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Photography Question 

Kathleen J. Bielak
 

Can I copyright photos taken years ago?


I have many good photos from my trips out West and the drive on the Alcan to Anchorage, but they are 5-10-15 years old. Can I still copyright them or is it too late? Thanks


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March 15, 2006

 

Jon Close
  http://www.copyright.gov/
You have a copyright on your images from the moment they are created. Registration is not required (in the USA), but allows greater protection. You can register works at any time.


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March 15, 2006

 

Mark Feldstein
  Well, actually there is a time limit for registering your work with the copyright.gov office. As I recall, it's one year from the date the image is created or "reduced to a tangible means of expression", i.e., on film or electronically.

The advantage to registration is that to commence an action for infringement to enforce your right the prerequisite to filing in the U.S. District Court (which is the only court that has jurisdiction to initially review copyright cases) is that the work be officially registered. To do that, you just complete the VA form and send in copies of the work with a $30.00 filing fee. You can register batches of images.

So, while it's true under the 1978 amendments to the Copyright Act, that the image is technically copyrighted when it's created, merely having that level of protection doesn't permit suit for infringement. Timely registration is the key.

To check the time frame for registration, go to the copyright.gov site and look under Visual Arts, forms and information to get the whole scoop.
Take it light.
Mark


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March 15, 2006

 

Kathleen J. Bielak
  Thanks for the information. KJB


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March 15, 2006

 
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