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Archive 2011 · copyright questions

kofman13
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p.1 #1 · p.1 #1 · copyright questions

My work is getting better and better, and my portfolio is growing and im starting to worry about image theft and copyright. My friend recently had a couple of his wedding images taken off his blog, and put up on another wedding photographer's blog, with really REALLY bad processing added, and claimed to be his own work. My friend had to go through trouble to get them taken down by the person.

I know with music, you can send your entire "catalogue" everything youve wrote or recorded, on DVD or something, and for a small fee like i think under $70, you can get it copyrighted.

Is it similar with photos? Is there an easy not too expensive way to bulk copyright everything ive done?

Jun 17, 2011 at 10:19 AM

cineski
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p.1 #2 · p.1 #2 · copyright questions

You own the copyright the second you push the shutter. However, you must register the images with the copyright office in order to successfully sue anyone who infringes your work. This makes the perp liable for statutory damages and your lawyer fees. If you do not have the copyright registered and you are infringed, you are NOT entitled to statutory damages or legal fees and you'll spend more money on your own legal fees than it's worth. You can do batch registrations with the copyright office via mail or online transfer. I still prefer mail because the online transfer is a .gov and thus a bit of a joke to use. Now, if someone steels your registered images, if they're worth money you can sue them. If it's a nobody wanna be in the middle of Iowa it's not going to end in a settlement for you. There's a lot of variable with copyright infringements.

To all photographers: REGISTER YOUR IMAGES. You will get infringed. Not if but when.

Jun 17, 2011 at 10:32 AM

GCasey
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p.1 #3 · p.1 #3 · copyright questions

A lot has been written about this issue, and it's complex. Yes, photos can be copyrighted by sending images to the US Copyright office. To really protect your copyright, images need to be registered as well. I'm sure someone will chime in with details on how to do that.

In the case of your friend, a "cease an desist" letter from an attorney helps.

Jun 17, 2011 at 10:36 AM

kofman13
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p.1 #4 · p.1 #4 · copyright questions

Yeah i think thats what my friend did. Scared the guy. The mediocre photographer literally took my friends image, and just put alot of sepia on it lol. yeah id like to know how to register my images. Ive shot alot over the last 2 years, i usually delete whats unusable. so right now on my drives I have about 7-8k images. I have not and probably wont use all of them publicly, but if im going to register bulks of images, might as well register everything.

and another thing. These days i am working more and more and shooting so much. basically im going to have to register every few months? hah......

Jun 17, 2011 at 10:47 AM

kofman13
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p.1 #5 · p.1 #5 · copyright questions

And also a whole other issue i cant get an answer on is FACEBOOK. some people say when you upload it there they own it.? someone else said they dont own it, but they can use it for whatever they want and ur not entitled to any profit?.
I have no choice really because the reason why i have work is because i put my images up on facebook.

Jun 17, 2011 at 10:50 AM

BruceF99
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p.1 #6 · p.1 #6 · copyright questions

Facebook has a number of Q&A on copyright
http://www.facebook.com/help/search/?q=copyright

Jun 17, 2011 at 12:23 PM

Mr Joe
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p.1 #7 · p.1 #7 · copyright questions

cineski is exactly right on the copyright question.
Regarding Facebook, I recommend putting your images on a blog or website, and then posting a link on Facebook (instead of directly uploading any content you care about protecting).

Jun 17, 2011 at 12:44 PM

kofman13
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p.1 #8 · p.1 #8 · copyright questions

i tried that, people are SO LAZY to click an extra link. with facebook i would still retain copyright though. I am going to register my images i just need to know if i can do bulk, and how much it costs

Jun 17, 2011 at 12:57 PM

BruceF99
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p.1 #9 · p.1 #9 · copyright questions

http://copyright.gov/

I'm not sure how current this is, but should help:
Registering Your Copyrights Using the eCO System
http://www.naturescapes.net/docs/index.php/articles/341

ASMP Copyright Tutorial:
http://asmp.org/content/registration-counts

More on Copyright issues:
http://www.photoattorney.com/

A good book on Copyright:
http://www.amazon.com/Photographers-Survival-Manual-Artists-Photography/dp/1600594204/ref=sr_1_1?ie=UTF8&s=books&qid=1308333885&sr=8-1

Jun 17, 2011 at 01:08 PM

GCasey
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p.1 #10 · p.1 #10 · copyright questions

The URL for the U.S. Copyright Office is: http://www.copyright.gov/

I just looked at it and the logical tab to look further is "registration."

That URL is: http://www.copyright.gov/eco/

Cineski is right about the importance of registering images, in addition to copyrighting them. Read his comments carefully.

Jun 17, 2011 at 01:12 PM

Jeff Donald
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p.1 #11 · p.1 #11 · copyright questions

I've written on this in the past. After your images have been used without permission, you have 90 days to register your images. I had images used without my permission and we settled out of court for about $50,000. You can collect punitive damages, if your images are registered.

Jun 17, 2011 at 08:36 PM

Arka
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p.1 #12 · p.1 #12 · copyright questions

It's copyright form CO, which can be completed via eCO. http://www.copyright.gov/forms/ If you use the electronic approach, you save some money on registration fees, since most agencies and courts these days prefer electronic submissions.

This communication should not be construed as creating an attorney client relationship.

Arka C.

Jun 17, 2011 at 10:34 PM

Peter Figen
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p.1 #13 · p.1 #13 · copyright questions

Registering via the LOC website is not hard, it's just a bit frustrating. A prime example of how not to do a government website, as opposed the the Ca. DMV which is such a great example.

Steve's advice is right on. To go a bit further, you can register in batches and have to separate published from unpublished work, as well as by year, if I'm not mistaken. Registering online is $35 per batch vs. $45 sending the paperwork in by mail. You can also register online, pay at the U.S. Treasury site with a credit card and then send in hard copies via mail and still pay the lower fee. That's how I usually do it, particularly if registering hundreds of images at once. Maybe this is overboard, but I send in CD's (not DVDs) with image jpegs along with contact sheets with images approximately 2x3 inches with file names below each image. If it actually comes down to a court case, you want the copyright office to be able to say with certainty that THAT is the image in question and sending in backup documentation can never hurt. I then save a folder of that registration's jpegs and archive that in case I ever need to reference back to it.

If you do find someone stealing your work and posting it, if you've registered your images, videos, or songs, etc. then you can file a DMCA action with the web host for the offending website and they will IMMEDIATELY take down the images in question. You do have to sign, under penalty of perjury, that you are the authorized copyright holder, so having registered beforehand makes that assertion that much stronger in your favor. The DMCA takedown notice is not something to be taken lightly but it's a great tool when you absolutely need it.

I can say that I really wish I could have been a fly on the wall when I did have to use the DMCA takedown and seen the reaction of the people who stole my images, when their site suddenly disappeared from the web. The people I was dealing with were slow sleazy that they even tried to repost my images with someone else's credit line. Another email took it all down again and the offending parties have since seemed to have learned their lesson.

Jun 18, 2011 at 12:23 AM

TT1000
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p.1 #14 · p.1 #14 · copyright questions

"After your images have been used without permission, you have 90 days to register your images."

That is incorrect. You can register your images at anytime during the term of the copyright. If you couldn't you would be precluded from suing as you need to register as a prerequisite to bringing a suit. It will also defeat one of the primary purposes of the registration system. To fill the Library of Congress with your beautiful photography.

What I think you mean to say is that in the case of published work, you have three months (not 90 days) from first publication to register if you want to be able to recover your attorney fees or the option of statutory damages. In the case of unpublished work, you must register prior to infringement for these additional remedies.

"You can collect punitive damages, if your images are registered. "

No you can not. But if you register in a timely fashion you can get statutory damages which have a punitive element to them.

"if you've registered your images, videos, or songs, etc. then you can file a DMCA action"

You do not have to register to send a take-down notice. You have all the rights of a copyright owner the moment the photo is created (See Section 102 of the Copyright Act).

Jun 18, 2011 at 01:35 AM

RDKirk
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p.1 #15 · p.1 #15 · copyright questions

What I think you mean to say is that in the case of published work, you have three months (not 90 days) from first publication to register if you want to be able to recover your attorney fees or the option of statutory damages. In the case of unpublished work, you must register prior to infringement for these additional remedies.

The "three months" detail is important when it includes short months like February.

And that is for that particular infraction. Even if you miss the 90-day window for that first infraction, registering the copyright at any time aids you for infractions subsequent to whatever date you registered.

Jun 24, 2011 at 03:26 PM

TT1000
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p.1 #16 · p.1 #16 · copyright questions

"And that is for that particular infraction. Even if you miss the 90-day window for that first infraction, registering the copyright at any time aids you for infractions subsequent to whatever date you registered. "

Infringements (civil) not infractions (criminal).

It depends what you mean by 'infractions subsequent to whatever date you register.'

If you sell me one of your photos and I take it and sell it prior to your registration of it and then you register and I continue to sell it, you aren't getting statutory damages for this series of infringements by me. I commenced the infringement prior to the effective date of registration so too bad for you.

You would be OK for statutory damages for a different act of infringement by me.

SEE --->

http://www.articlesfactory.com/articles/law/derek-andrew-v-poof-apparel-no-statutory-damages-for-copyright-infringement-that-began-pre-registr.html

Jun 27, 2011 at 02:23 AM


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