Articles

Articles by Jack and Ed.

Sometimes just Ed.

Sometimes just Jack.

Sometimes both at the same time!

Feel free to add coments to any article.

21 Comments

#1 by Peter DeMott on January 6, 2010 - 8:21 am

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Could you please add the email subscription option to your blog. I have my blog subscribable through Feedburner which is now a part of Google.
#2 by admin on January 6, 2010 - 8:59 am

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Thanks for asking. Will do, but might take me two weeks to figure out. Tied up this week, at a convention and a college next week, and then I’ll read about how to install a subcription. If it’s just adding a Feedburner widget, it might be done a lot faster. Still learning WP
~~Jack~~
#3 by Maria Brophy on May 4, 2010 - 2:19 pm

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One other suggestion: On your “About” tab – fix this! :)
#4 by FrankB on October 24, 2010 - 2:04 pm

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I would like to know if someone can give the link to the article
“You Too Can Make No Money Working From Home”

This article was published in – Photoshoshop User Magazine
March 2010 page 072 -073

I get this magazine at the WPPI convention in Las Vegas. I think is very interesting and I would like to share the link with a lot of photographers I know globally!

Thanks
#5 by Anita Kunz on June 14, 2012 - 5:27 pm

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Regarding copyright infringement:
I’ve been a working artist for 30 years. My work has appeared internationally in and on the covers of countless magazines including The New Yorker, Time, Newsweek, and The New York Times (please see http://www.anitakunzart.com)
It’s come to my attention that two of my copyrighted images have been used by a number of people on the internet without credit to me or or any sort of attempt at obtaining permission.
This puts me in an extremely compromised position with the company to whom I granted an exclusive license to one of the images and to whom I am contractually obligated.

And by using my images without credit to promote their companies and/or ideologies these many infringers are enabling others to take the images without permission as well, compounding my situation exponentially. In the past I have politely emailed some of these infringers asking them to remove my images. These requests have often been met with hostility and arrogance.
Therefore the only recourse I have to this type of theft is a legal one. I feel that the copyright system is important to artists because it essentially allows us to make a living from our efforts. Copyright was devised by the founding fathers as a way to allow the arts to flourish, by letting artists make a living making art.
And I believe that the concept of copyright is meaningless unless is is enforced. To this end I have decided to pursue these infringements legally with my attorney Ed Greenberg. I feel as though I need to defend myself against theft, theft of what’s most important and self-defining to me in my life, my work.
#6 by Paul Brockway on January 3, 2013 - 8:25 pm

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If a blog site displays an image uploaded by a reader (and perhaps copied without permission) and doesn’t try to sell a product or service is there copyright infringement? What if there are ads on the blog site? Would the use of the image be considered as being used for commercial purposes?
#7 by Jack and Ed on January 4, 2013 - 9:42 pm

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Paul, Ed is working on a longer answer, but a short answer from the non-lawyer, namely me, is that it doesn’t matter if they sell a product or service or have ads. An infringement is an infringement. You need to know what a thief is doing with stolen property, it’s just stolen property. Imagine, someone breaks into your house and steals your prize guitar, “Oh, you’re not fencing my guitar or selling it, you just want to play with it? Oh, yeah, take it”. Doesn’t work that way. Now some of the factors might come into play on the judgement amount, but not on the infringement. Again, this is a general answer and every case has it’s own nuances and circumstances. It’s hard to give a one size fits all answer because of a lot of variables and as I find out, few things are one answer fits all when it comes to the law. And I’m not the lawyer, Ed is, so let’s see what he says and corrects me if I got any part incorrect.
#8 by Paul Brockway on January 5, 2013 - 10:56 am

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So how does a photo site like thechive.com show so many images of professional models/celebrities? Given that they have hundreds of new images every day, they can’t be getting permission to use every photo?? Or do they just rely on their “rules” that a poster must agree to that every picture uploaded was used with “permission” even though they know very well that most were just copied off the internet?
#9 by Chuck Riley on January 17, 2013 - 7:06 pm

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Your tutorials on Kelby Training are really well done. When I fill in my name in the copyright field, is it okay to use the name that I usually go by, or should I use my full legal name as it appears on my drivers license or Soc Sec card?
#10 by Jack and Ed on January 17, 2013 - 7:37 pm

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If it’s the name you are commonly and generally known as, you can use that name. Like if you were an actor, you could use your stage name. Archibald Leach could have registered as Cary Grant with no trouble, if that was his inclination.
#11 by Ken L on January 22, 2013 - 10:49 pm

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Hey Jack and Ed,

Love your NAPP articles, training videos and book. I do have a question on one of the matter’s when registering published images. If you have multiple shoots that have been published at different times all within the 3 month grace period, can you register them all together? If so, what would you put as the publication date? If not, would it then be better to register by paper form as to save cost of multiple filings?
#12 by Jack and Ed on January 25, 2013 - 11:04 am

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I would register them and see what happens. Sometimes, like my mom says about chicken soup, it couldn’t hurt. I would be very specific in titling them as the Copyright Office likes it to be clear as to what is being registered. So it might be titled “JackPhotos_1stQuarter2013″ and then each file would be titled specifically as to what the images are. The clearer the better. But with published photos, it might be best to call the copyright office and ask them directly. And if I remember what the last Copyright official told me, it would be the oldest date for first publication, as that would be the “first” date of publication. The lesson to really take away is you should try and register all your work as unpublished.
#13 by Ken L on January 25, 2013 - 12:28 pm

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Thank’s Jack,

I live in Maryland and was able to visit the copyright office yesterday to pick there brains. Ed was right, the employees were very nice and informative. Not sure if you and your readers know this, but the Copyright office has a online pilot program that will allow you to register published photos with multiple dates as long as they are in within the same year. While the way you have to file is a little bit tedious, It’s certainly better then having to burn a disk and send in paperwork. And the best part….you guys will love this, it only cost the $35.00 instead of the $65.00 manual form fee. Bonus!!! I would imagine that the processing times would be a lot faster also.

I agree, registering unpublished is alot easier. I only wish Adobe Lightroom had a plugin to export right into to the copyright office…Wait that would be to easy!

Thanks Again

P.S.

If you would like the info on the pilot program let me know and I can send you the info.
#14 by Russ Hartung on July 26, 2013 - 1:54 pm

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Jack and Ed,

I have really learned a lot from your presentations on Kelby Training and I have just discovered your blog. Great presentation style and substance.

One question for your blog – how do you find out if somebody has used your image illegally?

It seems that there must be a way to discover this other than by accident. Is there a way, (any software, etc) to search for your images. (Although if the image is used in packaging, etc, I imagine it might not show up in an online search).

Thanks. Keep up the good work!

Russ Hartung
#15 by Jack and Ed on July 26, 2013 - 5:20 pm

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Some of it is luck, but it’s amazing how many times friends just happen to see images. Happened to me several times.
But there is also Tineye.com and Google Images, where you can upload an image and it does a visual search on the Internet. Both free. Google probably does a deeper search.
Check them both out.

Jack
#16 by Patrice JERVIS on August 15, 2013 - 4:00 pm

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I looked at your videos on kelby training
and could not get an answer
Do you need, in the US a model release if the image is being used exclusively in an online portfolio?
#17 by Jack and Ed on August 19, 2013 - 10:20 am

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Impossible to answer without a lot more facts. The only “quick” answer is “probably, most likely, but not always”. One set of facts does not equal another set of facts. All these type of questions are fact dependent.
Jack
#18 by Patrice Jervis on August 19, 2013 - 11:10 am

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Can I have an on line photography portfolio
If I own a photography business?
And if so would the pictures in my portfolio
Be considered as commercial use?
#19 by Jack and Ed on August 19, 2013 - 11:29 am

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I’d highly recommend to hire an IP lawyer in your state to get a definitive answer, rather than depending on an answer from the Internet.
Especially if you’re concerned.
The issue is, I don’t know what kind of photography business you have. What kind of images you’re talking about. What state you live in. You could be talking about nudes on an S&M site. You could be talking about family portraits. Or something in between. I’ve had people “describe” their images as “They are simply blah, blah blah“.
And then when I see them with my own eyes, I go “OMG!!”
Without seeing specifically the images themselves, it’s impossible to really give an answer.
As the Russian says goes “Seeing it once is worth a thousand explanations”.
I’m not trying to be difficult, but anyone online who gives you an easy answer to a question like that is not really doing you a favor.
I hope you understand.
Jack
#20 by Patrice JERVIS on August 23, 2013 - 2:57 pm

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Ok.
thank you
No more shots without photo a release
CYA or in this case CMA
I will be looking at you all on kelby training
(It is killing my Mobile DATA plan).
But I am loving it!
#21 by john Esposito on October 14, 2013 - 8:06 pm

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I like to take street pictures of wall art. Murals that have been painted on walls and graffiti. In most cases the artist’s name is not there. This may be a stupid questions, but if there is not a artist’s name on the wall, can I sell the pictures I take of them?

Thanks