Image Copyrighting

[cicchetti]

Hi all,

 

I have a basic question about copyrighting images. I have not really

found the answer on other posts here.

 

When selling your image via whatever means you do so, or making them

available to the public (a website or electronic gallery for example)

is the general consensus for those photographers out there really

boil down to a binary proposition, meaning either;

 

1. Make sure that you build into the licence

agreement/disclaimer/invoice, the proper legal usage for the photo

and not actually copyright the actual image with, say the US

copyright office. Or, perhaps include a Digimarc

visible or digital watermark on the image; Then, if breached, rely

on our legal system and your documentation for retribution

and damages compensation...OR;

 

2. Do you have for each and every photo that is intended for public

usage/viewing or sale, filed and copyrighted with the government

with a unique identifier for each image. (This seems very costly and

a very drawn out way to do things)

 

Thanks for your help.

 

Rob

[bill c.]

Rob-- If you are going to put your images out to the public, copyright them. You do NOT need to copyright images individually (some people think you do IF the images have already been published, but that is not the case). I commonly mass-copyright hundreds of images at the same time. The only problem is finding the image if the copyright on it has been violated. Keep excellent records.

 

If you do not register them with the copyright office, then even though you still own the copyright, you cannot collect certain damages that are automatic. If you have not registered them, then no lawyer will take your case because there will not be enough money in it to cover the costs of going to court.

 

In short, not registered is the practical equivalent of not copyrighted, because you will seldom have the monetary capability to stop violators.

 

The important thing is to send in the copyright before the images are published, or the process becomes a real bear.

 

Happy shooting. -BC-

[cicchetti]

I see, so basically, I should get them copyrighted with the US Copyright office, but can do so with a blanket sort of coverage and not need to do them individually? I've recieved conflicting information regarding costs of copyrighting - is there a flat rate for copyrighting them?

[qtluong]

The proper term is "Registration". In the absense of registration, your "documentation" is nearly worthless, because damages wouldn't cover the costs of litigation. <p>

I publish more than 2000 images per year on my <a href = "http://www.terragalleria.com/">photography site</a>. Each of them is registered with the US copyright office in a maximum of four group registrations. My cost is $120/year, and my (custom) software generates all the necessary files with a few keystrokes.

[qtluong]

Editorialphotographers.com and photoattorney.com have all the practical info about group registration. The cost is $30.

[photoattorney]

Itﾒs easier than ever for someone to steal your photographs in this digital age.

While the copyrights for your photographs are created at the click of the

shutter, the best way to protect your photographs is to REGISTER them with

the U.S. Copyright Office. You can register the images yourself, but mistakes

in the process can limit your rights.

 

While the Copyright Office provides instructions to help you prepare the forms

and gives information about copyright law on its website, the registration

process can be daunting. The forms include lots of options, complex legal

terms, and a variety of requirements. However, if you are like the vast majority

of photographers with no special circumstances, the process to register your

photographs is fairly straightforward.

 

Also, note that you don't SELL your photos (unless you transfer the copyright),

you LICENSE them! :)

[cicchetti]

Thanks everyone for all your input, you've all been helpful. I'll contact the copyright office shortly.

[keith turrill]

You can get Form VA (visual arts) from the US Copyright Office website. The cost is $30 per submission and you can submit in batches on CD.

 

Every month I publish a batch on my website, put the files on CD, print a contact sheet, and mail two sets with the Form VA and $30 dollars. It takes them at least a month to cash the check and then several more months to process.

[paul_tattern]

Hi, I would appreciate your views on the following:

My organisation uses a number of images for use in its publications and presentations to fellow employees and customers alike around the world. We take Copyright very seriously and have spent thousands on various licences, but, sooner or later we are going to use an image [unwittingly] that perhaps one of you guys have copyrighted.

 

With all the best intentions how is an organisation supposed recognise that an image is copyrighted unless it is either watermarked or has a logo embedded within it?

 

Paul

[cybler]

Paul, when in doubt, throw it out!

 

David