A LITTLE BIT ABOUT COPYRIGHTS

The Copyright Symbol

You go to a website or blog and see something there you think is just way cool.  An image, an article, a bit of animation, whatever.  And you think, "Wow!  That is just too cool.  I want to use that on my site" (or "in my comp" or "for my next project").  So, you do a little click-and-hold action (for us MAC folk), and, voilà, you download that sucker.

Congratulations, you have just violated Federal law.

Most of the content you see on the web (and absolutely all of the content on this site) is copyrighted by the original producer of that content.  If it's an image, the photographer holds the copyright; if it's text, the author; and so on.  And reproducing that content, in any way, without permission of the copyright holder is a violation of Federal law.

Period.

No, really...I'm not kidding here.

The content doesn't even have to be registered with the Copyright Office of the US government.  See, in the US the moment an original work is created, its copyright is also created and the holder of that copyright is the creator of that work.

And the moment you download it, you have reproduced it (that download is a copy of what was on the site, remember), and you could be in some serious trouble.

The penalties for copyright violation vary, but if the creator hasn't officially registered the material, you're looking at paying damages amounting to the lost value of that content.  If he or she has registered it, you're looking at THREE TIMES that, at least.  Not to mention all the legal costs you'll get stuck with.

Now, if you're really devious (and I'm sure none of you are, but just in case), you could be thinking, "Well, I'll just do some manipulation to that content, then it's original and I'm home free!"  Nope, uh-uh, that's called a "derivative work" and it's just as much of a violation as a simple download.

So, what does that mean for you?  Well, I want you to look at my work on both my blog and website.  I  just ask that you not download or copy anything for any use without contacting me first.  I know that many of you are designers and/or bloggers who might want to use an image for a comp or something.  That's fine, just ask first please.

To find out more try these fine sites:

What is Copyright Protection?

US Copyright Office

Note:  Thank you to The Darkroom for permission to reprint this article.

FINE ART PHOTOGRAPH OF THE WEEK: BLOWING PALMS, MOLOKAI

©Kelly Fitzgerald.  Blowing Palms, Molokai
Silver Gelatin Archival Fiber Base Print
30" H x 40" W
Limited Edition of 30
$2,000 Unframed

While exploring the island of Molokai, I saw these six coconut palm trees blowing in the trade winds.  I believe these palms are part of the ancient Hawaiian coconut grove planted in the 1860's during the reign of King Kamehameha V.  The King, nicknamed Kapuaiwa, selected this particular site because of the seven sacred ponds located there.

In the far distance, you can see the island of Lanai.

Professional matting and framing is available for an additional charge.

This work was created by using an old manual SLR film camera and Kodak Professional High-Speed HIE Black-and-White Infrared Negative Film.  Sadly, the film is no longer being manufactured.  The traditional negative is scanned on a drum scanner to create a 300 megabyte digital file which serves as a vehicle for the color balancing, lighting, and darkening that was formerly done in the darkroom.  Once the aesthetic interpretation is realized in the computer and matched with the artist proof print created in the traditional "wet" darkroom, the image is then printed on fully archival paper.  This piece is part of an award-winning series called "A New Discovery".

A fine art photographic print by Kelly Fitzgerald
will beautify your home or enhance your place of business.

If you are interested in purchasing an original fine art print, please contact Kelly Fitzgerald at KelFitzPhoto@gmail.com or call (760) 670-6616.  A range of print sizes are available.  For more information, please visit the print information page on her website.  

A percentage of sales from this print will be donated to a Hawaii non-profit conservation organization. 

Mahalo nui loa.

To learn more about this award-winning body of work, please click here.

To join the Kelly Fitzgerald | Fine Art Photographer facebook community, click here.

To learn more about Kodak HIE black-and-white infrared film, please click here.

FINE ART PHOTOGRAPH OF THE WEEK: WINDWARD COAST, OAHU

©Kelly Fitzgerald.  Windward Coast, Oahu
Silver Gelatin Archival Fiber Base Print
20" H x 24" W
Limited Edition of 30
$1,400 Mounted + Matted

Windward is a term used in the islands to refer to areas where the prevailing winds blow. These areas are wetter and more lush than the drier leeward shore. The windward side of Oahu is strikingly beautiful, with towering green slopes of the Koolau mountains, lush green valleys, waterfalls, rich agricultural areas, and a string of lovely beaches.

The tropical beauty of the windward side is INSANE and I absolutely fell in love with Oahu!  It feels like home to me.

Professional framing is available for an additional charge.

This work was created by using an old manual SLR film camera and Kodak Professional High-Speed HIE Black-and-White Infrared Negative Film.  Sadly, the film is no longer being manufactured.  The traditional negative is scanned on a drum scanner to create a 300 megabyte digital file which serves as a vehicle for the color balancing, lighting, and darkening that was formerly done in the darkroom.  Once the aesthetic interpretation is realized in the computer and matched with the artist proof print created in the traditional "wet" darkroom, the image is then printed on fully archival paper.

This piece is part of an award-winning series called "A New Discovery".

A fine art photographic print by Kelly Fitzgerald
will beautify your home or enhance your place of business.

If you are interested in purchasing an original fine art print, please contact Kelly Fitzgerald at KelFitzPhoto@gmail.com or call (760) 670-6616.  A range of print sizes are available.  For more information, please visit the print information page on her website.  

A percentage of sales from this print will be donated to a Hawaii non-profit conservation organization. 

Mahalo nui loa.

To learn more about this award-winning body of work, please click here.

To join the Kelly Fitzgerald | Fine Art Photographer facebook community, click here.

To learn more about Kodak HIE black-and-white infrared film, please click here.

FINE ART PHOTOGRAPH OF THE WEEK: JUNGLE TREES, MAUI

©Kelly Fitzgerald.  Jungle Trees, Maui
Silver Gelatin Archival Fiber Base Print
20" H x 24" W
Limited Edition of 30
$1,400 Mounted + Matted

I created this work while exploring the Waianapanapa State Park area on the island of Maui.  The flourishing rain forests and waterfalls are spectacular along the eastern coastline.  I had to work quickly as it started to rain.  Luckily, the jungle canopy was so dense, it sheltered my camera and I briefly from the rain drops and I was able to continue photographing this beautiful region.

Professional framing is available for an additional charge.

This work was created by using an old manual SLR film camera and Kodak Professional High-Speed HIE Black-and-White Infrared Negative Film.  Sadly, the film is no longer being manufactured.  The traditional negative is scanned on a drum scanner to create a 300 megabyte digital file which serves as a vehicle for the color balancing, lighting, and darkening that was formerly done in the darkroom.  Once the aesthetic interpretation is realized in the computer and matched with the artist proof print created in the traditional "wet" darkroom, the image is then printed on fully archival paper.  This piece is part of an award-winning series called "A New Discovery".

A fine art photographic print by Kelly Fitzgerald
will beautify your home or enhance your place of business.

If you are interested in purchasing an original fine art print, please contact Kelly Fitzgerald at KelFitzPhoto@gmail.com or call (760) 670-6616.  A range of print sizes are available.  For more information, please visit the print information page on her website.

A percentage of sales from this print will be donated to a Hawaii non-profit conservation organization.

Mahalo nui loa.

To learn more about this award-winning body of work, please click here.

To learn more about Kodak HIE black-and-white infrared film, please click here.