Intellectual Property

The summary below provides information about intellectual property and the rules to respect when
distributing photos.  

Definitions

Intellectual Property:  A product of the intellect that has commercial value, including
copyrighted property such as literary or artistic works, and ideational property, such
as patents, appellations of origin, business methods, and industrial processes.

Copyright: The legal right granted to an author, composer, playwright, publisher, or
distributor to exclusive publication, production, sale, or distribution of a literary, musical,
dramatic, or artistic work.

Patent: A grant made by a government that confers upon the creator of an invention the sole right
to make, use, and sell that invention for a set period of time.

Background History

While copyrights, patents, and intellectual property laws seem like new ideas our history tells us
otherwise. The British created what might be the first copyright law in 1709. However, in the US it
was first introduced during the Constitutional Convention of 1787, when James Madison proposed the following language “to secure to literary authors their copyrights for a limited time”. After a unanimous vote the US Constitution Article I, Section 8 now states...

The Congress shall have Power... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries...

Before freedom of religion, speech, and the freedom of assembly the framers of the US constitution saw fit to protect the ideas and creations of authors and inventors. On May 31, 1790, President George Washington signed the first copyright law in effect.

Overview

PaidPic values and respects the copyright, patents, and all intellectual property of a creator.

In order to protect the rights of a creator the item must be recognizable especially in the case of photography and design when the image captures a recognizable copyrighted item it must have a release from the owner to use the work. If subject of the photo is not recognizable then no release is needed. “Recognizable” means that the creator and sometimes more importantly the law can precisely identify the item. Details are important and one should try to avoid questionable images. One might ask themselves “If I went to this place, met this person, or saw this work of art, would I recognize it/them from this image” If you answer NO to this question then you should be safe, however if you answer Yes you might need to investigate if the item is protected by privacy or copyright.

• when the model is shown from behind
• when the model wears a mask, a helmet or another thing which hides their face
• when the photo is a close-up of the model face so that the model is not recognizable
• when shadows hide model face

• Historic monuments: a release is not required for photos representing historic monuments because architects are dead more than 70-120 years ago (historic monuments are out of copyright). Nevertheless, when an historical monument is transformed, or when new designs are added to it (like lightning or new building), photographer must have an authorization from the new architect (until 70 years after his death or 120 years after the creation of the structure).

• Recent “artistic” buildings and “newly” designed local monuments, bridges, or locations : an authorization is required each time the building or location is recognizable and the main object of the photo. Thus, close-up and photos with buildings in the background (not as subject) can be used.

• Private homes: for private homes and other buildings where they are not distinctly recognizable, you have no need to contact the designer or architect since they look like thousands of other homes. However, the owner of the house may bring an action against the photographer because the use of photo harms them or their privacy. In this case, the owner of the home must prove his case and any damages this may have caused him. It is very difficult to prove this kind of injury because, by definition, this house looks like thousands of others. The borderline between recognizable and non-recognizable is rather slim because it will depend on the judges opinion. To avoid misunderstandings with houses photos, it is recommended to shoot only “traditional” homes, in partial view and without the garden without a property release.

• Country Specificities (Places and Materials)

• A photo displaying a logo or a trademark can not be distributed without authorization of the owner of the brand. Photos must be cleared so that no logo or trademarks can be identified. A number of places are known for being great advertising medium, like F1 racing circuits, subway stations, soccer matches... In those cases, all logo and trademark must be removed from players and infrastructures.

• Some product designs are protected (cars, perfume bottles, toys?). If the product design is distinctly recognizable, photos representing it will need a release to be displayed and sold. If the design product is common and if there?s no way to recognize the trademark, photo can be used without release.

• List of known protected product designs

5 work of art or antique

Photos representing works of art may be displayed without release if the author is dead more than 70 years unless the work was commissioned as work for hire in such case then 120 years, and only if the photo was taken in conformity with the rules of where the image was displayed. In fact, these kinds of photos are generally taken in museum or galleries and photographer has to refer to the museum rules to know if he can shoot inside and use the photos. For street arts, like graffiti, authors are generally unknown because it’s forbidden, so no release is needed except if the work of art is legal or commission by the building or city.


Summary

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