Copyrighting Laws

[tait]

I searched around on the net but I couldn't find a clear answer, and there's a large group of smart individuals here so I thought I could get some help/advice here. The problem is one of my personal photos were published in a skateboarding magazine (http://www.eevo7.com/kyle/skatepics/frontsideflip.jpg ). It was given to them by a friend of mine, and published without my knowledge. This is where my problem comes in, I didn't get any credit for the photo. If I want to pursue a career in photography, something like this in my porfolio would give a great impression; but without proof i've got nothing.

Is there anything I can do? Is my work already to be considered "copyrighted" in some form, or do I have to go through a process to get it copyrighted first. Also, I live in Canada and the magazine is published in Canada.

 

[Duke]

Unfortunately, since your friend gave them away without your knowledge or consent, it's going to be tough to really establish a claim. The magazine shouldn't have published them without a Release Form, however, unless they have a policy on reader-submitted pics that states they become their property.

However, if you write them a polite letter and explain the situation, they may be willing to post a little blurb in their "Corrections" column stating which pictures should have been credited to you. I know Grassroots Motorsports prints reader-submitted photos of events, and every so often you'll see a little paragraph saying something like "The photos of such and such event in the July '05 issue were taken by So and So of Podunk, Missouri." when the source contacts them.

[edit] I realize I never exactly answered your question. No, you don't have to fill out paperwork or anything to establish copyright. You do, however, have to state on the photo or in the accompanying document that the photos are copyrighted to you. Usually a simple "copyright So and So" or the "© So and So" symbol is sufficient. You actually don't want to put the year in, since that implies a limit to the time of ownership.

 

[a6m5]

I was going to suggest exactly the same thing. Man, Duke and I are so smart!