Need assistance understanding how to copyright

[ed_tobin]

<p>I have read some of the posting about copyrighting but I am still not sure what to do after reading the US Copyright Office FAQ.<br>

My concern is around the definition of published vs unpublished work. </p>

<p>From 2001 to 2004 I posted some of my photographs here on photo.net<br>

From 2004 to present I have been posting some photographs on my own personal domain<br>

2009 I have been sharing some with friends on Facebook</p>

<p>So my question are any of these photographs considered published?</p>

<p>According to the US Copyright Office submission FAQ<br>

Basic claims include (1) a single work; (2) multiple unpublished works if they are all by the same author(s) and owned by the same claimant; and (3) multiple pub- lished works if they are all first published together in the same publication on the same date and owned by the same claimant.</p>

<p>I would really like to be able to keep things simple and do a single claim for unpublished but realizing that some images have been posted to the websites listed above and that it was done over a series of years I do not see how I could submit under #3</p>

<p>Which type of basic claim do I need to do #1, #2, or #3 based on what I described above</p>

[craig_gillette]

<p>This is the definition of "publication" as written in the law:</p>

<p>“Publication” is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication.</p>

<p >To perform or display a work “publicly” means — </p>

<p >(1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or</p>

<p >(2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.</p>

[pete_harlan1]

<blockquote>

<p>Which type of basic claim do I need to do #1, #2, or #3 based on what I described above</p>

 

</blockquote>

<p>As soon as you display your work so it can be viewed by the public, it is published.</p>

<p>"Unpublished" is most often used by commercial photographers prior to releasing a work for sale...or by overly paranoid photographers.<br>

#3 will serve you best in your situation.</p>

<p>Curious; what is your concern with copyrighting your images?</p>

[ed_tobin]

<p>I am starting to do shows at galleries and someone mentioned that I should really copyright my images if I am publishing them to the web and then looking to sell them through galleries.</p>

[ed_tobin]

<p>I just wanted to share a website that really helped me understand the government copyright online system. I found the website very hard to understand what to do even after reading the tutorial. This is a link that includes screen snapshots of the system and explains from a photographer prospective what you need to enter.</p>

<p>http://blog.photoshelter.com/corp/2009/05/electronic-copyright-registrat.html</p>

[kimnhim]

<p>Thanks for posting that website Ed. It's a great walkthrough of the copyright online system. When I'm ready to get my work copyrighted I will be using this website. Thanks!</p>