyright Act of 1976.
The act states that “copies of copyrighted materials … can be made by unauthorized methods only. Such methods include copying the copyrighted materials, printing new copies or duplicating a copyrighted publication where the original is no longer available.”
The Act extends to any person (“You”) who publishes information, images or text for “no consideration, whether the information, images, or text should be considered a ‘derivative work’ of, or in any way similar to”, unless a license has been granted.
When you upload a file to a website or service (like Flickr) and create an account there, you agree to these terms and conditions (the “User Agreement”).
How should I use Copyrighted Content?
All of copyright law focuses on the way that images are used by other users. Most people agree that if they upload their photos online, that means others will have a copy of them for free.
For example, if a person creates a photograph of an object, then shares it with their friends, and the image is used on a website, that means others will have access to the image, for free.
The only issue that must be addressed is whether other users have a legitimate right to the object they copied. A photograph may not be used or copied if:
it’s being used in a way that’s damaging to the owner of the copyright, the image is being used in a way that defames the photographer, or
the owner of the copyright is not the true owner of the copyright; for example, where one of the photos is made by a third party with the full consent of the original photographer.
What Can Be Done To Avoid Copyright Violations?
If you do not want to use people’s photos, but they
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