migrating cs3 to cs5 in respect to copyright info

[osamu]

<p>this is something i just want to share with those who use cs3. </p>

<p>recently, i discovered that the copyright information defined in file->file info is interpreted differently between cs3 and cs5. i always left it to a default value as 'Unknown' in cs3. when i updated the photoshop from cs3 to cs5, i discovered that cs5 transforms 'Unknown' to 'Public Domain'. i realize there are many aspects to a copyright. however, to declare a photo file as outright 'Public Domain', you may have been misled. this is also interesting in that your photo file, created by cs3, may be on the web and someone using cs5 opens it and discovers it as 'Public Domain'. i am not a lawyer. i have not consulted with a copyright lawyer. (when you use cs5 and leave it as 'Unknown', cs5 will not transform it to 'Public Domain')</p>

<p>i reported this issue to adobe as a software bug. few weeks later (few exchanges later), this is what i received:</p>

<p>Your Case Number:0182739593<br /><br /> Hello Osamu, <br /> <br /> Thank you for contacting Adobe! <br /> <br /> I have verified on our technical response team that this is not a bug but an expected behaviour. If you save any file as "Unknown" on Photoshop CS3, Photoshop CS5 will automatically set that to "Public Domain" since "Unknown" and "Public Domain" are just the same. If you have set your file as "Copyrighted", it will remain "Copyrighted" on any versions. <br /> <br /> We will be closing this case. <br /> <br />Kris, <br />Adobe Tech Support<br /><br /> This email is in response to support case #0182739593 submitted by osamu watanabe.</p>

[Charles_Webster]

<p>All the more reason to make sure the copyright fields of your files contain your copyright information, not the default.</p>

<p><Chas></p>

[JDMvW]

<p>Thanks for the note. Fortunately I find that most of my older stuff has been scanned in with a copyright notice from Vuescan which CS5 has preserved.</p>

[peterbcarter]

<p>And they didn't think people would have a problem with this? Just stunning.....</p>

[noreen]

<p>My camera's firmware will add copyright information at the moment the photograph is taken, right to the raw file. I started using it in part because of this "feature" of CS5. </p>

[bgelfand]

<p>Print a copy of your e-mail and mail it to Adobe, ATTN: Legal Department. That should get some reaction, or at least, a better explaination.</p>

[peter_e]

<p>I am fairly certain that a copyright notice is not needed on printed works to claim a copyright. The copyright is with the creator by default. Why would this be different for electronic works? I doubt that the statement by Adobe is correct.</p>

[Charles_Webster]

<p>The info in the file has no bearing on the actual copyright status. In the US, all photos taken by you are copyrighted by you the instant they are made, so long as they aren't done as work for hire or other contractual arrangements are in place.<br>

So Adobe's change from "Uncopyrighted" to "Public Domain" doesn't affect the actual copyright, just the notice in the file. It has nothing to do with any notice that appears on the print itself.</p>

<p><Chas></p>

[marc_rochkind]

Check the file itself with a metadata viewer app. This sounds like a CS5 issue, not that the file was changed.

 

If the exported files are OK, that's all that matters.

[jcuknz]

<p>Typical big brother covering their backs it seems to me .. not helpful at all.</p>

[JDMvW]

<p>While no statement at all would not affect the copyright, I am by no means as confident that an actual statement in the file saying it was "public domain" would not affect anything legally.</p>

<p>Law degree, anyone?</p>

[osamu]

<p>as per suggestion from brooks, i sent a mail to legal department of adobe. the office is closed today, but i will follow it up. i hope to hear from them by email. we will see.</p>

 

[otto1]

Expressly stating "Public Domain" for copyright will make any reasonable person think that it is "in the Public Domain."

Just like Beethoven's symphony scores, no royalty will be paid to the estate.

The key term in legalities is what a "reasonable person" would do or believe.

I am not a legal person by any means.

But if you were to see "Public Domain" what else could it mean?

Oscans marks the metadata of all scans as copyright to the person who has brought the photomedia for scanning. I

don't know what other scanning companies do.

[JDMvW]

<p>Later, I did go back and found some cases where items with a copyright notice had in fact ended up with a "Public Domain" label as well. Most were OK, but you might want to look at the metadata for a sampling and see if you need to 'replace' any copyright data.</p>

[osamu]

<p>i got in touch with adobe systems and i was informed that they will get back with me. since i will not be accessible next week, i expect a follow-up after that. <br>

i changed all my photo files to 'Copyrighted' using br cs5.1 (which, btw, correctly recognizes 'Unknown'). </p>