Copyright Notification

All photographs, text and html coding appearing in the Grace Hedemann Photography site are the exclusive intellectual property of Grace Hedemann and are protected under United States and international copyright laws. The intellectual property MAY NOT BE DOWNLOADED except by normal viewing process of the browser. The intellectual property may not be copied to another computer, transmitted, published, reproduced, stored, manipulated, projected, or altered in any way, including without limitation any digitization or synthesizing of the images, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known, without the written permission of Grace Hedemann and payment of a fee or arrangement thereof. No images are within the Public Domain. Use of any image as the basis for another photographic concept or illustration is a violation of copyright.

What is Copyright?

The U.S. Constitution and the Federal Copyright Act give "copyright" protection to "authors" for their "original works," such as photographs. Among the protections that copyright owners have are the exclusive rights to:

  1. Make copies of the work
  2. Prepare other works based on the original
  3. Distribute copies of the work to the public by sales, rental, lease, or lending
  4. To publicly perform and display the work.

These rights are protected by laws which provide for damages and criminal penalties for violations. Both the customer and the lab are subject to the law.

Who Owns What?

The law says the "author" is the owner of the copyright. The author of a photo or image is usually the person who snapped the shutter or created the image. If you took the photo, you own the copyright. If a professional photographer took the photo for you, then he or she owns the copyright. If that photographer is an employee of a studio or other person in the business of making photos, then his or her employer is considered the author.

Prior to 1978, court cases said a customer who commissioned a photo was the employer of the photographer, so customers could get reprints made without any problem. In 1979, the U.S. Supreme Court said that was no longer true. To be an employee, the court said a person would have to be considered an employee under the traditional tests such as are used to impose payroll taxes, social security, and similar laws. That is not the usual customer-photographer relationship.

Why All The Fuss?

The primary reason is economic. Photographers feel they invest a lot of time and creative energy in getting experience, and setting the camera, pose, lighting, background, and extra shots to get the right one. They generally price their services by taking into account the fact customers will purchase their prints from the photographer. Thus, the photographer wants the customer to come to him or her to request reprints so an appropriate fee can be charged.

Some photographers charge a realistic fee "up front" to compensate for their services, whether or not prints are ordered. They may authorize the customer to have prints made anywhere.

Some photographers also are concerned about artistic integrity. Since their name is associated with the photos, they want control over how the reprints look. There may be many other reasons. You are encouraged to discuss these issues with your photographer. That way, his or her position can be fully explained, and you can obtain the additional copies you desire. Reprinted from Kodak Copyright Guidelines

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