Question

Topic: Strategy

A Unique Image To Offer While Protecting Copyright

Posted by Anonymous on 7/30/2010 at 2:24 PM ET 250 Points
24 years ago I took a series of B&W film photos of landscape scenes near the summit of Mt Koskiusco, Australia’s tallest mountain. For twenty years I have had framed blow-ups of two of the shots on my wall. (Ricoh 35mm 50mm lens F16 at 250th Kodak 5062; taken with a clear sky, using a red filter, which brought out previously invisible cloud patterns). The images excite comment when people notice.
Last week I was looking at one, and I noticed for the first time a curious cloud formation, which is repeated (not as good but the image is better) in the second taken some 20 minutes later. It is very obvious once one has noticed it, and quite unique (I know the meaning of the word). I think it is marketable, but am concerned about copyright, and wish to consider offering archival quality prints in limited quantities made in my own lab. I do not wish to cheapen this by Ebay style marketing, but need to consider wide appeal, at the same time as protecting the image from unauthorized reproduction.
Suggestions please.
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RESPONSES

  • Posted on 7/30/2010 at 3:19 PM Moderator
    Start by asking yourself what you expect to accomplish with this venture. Why are you doing it? Is it because you think you might make money? Or is it to share your talent more broadly? Or is it so you'll have more motivation to pursue photography? Or because you want to be known/remembered as a great artist/photographer?

    If money is part of your equation, then the right place to start is with a simple business plan. Consider how you'd market and distribute/deliver the images. Who is going to do that? What investment will be required? How much time/energy will be required, and for how long a period of time?

    This might be a great idea, and the first step is to think through what you expect to achieve with it and how you'll know if/when you've been successful (or when to cut bait and move on to something else).
  • Posted by Peter (henna gaijin) on 7/30/2010 at 5:36 PM Member
    Your photos as taken are copyrighted based on the rules of the country you are in (would that be Oz?). The cloud formation if used as part of the photo would still be covered under the copyright. So if you sold prints of the photo that were cropped to just show that formation, it should be covered.

    But, if someone drew the cloud formation with a pencil, then it may or may not be covered under your copyright.

    And if that formation shape was used as a logo for a company, then it would start falling under trademark rules for your company (though if they used the photo itself in the logo, the photo still falls under your copyright).
  • Posted by Brazzell Marketing on 8/2/2010 at 5:33 PM Accepted
    If you need the prints to be made in your own lab and shipped by you, you may want to consider setting up your own online store. I can recommend www.CityMax.com for your needs and I can recommend against any online store builder by Intuit. Ebay is anything but cheap marketing, so you might not rule that out.

    However, I think you may be underestimating the strength of the normal copyright that automatically applies to your work. You may find that you can generate greater revenue by teaming up with an outfit that specializes in selling artwork such as https://www.artweb.com/Sell-Prints

    You might also consider selling some of these photos on I-Stock or Getty. The royalty free stock houses pay you less, but the rights that users buy specifically prohibit selling prints of the artwork, putting them on t-shirts for sale, etc. People only buy the prints to use as backgrounds for ads, magazine covers, brochures, websites, etc.
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