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Author Topic: Toy Photography Copyright Issue  (Read 3026 times)

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Offline apolseban

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Toy Photography Copyright Issue
« on: June 01, 2011, 03:13:45 PM »
Hello sir/ma'am!

Malamang may nagtanong na ng ganitong issue. Pasensya po kung tinanong ko uli. Tungkol po sa copyright ng photo. Nagshoot po kami ng action figures na ipapasa sa isang toy photography contest. Di po sa akin yung toy, sa friend ng friend ko.
Kanino po talaga dapat mapupunta yung copyright ng photo? Sa akin(photographer) or dun sa may-ari ng action figures?

thanks!

Pinoy Photography - Philippines Online Photography Community

Toy Photography Copyright Issue
« on: June 01, 2011, 03:13:45 PM »

Offline vproject

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Re: Toy Photography Copyright Issue
« Reply #1 on: June 01, 2011, 04:18:50 PM »
Yung actual copyright sa yo kasi ikaw naman ang nag-take ng picture.
My Flickr page! :D
http://www.flickr.com/photos/vproject/
Remember, people, commas are your friends. Love them, embrace them, cherish them, and for crying out loud, USE them.

Offline alainbrian

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Re: Toy Photography Copyright Issue
« Reply #2 on: June 01, 2011, 04:19:40 PM »
Sir, IMO the photo is yours, since you shot it yourself with your camera. I would suggest to credit the action figure owner. Though that's just me. Let's wait what the PRO's has to say.  ;D

Offline black69

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Re: Toy Photography Copyright Issue
« Reply #3 on: June 01, 2011, 04:30:24 PM »
copyright sa photographer, siya gumawa ng image by pressing the shutter button.


Offline apolseban

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Re: Toy Photography Copyright Issue
« Reply #4 on: June 01, 2011, 04:33:54 PM »
ok.. thanks guys.. i appreciate it very much.. ;)

Offline creationz

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Re: Toy Photography Copyright Issue
« Reply #5 on: June 01, 2011, 05:12:51 PM »
then suddenly there is a "model release for" for toys hehehe.
Think out of the box.

Offline dman

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Re: Toy Photography Copyright Issue
« Reply #6 on: June 01, 2011, 06:15:55 PM »
naturally it's yours since you're the one who took the picture. you can just give him credit and probably share a copy :)

parang ganito yan...you take a picture of a car in a car show....the owner of the car can't say the picture is his , he can only say that the car in the picture is his.

your shot...your photo....your copyright :)
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Re: Toy Photography Copyright Issue
« Reply #7 on: June 01, 2011, 06:17:47 PM »
kahit sa sitwasyon na di ikaw ang may ari ng camera pero ikaw kumuha ng pic, dapat sa iyo pa rin ang copyright ng image.

Offline JimDimasalang

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Re: Toy Photography Copyright Issue
« Reply #8 on: June 01, 2011, 08:17:26 PM »
Hi,

Magandang icheck mo rin yung fineprint ng contest baka sakaling may nakalagay tungkol isa issue na yan. :-)

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Re: Toy Photography Copyright Issue
« Reply #9 on: June 01, 2011, 09:47:00 PM »
Hindi naman pwede mag demanda yun laruan.. hehe :) pero interesting question to ask and pati ako na-enlighten!

Agree ako dun sa pag credit ng owner of action figure especially if it's a rare item unless he specifically declines to be named :D
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Offline keeper

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Re: Toy Photography Copyright Issue
« Reply #10 on: June 01, 2011, 10:55:40 PM »
RA 8293 - Intellectual Property Code of the Philippines

part IV - The Law on Copyright

CHAPTER II
ORIGINAL WORKS

Sec. 172. Literary and Artistic Works. -

    172.1 Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:

        xxxx

        (k) Photographic works including works produced by a process analogous to photography; lantern slides;

        (m) Pictorial illustrations and advertisements;


      
    172.2. Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose.

CHAPTER VI
OWNERSHIP OF COPYRIGHT

  Sec. 178. Rules on Copyright Ownership. - Copyright ownership shall be governed by the following rules:

    178.1. Subject to the provisions of this section, in the case of original literary and artistic works, copyright shall belong to the author of the work;

    178.2. In the case of works of joint authorship, the co-authors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership. If, however, a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be the original owner of the copyright in the part that he has created;

    178.3. In the case of work created by an author during and in the course of his employment, the copyright shall belong to:

        (a) The employee, if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer.

        (b) The employer, if the work is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary.

    178.4. In the case of a work-commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary;

    178.5. In the case of audiovisual work, the copyright shall belong to the producer, the author of the scenario, the composer of the music, the film director, and the author of the work so adapted. However, subject to contrary or other stipulations among the creators, the producers shall exercise the copyright to an extent required for the exhibition of the work in any manner, except for the right to collect performing license fees for the performance of musical compositions, with or without words, which are incorporated into the work; and
« Last Edit: June 01, 2011, 10:59:54 PM by keeper »
nemo est supra legis

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Re: Toy Photography Copyright Issue
« Reply #11 on: June 02, 2011, 09:04:52 AM »
thanks guys..

@dman - very well-said..:P

@sir jim - yep..makapagtanong nga sa mga organizer..


Offline alainbrian

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Re: Toy Photography Copyright Issue
« Reply #12 on: June 02, 2011, 09:26:10 AM »
RA 8293 - Intellectual Property Code of the Philippines

part IV - The Law on Copyright

CHAPTER II
ORIGINAL WORKS

Sec. 172. Literary and Artistic Works. -

    172.1 Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:

        xxxx

        (k) Photographic works including works produced by a process analogous to photography; lantern slides;

        (m) Pictorial illustrations and advertisements;


       
    172.2. Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose.

CHAPTER VI
OWNERSHIP OF COPYRIGHT

  Sec. 178. Rules on Copyright Ownership. - Copyright ownership shall be governed by the following rules:

    178.1. Subject to the provisions of this section, in the case of original literary and artistic works, copyright shall belong to the author of the work;

    178.2. In the case of works of joint authorship, the co-authors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership. If, however, a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be the original owner of the copyright in the part that he has created;

    178.3. In the case of work created by an author during and in the course of his employment, the copyright shall belong to:

        (a) The employee, if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer.

        (b) The employer, if the work is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary.

    178.4. In the case of a work-commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary;

    178.5. In the case of audiovisual work, the copyright shall belong to the producer, the author of the scenario, the composer of the music, the film director, and the author of the work so adapted. However, subject to contrary or other stipulations among the creators, the producers shall exercise the copyright to an extent required for the exhibition of the work in any manner, except for the right to collect performing license fees for the performance of musical compositions, with or without words, which are incorporated into the work; and
This answers everything. Thanks for sharing!  ;D

Offline apolseban

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Re: Toy Photography Copyright Issue
« Reply #13 on: June 03, 2011, 03:12:38 PM »
@keeper - definitely a must read..thanks, man.. ;P

Offline keeper

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Re: Toy Photography Copyright Issue
« Reply #14 on: June 03, 2011, 03:35:26 PM »
ur welcome. yung importatne kasi sa copyright is the act of transforming an idea into something tangible. kasi yun ang pwede i.copyright. kahit pa ang ganda2x ng idea mo or nung ng nag commission sayo para sa isang photoshoot, kung hindi iyan naging photograph, hanggang idea lang yan, it can never be protected.  ;)

take the case of Facebook, ung magkapatid na kaibigan ni Mark Zuckerberg ang totoong may idea nung Facebook, pero hindi ito na express into something tangible, lahat ng gusto nila about the site, sinabi nila kay Mark, Mark is one who created the actual site, once na launch yun, may claim na si Mark sa copyright. kaya lang nag prosper yung case ng mag kapatid is that may witness sila at documents to prove na they had a hand ( idea) about Facebook plus nag admit din si Mark. kaya yun, settlement nalang para matapos.
nemo est supra legis

Offline wheelee

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Re: Toy Photography Copyright Issue
« Reply #15 on: June 03, 2011, 04:27:57 PM »
so kung idea ko sya pero iba ang kumuha - sa kanya yung copyright?
lagi bang ganon?

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Re: Toy Photography Copyright Issue
« Reply #16 on: June 03, 2011, 04:38:49 PM »
Mukhang million dollar deal yan sir ah at kailangan talaga ayusin ang copyright. Pwede bang sumali sa racket niyo?

Offline alainbrian

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Re: Toy Photography Copyright Issue
« Reply #17 on: June 03, 2011, 04:41:47 PM »
ur welcome. yung importatne kasi sa copyright is the act of transforming an idea into something tangible. kasi yun ang pwede i.copyright. kahit pa ang ganda2x ng idea mo or nung ng nag commission sayo para sa isang photoshoot, kung hindi iyan naging photograph, hanggang idea lang yan, it can never be protected.  ;)

take the case of Facebook, ung magkapatid na kaibigan ni Mark Zuckerberg ang totoong may idea nung Facebook, pero hindi ito na express into something tangible, lahat ng gusto nila about the site, sinabi nila kay Mark, Mark is one who created the actual site, once na launch yun, may claim na si Mark sa copyright. kaya lang nag prosper yung case ng mag kapatid is that may witness sila at documents to prove na they had a hand ( idea) about Facebook plus nag admit din si Mark. kaya yun, settlement nalang para matapos.
Saktong sakto yang facebook example sir sa idea ng copyright.

so kung idea ko sya pero iba ang kumuha - sa kanya yung copyright?
lagi bang ganon?
Case by case din siguro sir, pero most of the time siguro sagot YES. based on the example above.


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Re: Toy Photography Copyright Issue
« Reply #18 on: June 03, 2011, 04:54:42 PM »
Maliban siguro if you work for a Company?

Offline keeper

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Re: Toy Photography Copyright Issue
« Reply #19 on: June 03, 2011, 06:13:43 PM »
so kung idea ko sya pero iba ang kumuha - sa kanya yung copyright?
lagi bang ganon?

tehnically, YES. our courts will not probe into the human mind, you prove whats on the mind thru the overt acts of the individual. madali lagi kasi sabihin na " yung pic na yan, idea ko yan" paano mo ma prove, present ka witnesses that at the time you posed the idea to someone, andyan yung witness at yung details ng idea mo, yun din ang lumabas sa pic.

Maliban siguro if you work for a Company?

for this you apply section 178.3 (a) & (b)
nemo est supra legis

Offline apolseban

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Re: Toy Photography Copyright Issue
« Reply #20 on: June 06, 2011, 11:48:00 AM »
salamat mga master..napaka-informative ng usapan na'to..keep it up..:)

Offline fifigrafi

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Re: Toy Photography Copyright Issue
« Reply #21 on: June 06, 2011, 12:46:43 PM »
thanks for bringing this topic up. very helpful

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