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Is a derivative work of a copyrighted photograph, taken by re-photographing the original image, considered to be legally bound by the copyright of the original image, or is it a separate and distinct work subject to its own copyright protections?
According to US copyright laws, the photographer who takes a photo is the original copyright owner, unless it's a "work made for hire."...
Photographers have exclusive rights to sell, rent, or lease their images to others and can register their copyright with the US Copyright Office...
Transferring copyright to someone else requires a written agreement, which must be signed by the copyright owner...
Once an original work is "fixed" in a tangible medium, copyright protection exists from that moment...
For photographers, fixation occurs when they take a picture...
Copyright infringement occurs when someone uses an original work without permission or authorization...
To prove copyright infringement, the burden of proof is on the plaintiff to show they are the owner of a valid copyright in the work...
Photographers have the right to make, sell, or distribute copies, adapt, and publicly display their work...
The owner of a copyrighted work has the exclusive right to authorize or prohibit the making of copies, performance, or display of the work...
In the US, there is no specific rule for the number of words, musical notes, or percentage of a work that constitutes fair use...
Fair use is only applicable for purposes such as commentary, criticism, news reporting, and scholarly reports...
Under the fair use doctrine, it is permissible to use limited portions of a work, including quotes...
Certain photography-related professions, such as freelance photographers, may be considered "works for hire" and have their copyright owned by their employer instead of themselves...
Photographers may need to obtain release forms from individuals in their photos, especially for commercial use...
Release forms are not necessary for editorial use, but the photographer can still benefit from the use of the image...
Refusing to use potentially copyrighted material in an image can help prevent copyright infringement disputes...
The best strategy in case of a copyright infringement dispute may be to avoid any dispute or lawsuit, and instead, focus on removing potentially copyrighted material from the image...
Fair use is not a strict concept, and judges may evaluate each case individually, considering factors such as the purpose and character of the use, the nature of the copyrighted work, and the effect of the use on the market for the original work...
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