Watermarks and Copyright

March 18, 2011

Penned and shot by me…

I thought  I would do some research on this matter as this has been brought up in quite a few articles; as well, my brother was asking what method I used to insert my domain name onto my photo.  Being that I am NOT a Judge, Lawyer, Attorney, or let alone doing business in the legal industry, I must say that the opinions shared within this post are strictly my opinions, derived from research from different websites.  Please seek proper legal counsel if accuracy is needed.

Let me first address my brother’s question as this may be a question asked by others.  The means of inserting a logo, domain name or an image (aka watermark) to identify this outwardly to be your creation is done through many post processing and stand alone watermark programs.  Using the post processing SW, there is usually an options tab which has a place to insert text and maybe a graphic.  This happens usually upon export and is by far the simplest means of inserting this “identifier”.

Once you have placed your watermark on your image, does this now make the image yours?  In actuality, the image was yours (ie copyrighted) the moment you clicked the shutter.  Whether you snap a photo, draw a picture or brush some color on canvas, these are instantly copyrighted.  Def. – Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

Now, let’s take it one step further.  The real reason you want to watermark your image is to deter someone from taking that image and using it for personal gain…typically monetary gain…right?  As this is a deterrent, there seems to be one more step needed to enable you to take action and demand financial restitution for anyone taking and using your prized images you worked so hard to create.  The crucial step is to register the image with the U.S. Copyright Office.  Doing so will allow you to bring a lawsuit for infringement.  I have not yet needed or wanted to register any of my posted images, however I may be doing so in the future.

I hope this helps answer some rudimentary questions and intrigues you to learn more.  For more information on copyright, you may visit the U.S. Copyright Office website.

~Dwayne