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05-20-2010, 07:56 PM   #1
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K-X and copyrights

was reading the manual, came across the copyright info... Images taken using the K-X that are for anything other than personal enjoyment cannot be used without permission according to the rights as specified in the Copyright Act. Please take care, as there are cases where limitations are placed on taking pictures even for personal enjoyment during demonstrations, performances or of items on display. Images taken with the purpose of obtaining copyrights also cannot be used outside the scope of use of the copyright as laid out in the Copyright Act, and care should be taken here also.... as found on page 2 of the manual printed and PDF. seems that any picture we take with it are NOT our copyright, yet we can set it on a picture with copyright with our information, as for me it is my email address and name in every picture. so do we own the copyright or not, with the exception being of art and concerts and so on that require release papers to be signed.

05-20-2010, 08:45 PM   #2
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Cannot be used without the permission of the subject, that is? There's no limitation on what you can or can't take with the camera.

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05-20-2010, 09:20 PM   #3
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Each country, and sometimes each state in a federal country, has its own Copyright Act. You cannot generalise.

More generally, if the camera is yours and you take the photo, the photo is yours. This rule applies to the very large majority.

If you use someone else's camera, or your employer's camera, there is some 'grey' area and it might not be simple depending upon the legislation and Copyright Act. In some places, the copyright of photographs taken as part of your work would be owned by the employer, or jointely owned by employer and photographer.

If you photograph people, it is courtesy to ask permission. Full stop, as Adam pointed out...

Last edited by hcc; 05-20-2010 at 10:25 PM. Reason: Typos
05-20-2010, 11:12 PM   #4
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In general terms, the weasel words in the manual have no real meaning. Local copyright laws will take precedence every time, I suspect.
Note that copyright and usage are completely separate issues.

05-20-2010, 11:27 PM   #5
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Again Copyright basics

Copyright exists the minute you take the picture.
http://www.copyright.gov/circs/circ1.pdf
From page 2:

"Who Can Claim Copyright?
Copyright protection subsists from the time the work is created
in fixed form. The copyright in the work of authorship
immediately becomes the property of the author who created
the work. Only the author or those deriving their rights
through the author can rightfully claim copyright.
In the case of works made for hire, the employer and not
the employee is considered to be the author. "

Other Info:
10 Big Myths about copyright explained
A brief intro to copyright
Registration Counts | American Society of Media Photographers
Bert P. Krages Attorney at Law Photographer's Rights Page
Photographers' Guide to Privacy

What you might be interested in is the following:
Legal Pitfalls in Taking or Using Photographs of Copyright Material, Trademarks and People
Pictures From Public Places Not Private

When in doubt - Google/Bing can be your friend.

The Elitist - formerly known as PDL
05-21-2010, 02:28 AM   #6
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This has been discussed before; if I'm not mistaken that was with a K100D. Do a search
05-21-2010, 02:57 AM   #7
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What it means is that the copyright on any pictures you take with your Pentax camera is owned by Hoya Corporation, who only grant you a license to use the images for personal purposes only.

If any of your images earn any money though, they'll be expecting a cheque from you. I think that is perfectly reasonable of them.

But seriously, ignore that boilerplate in the camera manual. They have to write some stuff in there to satisfy the bureaucrats and lawyers, but it means little.
05-21-2010, 03:07 AM   #8
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It is simply Hoya's lawyers doing what lawyers do best. Weaseling. They are trying to ensure that during any future claims against a Pentax user, that user cannot third-party Hoya. Very simple.


Last edited by omega leader; 05-21-2010 at 03:10 AM. Reason: Can't type...its 6am
05-21-2010, 06:05 AM   #9
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QuoteOriginally posted by sterretje Quote
This has been discussed before; if I'm not mistaken that was with a K100D. Do a search
Yup. Check the similar thread below.

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05-21-2010, 09:42 AM   #10
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QuoteOriginally posted by EvilPentaxUser Quote
was reading the manual, came across the copyright info... Images taken using the K-X that are for anything other than personal enjoyment cannot be used without permission according to the rights as specified in the Copyright Act.
Right- just as is the case with *any* camera. If you take a picture of something that is itself copyrighted, you might not own the copyright to the picture you take (in the US, it would likely be considered a "derivative work"). Nothing at all unique to the K-x in that.
05-21-2010, 11:35 AM   #11
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QuoteOriginally posted by Marc Sabatella Quote
Right- just as is the case with *any* camera. If you take a picture of something that is itself copyrighted, you might not own the copyright to the picture you take (in the US, it would likely be considered a "derivative work"). Nothing at all unique to the K-x in that.

And, certain private venues restrict your right to photograph on their premises. If you visit Disneyland, for example, you're allowed to take all the photographs you want for your personal use, but don't try to publish a shot of Cinderella's Castle.

My wife and I like to cruise. I looked at the cruise contract and the cruise line had the same restriction. Any photograph that showed a recognizable logo or feature of the ship could not be used commercially. This applied only to shots taken on board.

A few years ago, here in Cleveland, the Rock and Roll Hall of Fame sued a local photographer who was selling poster-sized prints of the Museum. They lost, because his photographs were taken from across the street on public property.

I think that the wording in the manual is just there to remind you that you may NOT own commercial rights to every image you create.
05-22-2010, 11:45 AM   #12
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QuoteOriginally posted by noblepa Quote

I think that the wording in the manual is just there to remind you that you may NOT own commercial rights to every image you create.
There is also going to be a certain amount of CYA from Hoya's perspective.
If a person gets sued for copyright infringement, Hoya would, I am sure, prefer to not be named as a party to the injury since they made the infringement possible by supplying the equipment used.
05-22-2010, 09:32 PM   #13
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QuoteOriginally posted by Wheatfield Quote
There is also going to be a certain amount of CYA from Hoya's perspective.
If a person gets sued for copyright infringement, Hoya would, I am sure, prefer to not be named as a party to the injury since they made the infringement possible by supplying the equipment used.
Possibly. Lawyers are big on CYA.

However, there is a supreme court case that decided pretty unequivocably, that the equipment maker could not be held liable for the infringement by a user of that equipment. It was Sony vs. Universal Studios, commonly referred to as the "Betamax Case".

Sony Corp. of America v. Universal City Studios, Inc. - Wikipedia, the free encyclopedia

The primary complaint by the movie studios was that users were copying over-the-air broadcasts (timeshifting) and that this constituted copyright infringement. The court ruled that an individual making a single copy for his/her personal enjoyment was "fair use" and was allowed under copyright law.

The complaint further alledged that Sony, as makers of equipment that could be used for infringement, could be held liable for such infringement by end users. The court's ruling was that, since the Betamax had substantial uses, other than infringing copyrights, Sony was not liable for any such infringement.

I think that this decision protects camera makers from charges of contributory infringement, since cameras also have substantial uses that clearly do not infringe on anyone's copyright.

Of course, anyone can sue anyone else for anything they like, at any time, especially in the US. They may not win, but they can cause the defendant to spend a lot of time and money defending themselves in court. If the lawyers feel that a simple statement in the owners manual will reduce the chance of a lawsuit, successful or not, they will put it in.
05-23-2010, 07:38 PM   #14
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well, all replies make sense, on a commercial level of commercial products, yes, copyright would exist and be held by the owner of the work. on a personal level, if say I shoot a wedding, the way I setup the camera per the owners manual for copyright ownership, my information is saved in every picture, but, I do NOT print any pictures, I burn to a DVD now, with light scribe, then the copyright is to print as many pictures as needed, I still retain copyright, but the bride and groom can order prints with a DVD. they can always order another DVD, but I trust they do not copy the disk.. my next shots are of the engagement pictures then the wedding. the groom works with me and local wedding photographers start at $2300. my last wedding paid only $150, 4 copies on CDs, delived same day as wedding, also last time ever pictures will be same day service ever... and I almost quit weddings.
05-24-2010, 10:58 AM   #15
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Wheatfield is right. Purely CYA on the part of Hoya. It cost them nothing to put it in, and does no harm being there so even if ti is unnecessary they loose nothing.
It is probably unnecessary to prevent them from loosing a lawsuit, but it could prevent them from being named in one.
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