QUESTION

I feel the pictures are my intellectual property until I make money on them and I can do what I want with them.

Asked on Nov 10th, 2012 on Intellectual Property - California
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3 ANSWERS

Business Transactions Attorney serving Los Angeles, CA at Doland & Fraade
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Very interesting statement but you forgot to ask a question.
Answered on Nov 13th, 2012 at 1:20 PM

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Patents Attorney serving McLean, VA at George H. Spencer
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Your message is not very detailed so it is hard to know exactly what is involve. However, pictures that you create are automatically covered by copyright and unless you give someone the right to, e.g., duplicate, no one can legally do so. Even selling a picture to some one does not given them more than ownership of the picture and without your permission, the owner of the picture could not reproduce it. However, to maximize your rights, you need to file an application for copyright registration with the Library of Congress within 90 days of the first publication/public showing of the picture.
Answered on Nov 12th, 2012 at 9:26 AM

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I would need to more facts about the pictures you are referencing for a better answer. In general, though, pictures - photographs and artwork - are protected by copyright law. Usually the author - the person who took the photograph or the artist who painted the picture - owns the copyright in the picture. The author has the sole right to make copies, distribute, or publicly display the picture, or make other works that are based on the picture (derivative works). There are some exceptions to who is an author, and an author can sell his or rights, in whole or in part, to someone else who would then own all or some of the rights under copyright. Also, the copyright in the picture must be registered with the United States Copyright Office to be enforced in this country, if the picture was created in this country. Additional facts could change this analysis so you should consult someone who can learn more about your situation.
Answered on Nov 11th, 2012 at 2:23 PM

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