TT1000 Offline Image Upload: Off
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p.1 #9 · How to copyright images? | |
FYI, jerryRock, Ryan and mdude85. I point out the relevant statutes so you can go read them yourselves and reach your own conclusions. 
Ryan a copyright registration is not assumed valid. It gets reviewed. And either accepted or rejected.
The file date will be the effective date of registration ASSUMING your application is accepted.
The relevant section of the Copyright Act is 410(d) (I added the caps for emphasis on the point of distinction):
"The effective date of a copyright registration is the day on which an application, deposit, and fee, WHICH ARE LATER DETERMINED BY THE REGISTRAR OF COPYRIGHTS OR BY A COURT OF COMPETENT JURISDICTION TO BE ACCEPTABLE FOR REGISTRATION, have all been received in the Copyright Office."
So mdude85 is OK assuming his registration is acceptable.
To JerryRock, last I checked it was $45 but, in any event, you have three months (not 90 days) to register if you want seek statutory damages and attorneys fees. See Section 412. While a notice of copyright is not required there are reasons to do it (but if you do it, use the required form). Here are two you might consider:
(1) See Section 401(d) (it may preclude a defense of "innocent infringement" to a claim for statutory damages for willfull infringement)
(2) See Section 1201(b) (a separate cause of action for removal of "copyright management information" which includes a copyright notice and potential for 1203(c)(3) statutory damages).
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