Links Of Interest
Journal Authors
Subscribe Reviewers
Shopping Cart Continuing Education
 
 

 

So, you want to submit a photo for consideration?

 

 

Dentists are an Artistic bunch! If your artistry extends to photography, we welcome submissions from you to be considered as a cover photo in an upcoming issue. We welcome landscapes, cityscapes, and particularly delicious looking fruit in bowls, etc.  We would even be willing to entertain some arresting micrographs.

 

As these photos will constitute advertisement for the Journal, we must be very careful of copyright and other property restrictions. Any photos with recognizable people in them, or with corporate logos, or trademarks in them may be submitted, but will have to be accompanied by some significant legal forms (that we have available for you). Photos taken on and/or of private property will also have some legal wrangling to do. As such, we ask our submitters to limit the number of photos submitted that may run afoul of these restrictions. No one likes reviewing legal paperwork – especially our hard working editorial assistant – Kevin!

 

Submitted photos become the property of Operative Dentistry, Inc.. If your photo is chosen for use you will be notified before publication so you can order a copy for all your friends! The copyright for photos that are not used will be returned to the author after 24 months. Please see the Non-Manuscript copyright agreement for full details – found at the link below (Cover Photo Copyright info and forms).

 

Photos must be submitted in digital format.  Images should be high-resolution – 300 dpi, at least 5x5 inches (1500 x 1500 pixels minimum), and be in high quality JPG or TIFF format.  The images will not be returned. Minor digital enhancement is permitted, but images that have been significantly modified or appear unnatural will be rejected.

 

If you have questions or problems with the submission system, please email the editorial assistant, Kevin Matis, at editor@jopdent.org.

 

 

Save the pdf form below to your desktop, fill out the form and click on the email button to send the file to Operative Dentistry

Cover Photo Copyright info and forms

 

 

 

 

 

 

Non-Manuscript Copyright FAQ’s

 

What does copyright protect?

Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.1

 

Does my work have to be published to be protected?

Publication is not necessary for copyright protection.1

 

How is a copyright different from a patent or a trademark?

Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.2

 

When is my work protected?

Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.2

 

Do I have to register with [the Copyright] Office to be protected?

No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.2

 

Why should I register my work if copyright protection is automatic?

Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.2

 

Is my copyright good in other countries?

The United States has copyright relations with most countries throughout the world, and as a result of these agreements, [the Treaty Nations] honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country.2

 

Who owns copyright of a particular photograph?

In the case of [old or heirloom] photographs, it is sometimes difficult to determine who owns the copyright and there may be little or no information about the owner on individual copies. Ownership of a “copy” of a photograph – the tangible embodiment of the “work” – is distinct from the “work” itself – the intangible intellectual property. The owner of the “work” is generally the photographer or, in certain situations, the employer of the photographer. Even if a person hires a photographer to take pictures of a wedding, for example, the photographer will own the copyright in the photographs unless the copyright in the photographs is transferred, in writing and signed by the copyright owner, to another person. The subject of the photograph generally has nothing to do with the ownership of the copyright in the photograph. If the photographer is no longer living, the rights in the photograph are determined by the photographer’s will or passed as personal property by the applicable laws of intestate succession.3

 

Who is an author?

Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. In cases of works made for hire, the employer or commissioning party is considered to be the author.4

 

[What or] Where is the public domain?

The public domain is not a place. A work of authorship is in the “public domain” if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner.4

 

How do I know when I need a [Personal] release?

The answer to this question can be reached by asking a series of questions about the subject and the use of the photograph. A model release is needed from each person whose likeness appears in a photograph that is used for advertising or trade (business) purposes when the person is identifiable. Look at the photograph and the person(s) in it and ask these questions:

 

 

If the answer to question #1 is No, then you do not need a release.

 

 

 

If the answers to question #2 and question #3 are both No, then you do not need a release.

 

Otherwise, the answer is that you do need a model release.5

 

If I photograph a large group of people and plan to sell the picture [Or submit the photograph to Jopdent], would I need [Personal] releases from every person?

If you just want to sell fine art prints, or even posters, you should be OK without releases. If you license the picture for use in a book, you should be OK without any releases as long as you don’t allow the publisher to put the photo on the cover of the book or use it in promotional materials.5 [Submitted photos will be used on the Cover of Operative Dentistry and for other advertising purposes –km]

 

How do I know when I need a Property Release [Location Agreement]?

The answer to this question can be reached by asking a series of questions about the subject and use of the photograph. A property release is advisable and may be needed from each property owner whose property appears in a photograph that is used for advertising or trade (business) purposes when the property owner is clearly identifiable by the property. (Note that the owner can be a corporation as well as an individual.)

 

Look at the photograph and the property in it, and ask these questions:

 

 

If the answer to question #1 is No, then you do not need a release.

 

 

 

If the answers to question #2 and question #3 are both No, then you do not need a release.

 

Otherwise, you do need a release.

 

When doing this analysis, remember that a property can include, or even be, a trademark. Depending on the details, use of another’s trademark without permission may be a violation or dilution of the mark. For example, if you photograph a building with the logo of [Coke] on it, you have to have permission to use it for advertising or trade purposes. Why? Because the logo is the property of the [Coca-Cola Company]. What about the building the logo is displayed on? This is more complicated question [see the following question].5

 

Can a property owner prevent me from taking pictures of his building, car, etc. from the outside? From the inside?

If you are taking the picture from a public place, and the subject is visible from that place, the owner does not have a legal right to prevent you from making photographs (although you could end up with broken equipment or anatomy). The answer is different if you are taking the picture inside (or on) private property. There, the owner gets to make the rules, and if he/she/it says no photos, then you can’t take photos.5

 

If I am in my own photo, should I sign my own personal release?

Yes.

 

Will I retain my copyright to the photo/recording I submit?

No.  During the 24 month period in which we keep the photos for possible use, Operative Dentistry retains all rights to the Item.  These rights extend indefinitely once Jopdent decides to use the recording and relays that information to the submitter.  The contract stipulates that each submitter may use their recording for incidental home or personal use.  We certainly don’t want to take your “memories” away from you, so this exemption allows you to show, for example, a submitted photo in home or family slideshows, or the like.  After the 24 months, If Jopdent doesn’t inform you of the intention to use your Recordings, the copyright returns to you and you may use it however you wish.

 

How many works can I submit?

You can submit as many, as often as you wish.  Remember that the 24 month clock applies to each work submitted, starting on the day of submission.

 

Can I still submit recordings if I am not the author, but I have been given the copyright to the work?

Yes, Jopdent is only concerned about receiving permission from the copyright holder.  Please remember, though, that determining the holder of the copyright can be tricky.  For example, a photo of your family, taken in a photo studio, is usually property of the studio and not your family.  It is usually the same for photos taken by a staff photographer on cruise – those photos are owned by the cruise line and not the subject of the photo.  Jopdent will refuse any photo for whose copyright determination is unclear – even if all the official Jopdent paperwork is submitted correctly.

 

References

1.  Library of Congress (2014) Frequently Asked Questions about Copyright.  Retrieved online 15July2014 from:  http://www.copyright.gov/help/faq/faq-protect.html

2.  Library of Congress (2014) Frequently Asked Questions about Copyright.  Retrieved online 15July2014 from:  http://www.copyright.gov/help/faq/faq-general.html#what

3.  Library of Congress (2014) Frequently Asked Questions about Copyright.  Retrieved online 15July2014 from:  http://www.copyright.gov/help/faq/faq-fairuse.html#howmuch

4.  Library of Congress (2014) Frequently Asked Questions about Copyright.  Retrieved online 15July2014 from:  http://www.copyright.gov/help/faq/faq-definitions.html#author

5.  American Society of Media Photographers (2014) Business resources – Frequently Asked Questions About Releases.  Retrieved online 15Jul2014 at, https://asmp.org/tutorials/frequently-asked-questions-about-releases.html#.U8Q2c_ldVQ4