January 31, 1979 STORM-TRACK Vol. 2, No. 2

3415 Slade Court $2.10/year Bi-monthly
Fairfax, Virginia
I. COMMENTARY

Greetings! Storm Track is returning to you for a second year, with continuing articles, commentary
and humor for the small but dedicated band of individuals who chase and photograph tornadoes and
severe storms -and for all others interested in this unique and absorbing avocation. ST will
continue to bring you information which will help in taking, safeguarding and selling your
pictures.

II. ROSTER
III. BULLETIN BOARD/COMMERCIAL MARKET -$- FOR PICTURES
IV. CAMERA TIPS [by David Hoadley]
Several years ago, I was tempted to scrap my old 1962 Mamiyaflex C2 twin lens reflex camera for
the ultimate in large format (2 1/4″ slide) photography -Hasselblad! Being on good terms with a
local camera store, I asked to make a test comparison between a new Hasselblad and my camera. I
set up a tripod in front of the store and took two rolls of 120 Ektachrome (ASA 64) slide film
(all exposures at infinity) within 30-45 minutes on a clear sunny day. I had previously discovered
that the Mamiyaflex could be focused slightly past normal infinity, so that it had to be backed
off a little for maximum sharpness. I placed small, closely spaced marks along its track and noted
which pictures were taken at which mark. Not only were these a good objective reference, but when
photographing under actual -sometimes overcast conditions- a preset reference mark hastens a fast,
sharp focus. The test results were interesting. Using a magnifying glass and careful projection on
a flat white surface, I concluded that my Mamiyaflex took pictures equally as sharp as the $900
Hasselblad. True, I did not have a test pattern and there may have been some distortion in the
field. But, after examining the smallest tree limb and most distant telephone poles, I found no
practical difference. I still have the old camera, although I don’t use it, nearly as much as my
35 mm Nikkormat. However, each year, I bring it -waiting for the “big one,” somewhere …
sometime. Bottom line: If the focus and lighting is correct, your camera may be just as good as
the “heavyweights.”

FUNNEL FUNNIES: “Winter Wonderland”

Jan. 27, 1978: Start of a steam vent vortex
in -4 deg C air; this stage lasting 4 sec. as
a loose helical formation.


Turbulent vortex for l-2 sec.


…becomes a 10 meter tall, smooth and
straight vortex, lasting 3-5 sec. at Catholic
University in Washington, D.C. —Contributed
by Charles Vlcek

VI. FEATURE – Copyright [by David Hoadley]
The following comment on current copyright law updates somewhat my prior review of the subject, a year
ago. This is a distillation of my review of the law, Copyright Office Circulars, and about a half dozen
visits to the main office and discussion with several of its staff. That staff has reviewed this text,
and it has been revised, accordingly. Incidentally, the last general revision to the law prior to 1976
was 1909. Current changes from 1976 were initiated in 1955. Consequently, it will probably be around in
this form for quite some time.

Under the new copyright law, effective January 1, 1978, any new photography — or existing photography
that had not at that time been published or “gone into the public domain” — is automatically covered
by general copyright protection. It becomes effective at the moment of exposure and protects you
between the time the picture is taken and when it is registered. Once registered (after January 1,
1978), you are protected for life plus 50 years. Works done for hire have a different schedule.

You may use the copyright notice (example: © 1978 David Hoadley) on the borders of slides or prints
prior to registration, as when sending them to a publisher. This puts him on notice that you either
already are registered or that you intend to follow-up the publication with registration of pictures
used. The date shows the year of “creation,” and this notice secures international copyright coverage

in those countries that are parties to the Universal Copyright Convention. Technically, the date is the
“year in which creation of this work was completed.” Normally, this means the moment you take the
picture. However, in the eyes of the Copyright Office, the assembling of a collection of pictures which
is submitted to it also constitutes the act of “creation” (PL 94-553, October 19, 1976: “Section 101.
Definitions …A work is ‘created’ when it is fixed in a copy or phonorecord for the first time; where
a work is prepared over a period of time, the portion of it that has been fixed at any particular time
constitutes the work as of that time, and where the work has been prepared in different, versions, each
version constitutes a separate work.”). Therefore, although some pictures in a submitted collection may
be several years old, the date that the collection (most recent version) is copyrighted becomes the
copyright date for each included slide/picture. In other words, you don’t need to submit separate forms
(make separate and costly submissions) for slides taken over several years. The copyright notice should
appear on all published copies, but omission or error will not immediately result in invalidation of
the copyright and can be corrected within five years. If no action is taken, your copyright expires
after the fifth year.

The procedure for copyright registration of unpublished pictures, including original slides or prints
from which these are made, is very easy. One single page Government Form VA must be completed and
submitted, with one or more prints and $10.00 (check or money order) per submission to the Register of
Copyrights, Library of Congress, Washington, D.C. 20559 (When completing Form VA, leave blank the
spaces that are not applicable). They prefer to receive 8″ X 10″ prints but will accept 5″ X 7″ and 9″
X 12″. A single print can be made of several slides (“contact prints”), and each individual slide image
will be copyrighted when the print is registered. I initially copyrighted 56 8″ X 10″ prints in one
submission as an “unpublished collection.” I used the title: “Hoadley Storm and Cloud Pictures (#l thru
#56).” This way, I can use the same title and add later pictures by simply modifying the number in the
title (i.e. “… Pictures (#57 thru #58)” etc.). Short, descriptive titles are desirable to facilitate
card indexing and future reference by Copyright Office Staff. Based on current interpretation of the
Copyright Office legal counsel, you need only register once, either before or after publication.
However, prior registration may be less expensive, since registration after publication requires
submission of one copy of the complete published work (you buy it, they keep it), if yours is a
“contribution to a collective work.” If it constitutes all of the illustrations, two copies must be
submitted (one copy, if a foreign edition). Provision is also made for copyrighting -through one
submission- multiple contributions to a periodical-type publication (newspaper/magazine); write the
Copyright Office for details and ask for Form GR/CP. (PL 94-553, October 19, 1976. Section 201(c)
“Copyright in each separate contribution to a collective work is distinct from copyright in the
collective work as a whole, and vests initially in the author of the contribution. In the absence of an
express transfer of the copyright or of any rights under it, the owner of copyright in the collective
work is presumed to have acquired only the privilege of reproducing and distributing the contribution
as part of that particular collective work, any revision of that collective work, and any later
collective work in the same series.”) If several of you chase together and take simultaneous pictures
of the same storm, each picture will still be accepted for copyright. The principal of authorship is
the significant point, not the subject.

In the case of infringement, you may file for an injunction and actual damages if the infringement
occurred prior to registration, but you must be registered before bringing legal action, However, if
you had registered prior to the infringement, you could sue for both statutory damages and attorney’s
fees. Therefore, while not a precondition to copyright, registering an unpublished work is recommended
by the Copyright Office. In the case of a published work including previously unregistered material,
you retain full legal rights if you register at any time within three months of publication.
Thereafter, you may still register (up to five years after publication) but after the third month, the
registration date must precede the infringement for full legal rights. “The effective date of copyright
registration is the day on which an acceptable application, deposit, and fee have all been received in
the Copyright Office.” Provision is made for inadvertent publication of a picture without a copyright
notice. If a publisher can validly claim no prior knowledge of an author’s copyright, he may be
protected from subsequent claim. Consequently, if you release any photography prior to registration, be
sure that you have a clear understanding from the users, preferably in writing, as to his or her
intended use. Prior to January 1, 1978, publication of a picture not previously copyrighted may have
voided any further claim you can make on copyrighting it. However, “a public … display of a work does
not, of itself constitute publication.” “To … display ‘publicly’ means … at a place open to the
public or … a substantial number of persons outside of … a family and its social acquaintances …”
PL 94-553. Acceptance of your registration by the Copyright Office does not preclude existence in their
files of another copyright for the same picture. They do not check your application against all other
storm pictures. They are only an office of record. Apparently, if duplication existed, it would only
become known after legal action had been initiated. Likewise, they have no authority to provide legal
advice.

Free from the Copyright Office (not previously mentioned) are: Circulars R4 (fees), R8 (supplementary
registration), R15 K Form RE (renewal), R15a & R15t (duration), R22 (investigating status), R30
(special postage for books), R38a (international), R99 (new law highlights), 52 (publishing
arrangements), and Form CA (supplementary registration).

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