Pretty well put Andy. As a photographer I get very sensitive over the attitudes expressed by Will, especially. There is a wild west pirate mentality on the net where people think that that forum is some sort of lawless domain where no one owns anything. I differ greatly over the attitude that if one does not want their work in the "PUBLIC DOMAIN" they shouldn't put their work on the internet. (I use the quotes and all caps here to emphasize that there is a LEGAL differentiation between that phrase and the internet where items are publicly displayed.) "Public Domain" is a technical legal term that refers to all works that are free to use by the public because there is no ownership to them.

Just because one puts their work, whether it is a web page, photograph, painting, music or other art or creation on the internet does not mean they give up their legal rights to their work. Also, the copyright laws do not require that one put a copyright notice on their work or that they register their works. I have read many articles lately that explain some added benefit and rights that one has in court with registration but the FACT remains that a work is ones property from a time that the work is created and affixed in it's viewable form.

Whether a scan would be copyrightable I don't really know. Just like, is a photocopy copyrightable? I know you can use scans and photocopies as documentation for registering your copyrights but it isn't the copy or scan that is being copyrighted. It is the content. For example if one creates a sculpture and wants to register it they wouldn't have to send a second sculpture. They could just photograph it or send a scanned or photocopied picture or sketch of it for the purpose of copyright. Anyways, from a technical standpoint, I see little difference between one putting a chip on a copy stand and photographing it and putting it on the bed of their scanner. Thus I would go toward scans being protected materials under the intellectual property laws.

You put it right though, Andy, when you mention if you are using a copy of a scan or chip photo in your binders or for documentation of your property. I, in fact, do print out the photos on eBay ads for my files to document all the chips I buy. However, if you are going to use a scan in a book that you will publish, in your own eBay ads, or other commercial means you would be wise to contact the owner of the scan for permission. Because it is such a casual format, you might find that most people who Scan chips wouldn't care if you use them. However, if you TAKE the scan and publish it or publicly display it on your web site you might regret it if the creator of that scan did in fact copyright it or chooses to enforce their IP rights to it. Also, in some situations, I would ask, Can a person be certain that the scan their stealing isn't really a photograph taken with a digital camera? Does the belief that Will holds about scans then apply to any Digital Photo that someone creates? or in that case what about all photos taken on film or video tape etc.? After all, cameras and scanners all basicly do the same thing.

Also, in closing, Every time I have seen this topic come up it is also mentioned that is it even legal for us to photograph and scan chips in the first place? I am of the belief that it is all in the context of what we intend to do with our photos. Insurance documentation of our collections, eBay ads to sell Our Own Property,... all, I feel are fair. However, could, a casino have an issue with our violations of their copyrighted property when we photograph or scan the chips?