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dustine
Joined: 10 Jan 2009
Posts: 925
Location: You're in my viewfinder...
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Posted: Mon Apr 23, 2012 2:11 am
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Has Anyone Registered Their Photos With The Copyright Office? I know we should do that for the best protection against infringement, and I've read how but I'd like to hear from someone who does it on a regular basis. |
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pharm
Joined: 09 Jul 2006
Posts: 9406
Location: Never quite sure
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Posted: Mon Apr 23, 2012 10:13 am
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It's been a while but all of my stock images (and some non-stock ones, too) have registered copyrights with the U.S. Copyright Office. It's done electronically. Basically, I resize the images so they're about 1000 pixels on the longest size and put them into a "collection". Then I upload and register the collection (In other words, the fee isn't "per image", it's "per collection" - the collection can contain as many images as you want). Depending on the size of the collection, it can take a while to upload and the last time I did it, you can pause it and continue the upload at a later time if you need to. After I did it a time or two, it wasn't as confusing. There was a great two-part article in Photoshop User magazine a couple of years ago that had very detailed instructions. Hope that helps a little. I think Bobby (Photoshow) does it on a regular basis. |
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Photoshow
Joined: 05 Nov 2004
Posts: 5548
Location: Somewhere between where I'm going and where I've been
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Posted: Mon Apr 23, 2012 10:17 am
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I register collections ever 3 months. The process is simple, I create thumbnails 300 on the long side, save them in a zip file and upload as a collection. |
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rudyumans
Joined: 19 Aug 2008
Posts: 10630
Location: www.businesshelpforyou.org www.rudyumans.com
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Posted: Mon Apr 23, 2012 10:27 am
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just keep in mind that the images have to be created in the same year and have not been published yet. (there is a 3 months grace period)
Otherwise you can still register, but would be useless |
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scotrus96
Joined: 25 Jul 2008
Posts: 9501
Location: always on the right track to desirable destination
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Posted: Mon Apr 23, 2012 10:29 am
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Do you pay for registration? |
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semmickphoto
Joined: 12 Feb 2012
Posts: 6531
Location: Stuck between a shutter and a hard place
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Posted: Mon Apr 23, 2012 10:43 am
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If I am not based in the US, would I still have to register in the US because SS is an US based site? |
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Photoshow
Joined: 05 Nov 2004
Posts: 5548
Location: Somewhere between where I'm going and where I've been
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Posted: Mon Apr 23, 2012 10:48 am
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Answers to all your questions can be found at copyright.gov |
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dustine
Joined: 10 Jan 2009
Posts: 925
Location: You're in my viewfinder...
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Posted: Mon Apr 23, 2012 1:45 pm
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| rudyumans wrote: | just keep in mind that the images have to be created in the same year and have not been published yet. (there is a 3 months grace period)
Otherwise you can still register, but would be useless |
So this means that I can not register any of the images I've made that are older then 3 months old? |
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rudyumans
Joined: 19 Aug 2008
Posts: 10630
Location: www.businesshelpforyou.org www.rudyumans.com
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Posted: Mon Apr 23, 2012 3:05 pm
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| dustine wrote: | | rudyumans wrote: | just keep in mind that the images have to be created in the same year and have not been published yet. (there is a 3 months grace period)
Otherwise you can still register, but would be useless |
So this means that I can not register any of the images I've made that are older then 3 months old? |
The 3 months refers to publication of the image. After that you can still register, but why?
This is what the copyright act says:
If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
"Prior to an infringement" is a bunch of you know what because if you find out that somebody stole your work and just then you register, it is no longer "prior to". So, 3 months it is.
The limitation of one year is only if you register a series. I actually believe it says 12 months prior, but I would have to look that up.
http://www.copyright.gov/circs/circ01.pdf |
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Photoshow
Joined: 05 Nov 2004
Posts: 5548
Location: Somewhere between where I'm going and where I've been
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Posted: Mon Apr 23, 2012 4:08 pm
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| rudyumans wrote: | | dustine wrote: | | rudyumans wrote: | just keep in mind that the images have to be created in the same year and have not been published yet. (there is a 3 months grace period)
Otherwise you can still register, but would be useless |
So this means that I can not register any of the images I've made that are older then 3 months old? |
The 3 months refers to publication of the image. After that you can still register, but why?
This is what the copyright act says:
If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
"Prior to an infringement" is a bunch of you know what because if you find out that somebody stole your work and just then you register, it is no longer "prior to". So, 3 months it is.
The limitation of one year is only if you register a series. I actually believe it says 12 months prior, but I would have to look that up.
http://www.copyright.gov/circs/circ01.pdf |
This is BAD ADVICE. Register everything. If it is registered before you acknowledge infringement your attorney will take the case. Odds are when registering a collection that you are registering them all prior to any infringement unless you have prior knowledge.
Copyright law is complex and convoluted and for the last word you should seek the advice of an attorney that specializes in IP law. Short of that register everything to protect yourself to the best of your ability regardless of when you created the image. BTW uploading to SS, Facebook or any other website constitutes PUBLICATION |
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rudyumans
Joined: 19 Aug 2008
Posts: 10630
Location: www.businesshelpforyou.org www.rudyumans.com
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Posted: Mon Apr 23, 2012 4:37 pm
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That is good advice! It says "prior to an infringement of the work", which might have a completely different date than when you discover it. (it doesn't say anything about discovery) There is more then enough jurisprudence about that.
Yours is bad advice. You advise them to lie and take a (bad) risk. If you want to attack me, go ahead.
As I posted some time ago, I am still working on a series of workshops about the subject with my copyright and trademark attorney if you are interested. (probably not)
I do agree that offering an image for sale on SS (or elsewhere) constitutes publication |
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Photoshow
Joined: 05 Nov 2004
Posts: 5548
Location: Somewhere between where I'm going and where I've been
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Posted: Mon Apr 23, 2012 6:37 pm
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| rudyumans wrote: | That is good advice! It says "prior to an infringement of the work", which might have a completely different date than when you discover it. (it doesn't say anything about discovery) There is more then enough jurisprudence about that.
Yours is bad advice. You advise them to lie and take a (bad) risk. If you want to attack me, go ahead.
As I posted some time ago, I am still working on a series of workshops about the subject with my copyright and trademark attorney if you are interested. (probably not)
I do agree that offering an image for sale on SS (or elsewhere) constitutes publication |
Disagreeing with you is not "Attacking You"
The question was about registering copyright not filing infringement. I am not recommending chasing infringement at all but if you register an image before you discover infringement you can likely still pursue it successfully. Simply having a registration number to include with the initial C&D order will usually prompt a settlement without ever having to go to court.
You are saying register nothing older then 3 months period! That is bad advice. Even if an image has been infringed you should still register it if for no other reason then to protect it from the next time.
The guarantee if you register everything then you are as protected as you can be. To not register January's content in May because you didn't do a collection registration in the first quarter is stupid and leaves your whole collection unprotected when it could still be protected.
Bottom line you are focusing on a single image when the op should be looking at total collections.
The good advice is Talk to an IP Attorney |
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rudyumans
Joined: 19 Aug 2008
Posts: 10630
Location: www.businesshelpforyou.org www.rudyumans.com
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Posted: Mon Apr 23, 2012 7:36 pm
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"That is bad advice" in capital letters is not the same as I don't agree. I am not talking about filing infringement at all. That was you if I am not mistaken. I am talking about when it would be useful to register and when not. (You can always register). The usefulness of when to file an infringement case or not is a completely different story and depends on many factors like location and potential loss of income.
| Quote: | | Even if an image has been infringed you should still register it if for no other reason then to protect it from the next time. |
It doesn't work that way. At least not for the same image. (as you make it sound here)
I wasn't talking about a single image either. I think I answered the OP's question. I even provided a link that answers most of the questions. If Dustie wants to register, I am willing to help foc. Just PM me. I am involved with copyrights, Trademarks, and Patents all the time for my business that pays the bills.
I think everybody has to make up his/her own mind if it is worthwhile or not. Although it is a cheap and relatively an easy thing to do, for me personally it would be a waste of time and resources.
You're right though, talk to your attorney. |
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