Not sure how the whole watermark thing works, but I'm pretty sure your friend is wrong. -- Irish Dancing Webbies

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Date Posted: 09:39:35 02/12/02 Tue
Author: Dawn
Subject: Not sure how the whole watermark thing works, but I'm pretty sure your friend is wrong.
In reply to: Christy (Criosa) 's message, "more copyright stuff" on 00:22:40 02/10/02 Sun

Okay, first, I think I'm required by law to say that I'm not a lawyer and this is not legal advice or something to that effect. With that out of the way:

You have a valid copyright the second your picture is fixed in a tangible form. Film itself is probably considered a tangible form, and a developed picture definitely is. I'm pretty sure you don't even need the (c), but it just helps you prove your case later on. Registering with the copyright office guarantees greater protection, but for $$$. If your picture is registered and you enforced your copyright you would only need to prove that someone used your picture without permission and you would be guaranteed $ damages from the infringer. But if, as in your case, the picture is unregistered, you just have a greater burden should you take someone to court over it - you would need to prove actual damages, which means that the infringer either cost you some money or merely that they benefitted financially from their use of your picture, and you would be granted the amount that they were enriched through the use.

I guess this may all sound a little bit overboard since you just wanted to know whether to confront the feis and not information on suing anyone. But there always seems to be some confusion on the boards when it comes to intellectual property protection. Just thought it might help you in your situation to know what your rights are here.
If I were in your shoes, I'd confront the feis, maybe saying that I was flattered that they chose my picture, but that it is copyrighted. Just to prevent them from deciding they like it so much that it'll be the cover of the feis program next year! That way either they'll stop using it or you'll work out an agreement acceptable to both parties.

Okay, sorry this was so long.
Good luck with it

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Replies:

Re: more copyright stuff -- Nashville Feis, 12:15:52 02/13/02 Wed

to NF-thanks for "coming out". I don't mind if they're used, just like to know & receive credit (NT) -- Christy, 10:53:59 02/14/02 Thu