Hey everyone.

As a person who works with Copyrighted Images and Registered Trademarks every day, I feel that the actual gist of this matter has not been addressed.

First off, let's get 'ownership' taken care of. Say you own a sign - or a globe - or whatever. You only own that item - not the Copyright or the Trademark - just that specific item. Everybody clear on that?

Now let's talk about photography. According to Copyright laws - the person who takes the photograph owns that photograph. This does not have anything to do with the ownership of the actual item itself - just the photograph. Once YOU take the photograph, you can use it anyway you want to. Remember, you own the image. If you want to use it in a book, sell it as posters, make it into T-shirts, etc. - you can do that without the permission of the person that owns the item itself.

Now there are a few things you can't do with an photograph. You can't take a photograph of a copyrighted piece of art - all by itself - and reproduce it. That would be Copyright infringment. By the same token, you can't take a shot of a Trademark (I.E. a Chevrolet logo) - all by itself - and reproduce it. That would be Trademark Infringment.

You CAN make a completely new piece of art (a painting for example) and show a Texaco gas station and a General Motors dealership with a Chevy sign out front. That is okay since you are making new art - and you will 'own' the Copyright to the painting a soon as you 'publish' it. Texaco and GM can't touch you. You won't own the Copyright or the Trademark for the Texaco or Chevy logos - just the actual image depicted in your painting.

Everyone clear on these points?

Now lets talk about the Amistadi book.

Any publisher will make you prove 'ownership' of every photo you intend to use in your book. They will require 'releases' from the person or corporation that owns the image. No publisher wants to be sued for Copyright Infringment.

Now that the book is 'published', Amistadi owns all the images in the book. They can not be reproduced without his or the publisher's permission. The original 'owners' have released their claims on the images and they now transfer to Amistadi.

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Remember, if you let ANYBODY take a shot of any of your collectables - that person can do whatever they want to with the resulting photo. And if you submit a photo to a book or a periodical (or this web site) you are automatically giving permission to use the image as they see fit.

If anyone needs any more information. I'd suggest you visit the Library of Congress, U.S. Copyright Office web page: http://www.copyright.gov/

Later . . .

Jim




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www.T-waysGraphics.com

[This message has been edited by T-way (edited 07-14-2005).]

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