Metadata & Copyright
Metadata & Copyright
What is Metadata?
Metadata is a set of data that describes and gives information about other data.
Metadata allows information to be transported with an image file, in a way that can be understood by other software, hardware, and end users, regardless of the format.
There are 3 main categories of data:
Administrative – identification of the creator, creation date and location, contact information for licensors of the image, and other technical details.
Descriptive – information about the visual content. This may include headline, title, captions and keywords. This can be done using free text or codes from a controlled vocabulary.
Rights – copyright information and underlying rights in the visual content including model and property rights, and rights usage terms.
How to access and Edit Metadata in Photoshop:
1. Open an image into Photoshop
2. Go to File (Menu Bar) > File Info
3. The Metadata Dialog box will appear.
4. Enter any pertinent information about the image.
5. Click OK when done.
What is Copyright?
Copyright is the exclusive right to control reproduction and commercial exploitation of your creative work.
Copyright protects any kind of artwork, including illustrations, photographs and graphic design.
You own the copyright in your work at the moment you create it in a “fixed” form of “expression.”
A fixed form of expression is any tangible medium that can be perceived by humans, including traditional forms and new forms that require a machine to perceive.
Copyright Registration
Even though formal registration of copyright is not required by law, it is still beneficial because it establishes a public record of the date of creation and the original owner incase at a later date, it becomes necessary to take legal action against infringement. If you feel that you have created something of value that others might be tempted to appropriate, then you should register it.
The registration process is very simple. Go to www.copyright.gov and download Form VA (for visual arts). Complete the form and send it to the Copyright Office with documentation of the work that you are registering plus a filing fee. After receiving your packet, it usually takes the Copyright Office 16-24 weeks to complete the processing of your registration.
Copyright Infringement
Copyright infringement happens whenever someone makes copies or commercially exploits a work without the copyright owner's permission.
The second work must actually be copied from the first work—if you just happen to create a very similar work independently, that is not infringement.
Contrary to popular belief, there is no “20 percent rule,” i.e., you cannot escape infringement by changing something by 20 percent. Infringement is not a mathematical calculation.
What is a Trademark
A trademark is any phrase or symbol that functions as a brand, that is, it tells the public that there is a particular source or manufacturer for products or services (e.g., “Mattel” is a trademark for the toy company; the Apple logo is a trademark for the computer company).
Unlike copyright, ownership of a trademark is not about who created the mark. Trademark rights are created by using the trademark for goods and services in commerce.
What is Fair Use?
It is important to note, however, that there are certain uses of copyright- protected material that do not constitute infringement. These have to do with criticism, comment, news reporting, teaching, scholarship and research. Fair use also protects parody, satire and caricature. Usually only a small portion of the work is used, and it should not affect the potential market value of the work. Factual works tend to be less protected than creative ones and, in a dispute, the court will consider whether the use was commercial or nonprofit.
Watermarking
A watermark is a superimposed image, logo, or text placed over a digital image —usually as a method of identifying the image’s creator.
Making your work easily identifiable might help viewers find you and more of your work, especially if it gets shared around the Web. For some, the watermark is simply a way to “sign” their digital art.
Give thought to your watermark. The options are endless, but, as you are about to mark up a beautiful image that took a lot of effort to create, be sure to put some effort into the design of your watermark.
Size matters. You want the watermark legible, but not overwhelming. We have all seen watermarks on images that are so small they cannot be read—this negates the whole purpose. Many of us have also seen watermarks so obnoxiously large that you cannot tell what the image underneath looks like. Pick a conservative size. Don’t create another focal point that takes away from your creation.