unpublished photos

[doggiej]

<p>I have no published photos, but I am considering submitting some of my photos for publication as well as posting some online.<br>

Do I need to copyright my photos?<br>

If I do what is the best way to do it?<br>

Is there software to assist with copyright?<br>

Is there services online for copyright?<br>

Any and all advice would be appreciated.<br>

Thanks</p>

[jole_t]

<p>If you are asking about protection from infringement in the US:<br>

From the US Copyright Office website:<br>

"<a name="register"><strong>Do I have to register with your office to be protected?</strong></a><br /> No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, <em>Copyright Basics</em>, section “<a href="http://docs.google.com/viewer?url=http://www.copyright.gov/circs/circ1.pdf">Copyright Registration</a>.” <br /> <a name="automatic"><br /> <strong>Why should I register my work if copyright protection is automatic?</strong></a><br /> Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered <em>prima facie</em> evidence in a court of law. See Circular 1, <em>Copyright Basics</em>, section “<a href="http://docs.google.com/viewer?url=http://www.copyright.gov/circs/circ1.pdf">Copyright Registration</a>” and <a href="http://docs.google.com/viewer?url=http://www.copyright.gov/circs/circ38b.pdf">Circular 38b</a>, <em>Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA)</em>, on non-U.S. works."<br>

Bottom line. Register any work you are serious about protecting.<br>

It is the ability to request statutory damages (which range from $750 - $150,000 per infringement) instead of actual damages as well as get the other side to pay your attorney fees that really focuses the mind of potential defendants. These are powerful weapons. You want them available and, as a practical matter, if you don't have them available it will be hard to interest an attorney in your case.<br /><br>

If you register online, it's $35 per registration. You can register all of your unpublished photos at once as one group registration for one $35 fee. Find the details on online registration here:<br /><br>

http://www.copyright.gov/eco/</p>

<p> </p>

[jole_t]

<p>Just to clarify, the language from the US Copyright Office ends before the words "bottom line" which begin my words and which are not legal advice. Just something you need to think about or discuss with whomever gives you legal advice.</p>

[kevin_delson]

<blockquote>

<p>If I do what is the best way to do it?</p>

 

</blockquote>

<p>Online with the link already provided or by postal mail.<br>

I suggest the latter if you have more than 50 images.<br>

Get a (return receipt requested) as this verifies the date your registration begins, NOT when you receive your certificate.</p>

<p>Read the registration process carefully. It is not difficult, but if you don't dot your (I's) and cross your (t's), your registration will be rejected.</p>

<p>While true you can register many images for one fee, the images must have been created in the same year.</p>

[jole_t]

<p>Kevin Delson: "While true you can register many images for one fee, the images must have been created in the same year."<br /><br />100% wrong.<br /><br />The OP: "I have no published photos,"<br /><br />For unpublished works registered online, you can include multiple works (as many as you want) so long as they are from the same author and owned by the same copyright claimant (which will be you unless you trasnferred the copyright). It doesn't matter when they were "created". ( It also doesn't matter when they were "created" for registration of published works.)<br /><br />Online registration is not available for groups of published photographs unless they form a single "unit of publication" meaning only images from a single publication on a single date owned by the same copyright claimant (e.g., a magazine). The online form does not allow for including multiple dates of publication.<br /><br />If you have multiple dated published works the paper form is the way to go; it will be much cheaper because, unlike the online, you can use one registration offline, if (1) all the photographs are by the same photographer (if an employer for hire is named as author, only one photographer’s work can be included); (2) all the photographs are published in the same calendar year; and © all the photographs have the same copyright claimant.<br /><br />You may want to review the folliwng Copyright Office Circulars :<br /><br />#66, Copyright Registration for Online Works, http://docs.google.com/viewer?url=http://www.copyright.gov/circs/circ66.pdf<br /><br />#107 "Photographs", http://www.copyright.gov/fls/fl107.html, and<br /><br />#124 "Group Registration of Published Photographs", http://www.copyright.gov/fls/fl124.html<br /><br /><br />Kevin Delson: "I suggest [registration] [by postal mail.] if you have more than 50 images. "<br /><br />Bad suggestion. (And have no idea where you got the 50 from except perhaps the eco system timed out on you at 50. I believe the eco uploader will time out at 30 minutes so the suggestion from the eco is to zip up your files and do multiple uploads if needed).<br /><br />So long as you can satisfy the deposit requirements online, which you can do with unpublished photos, it's easier to do it online. You can also track the status of your submission online. You will get your registration certificate back in much less time. The CO is presently estimating time to process a registration application as within 9 months for an e-filing and within 22 months for a paper form. In my recent experience, I have waited just over a year for my paper submissions and around 4 months for e-filings. <br /><br />The Copyright Office is also discouraging offline registration by charging $50-$65 for a paper filing instead of $35 per online registration.</p>

[kevin_delson]

<p>Hopefully things have improved.<br>

I'm surprised your paper filing took so long.<br>

I registered hard copy postal mail and received my cert in 9 months.<br>

That was 2 years ago.<br>

My 50 number was based on exactly what you mentioned; timeouts as well as net drop outs.</p>

<p>It is true that post 911 security measures have bogged down the system if using U.S mail; still, I personally do not like or use the online system..to each his own I suppose.</p>