Comments on: Electronic Copyright Registration for Photographers http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/ Daily discussion of photography business issues & photography websites. Marketing and sales tips for smart photographers, plus a dose of inspiration from the PhotoShelter team. Wed, 19 Jun 2013 22:02:25 +0000 hourly 1 http://wordpress.org/?v=3.4.2 By: Protecting Your Online Photos | Da-Ho-Tra http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-836687 Protecting Your Online Photos | Da-Ho-Tra Thu, 11 Apr 2013 20:32:05 +0000 http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-836687 [...] http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/ [...] [...] http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/ [...]

]]> By: Jim Newberry http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-776994 Jim Newberry Mon, 25 Feb 2013 17:01:54 +0000 http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-776994 Anyone know how to register a published photo electronically? (I realize now that it's much better to register images before publication). Instructions say to send "two copies." I don't know what that means. Two jpgs of the actual photo? One jpg of photo and one jpg shot showing photo in context (ie, shot of the photo in magazine or whatever)? http://asmp.org/tutorials/registering-published-images.html#.USvq7Bk5uBg Anyone know how to register a published photo electronically? (I realize now that it’s much better to register images before publication). Instructions say to send “two copies.” I don’t know what that means. Two jpgs of the actual photo? One jpg of photo and one jpg shot showing photo in context (ie, shot of the photo in magazine or whatever)?

http://asmp.org/tutorials/registering-published-images.html#.USvq7Bk5uBg

]]> By: Nancy Dickinson http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-239847 Nancy Dickinson Fri, 14 Sep 2012 17:26:38 +0000 http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-239847 I can't thank you enough for this article. I'm in the process now of enforcing my copyright on an image stolen by a major network. This article was a lifesaver for me. I can’t thank you enough for this article. I’m in the process now of enforcing my copyright on an image stolen by a major network. This article was a lifesaver for me.

]]> By: Dayna More http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-107639 Dayna More Wed, 25 Apr 2012 15:12:58 +0000 http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-107639 Thank you for this information. I'm sure it will save me a lot of time today as I begin the long process of registering my images. Thank you for this information. I’m sure it will save me a lot of time today as I begin the long process of registering my images.

]]> By: openid.shawnkoppenhoefer.com http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-17134 openid.shawnkoppenhoefer.com Wed, 31 Aug 2011 10:15:40 +0000 http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-17134 @CraigM, As long as we register 300x300pixel images BEFORE they ever leave our computers it should be easy... as those images are unpublished.... And, as far as I understand, putting them up on Flickr doesn't constitute publishing either (you perhaps you can have even done that without muddying the waters). So I've just dumped 300x300px versions of the 6000 images from my LR catalogue of January1-August31 into a big folder and removed the 10 or so so I had put on my personal website. BUT YOU'RE RIGHT about the images from before 2011. :-( I'm going to have to spend long hours separating out the images that I've used on my various personal websites and those that I haven't. :-( And I'm going to have to determine the EXACT DATE that I put those images on the website. :-( And since you can't affix multiple dates of publication to the online-form, only the images from a single publication on a single date can be included... so it's going to cost you $30 per separate image for those you put on your website, unless you want to do a paper (non-electronic) registration. Has anyone found a solution or answer from the CO on this? arghh. @CraigM, As long as we register 300x300pixel images BEFORE they ever leave our computers it should be easy… as those images are unpublished…. And, as far as I understand, putting them up on Flickr doesn’t constitute publishing either (you perhaps you can have even done that without muddying the waters). So I’ve just dumped 300x300px versions of the 6000 images from my LR catalogue of January1-August31 into a big folder and removed the 10 or so so I had put on my personal website. BUT YOU’RE RIGHT about the images from before 2011. :-( I’m going to have to spend long hours separating out the images that I’ve used on my various personal websites and those that I haven’t. :-( And I’m going to have to determine the EXACT DATE that I put those images on the website. :-( And since you can’t affix multiple dates of publication to the online-form, only the images from a single publication on a single date can be included… so it’s going to cost you $30 per separate image for those you put on your website, unless you want to do a paper (non-electronic) registration. Has anyone found a solution or answer from the CO on this? arghh.

]]> By: Christine H http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-17133 Christine H Wed, 25 Nov 2009 03:13:21 +0000 http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-17133 I am with Patrick Cunningham. Although I understand the additional benefit of registering, the American way of dealing with copyright holders from other countries prevents those from asserting claims. In Germany the copyright is similar to the American right apart from the registration process. An American website is using one of my pictures for commercial purposes without any agreement. This is copyright infringement according to American as well as to German law. But to achieve a legal claim against the infringer I am forced to file such a claim with an American court. Of course my photo is not registered. I'm happy to know the most important German laws – how can I be familiar with American regulations when it comes to copyright infringement by an American citizen? Even if I would go for a registration now to cover a lawyers costs, this would be neither prior to infringement nor within three months of my first publication of the photo. Being not able in terms of money to pay an American lawyer (who is much more expensive than a German one) and to take the risk of such a litigation, the American infringer can go on without any worries. Nonetheless, I'm thinking about registering my images – just to find out that registering multiple published images online is not possible! This really is a nightmare! I am with Patrick Cunningham. Although I understand the additional benefit of registering, the American way of dealing with copyright holders from other countries prevents those from asserting claims. In Germany the copyright is similar to the American right apart from the registration process. An American website is using one of my pictures for commercial purposes without any agreement. This is copyright infringement according to American as well as to German law. But to achieve a legal claim against the infringer I am forced to file such a claim with an American court. Of course my photo is not registered. I’m happy to know the most important German laws – how can I be familiar with American regulations when it comes to copyright infringement by an American citizen? Even if I would go for a registration now to cover a lawyers costs, this would be neither prior to infringement nor within three months of my first publication of the photo. Being not able in terms of money to pay an American lawyer (who is much more expensive than a German one) and to take the risk of such a litigation, the American infringer can go on without any worries. Nonetheless, I’m thinking about registering my images – just to find out that registering multiple published images online is not possible! This really is a nightmare!

]]> By: Craig M http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-17132 Craig M Fri, 06 Nov 2009 19:10:53 +0000 http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-17132 If you are person that has never registered your images it seems to me that having to separate published from non-published would make it almost impossible to do. That's the big wall you hit and the reason people don't do it. I mean your supposed to go through thousands of images and then figure out which images are published and the exact date they were first published? Nice if you have a year off to figure it all out. Never going to happen. If you are person that has never registered your images it seems to me that having to separate published from non-published would make it almost impossible to do. That’s the big wall you hit and the reason people don’t do it. I mean your supposed to go through thousands of images and then figure out which images are published and the exact date they were first published? Nice if you have a year off to figure it all out. Never going to happen.

]]> By: JuanOhJuan http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-17131 JuanOhJuan Mon, 28 Sep 2009 12:03:10 +0000 http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-17131 Thank you so much for taking the time to post this very useful information, with screen shots of the forms and everything. Very thorough work, generously explained and detailed... well done, and thanx again! Thank you so much for taking the time to post this very useful information, with screen shots of the forms and everything. Very thorough work, generously explained and detailed… well done, and thanx again!

]]> By: Jeff Sed!ik http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-17130 Jeff Sed!ik Fri, 22 May 2009 02:16:00 +0000 http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-17130 @Patrick, I don't necessarily support the system of copyright registration here in the US, but you should note that copyright ownership in the US is completely automatic and does not require registration of any kind. As soon as an image is captured it is "copyrighted." and no action is required on the part of the creator to own or protect that copyright. In the US, copyright registration is optional and provides supplemental remedies, exceeding the remedies available to rights holders in many countries, perhaps including yours. Registration is only required in the US if and when a rights holder decides to file a lawsuit against an infringer. Without registration, rights holders are protected from the creation of unauthorized reproductions, displays and derivatives, as well as the unauthorized distribution and performance of their work, until 70 years after their death, when the work becomes public domain. The exceptions would be "fair use" and, perhaps in the near future, the use of orphaned works, the latter of which will also likely be allowed in the EU and other regions. Without registration in advance of an infringement, a rights holder is entitled to seek damages including a fee for the unauthorized usage, compensation for any harm done to the rights holder's ability to receive revenues from third parties for the usage of the work, and importantly, all of the profits of the infringer attributable to the use of the work. With a timely optional registration, the rights holder receives several bonus benefits, the most significant of which are (1) the option to elect to seek statutory damages (damages defined in the statutes), and (2) the option to seek reimbursement of attorneys fees and costs. Many rights holders with timely registrations forfeit their right to seek statutory damages, instead seeking actual damages and disgorged profits, which can be considerable and can exceed statutory damages, and are available even without an advance registration. In the US, registration is used to entice creators to submit their works to the library of congress (the copyright office is a department of the library of congress), so that the library can have access to those works and can fulfill its mandate to create an archive of works. The library reviews works submitted for copyright registration and may at its discretion include those works in the library’s archive. Note that the above is a very abbreviated explanation and is not intended to describe every nuance of copyright ownership and registration. My primary point is that copyright ownership in the US is automatic, and that registration in the US is an option, not a requirement. However, the benefits of registration are significant enough to warrant frequent and early registration by all photographers. About the current electronic registration system, this is the first year of operation of that system, and users can expect to see significant expanded capabilities and functionality over the next 2 years. Thanks to Alan and to Photoshelter for your informative post on this important subject. @Patrick, I don’t necessarily support the system of copyright registration here in the US, but you should note that copyright ownership in the US is completely automatic and does not require registration of any kind. As soon as an image is captured it is “copyrighted.” and no action is required on the part of the creator to own or protect that copyright. In the US, copyright registration is optional and provides supplemental remedies, exceeding the remedies available to rights holders in many countries, perhaps including yours. Registration is only required in the US if and when a rights holder decides to file a lawsuit against an infringer. Without registration, rights holders are protected from the creation of unauthorized reproductions, displays and derivatives, as well as the unauthorized distribution and performance of their work, until 70 years after their death, when the work becomes public domain. The exceptions would be “fair use” and, perhaps in the near future, the use of orphaned works, the latter of which will also likely be allowed in the EU and other regions. Without registration in advance of an infringement, a rights holder is entitled to seek damages including a fee for the unauthorized usage, compensation for any harm done to the rights holder’s ability to receive revenues from third parties for the usage of the work, and importantly, all of the profits of the infringer attributable to the use of the work. With a timely optional registration, the rights holder receives several bonus benefits, the most significant of which are (1) the option to elect to seek statutory damages (damages defined in the statutes), and (2) the option to seek reimbursement of attorneys fees and costs. Many rights holders with timely registrations forfeit their right to seek statutory damages, instead seeking actual damages and disgorged profits, which can be considerable and can exceed statutory damages, and are available even without an advance registration. In the US, registration is used to entice creators to submit their works to the library of congress (the copyright office is a department of the library of congress), so that the library can have access to those works and can fulfill its mandate to create an archive of works. The library reviews works submitted for copyright registration and may at its discretion include those works in the library’s archive. Note that the above is a very abbreviated explanation and is not intended to describe every nuance of copyright ownership and registration. My primary point is that copyright ownership in the US is automatic, and that registration in the US is an option, not a requirement. However, the benefits of registration are significant enough to warrant frequent and early registration by all photographers. About the current electronic registration system, this is the first year of operation of that system, and users can expect to see significant expanded capabilities and functionality over the next 2 years. Thanks to Alan and to Photoshelter for your informative post on this important subject.

]]> By: Allen Murabayashi http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-17129 Allen Murabayashi Wed, 20 May 2009 18:41:33 +0000 http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/#comment-17129 @geoff, for the amount that the copyright office spent on that system (i think i read $50m), we would have gladly built a better system.... @geoff, for the amount that the copyright office spent on that system (i think i read $50m), we would have gladly built a better system….

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