 Giordano |
Copyright????? Hi, I'm really confused about the copyright! I'm just an amateur photographer and I'd like to create my gallery at BP. I've read that you own the copyright to a photo from the moment you create it, but if someone uses it without your permission, in order to enforce the copyright the photo has to be registered to the US Copyright Office. Now I have about 40 pics I'd like to put in the gallery and this time I could pay the fee and register them, but in the future I don't want to pay $45 fee to register any pic I'd like to add and it could take me several months to cumulate enough photos to make it worth to pay and register them. How do you guys work this out???? Thanks in advance. Giordano
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Stephanie M. Stevens |
My understanding is that you can keep someone from using your photo, provided you can prove it's yours, but in order to recieve compensation for the infringment, it has to be registered. Hopefully someone who knows more than me will weigh in on this.
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Mark Feldstein |
Well gang, under the [Sonny] Buono amendments to the federal Copyright Act of 1976, the work is protected at the time it's created. And yes, before you commence an action in court for enforcement (federal court, not state as state courts don't have subject matter jurisdiction to hear copyright claims) the work has to be registered in a timely fashion with the copyright office by paying the filing fee and sending in copies of the work. You can, as Giordano indicatred, batch the work and include multiple images with a single filing fee. Look at form VA (visual arts) at http://www.copyright.gov and read the instructions attached to it. It tells you the entire process for filing and fees. In the interim, you can enforce your copy rights including sending "cease and desist" letters to those who may be infringing on it, BUT until it's actually registered, you can't file any actions in court because that certificate you get when the work is registered, must be attached to your complaint to ask the court for relief on your claims. It's basically your ticket to ride and ticket to get into court. As to Stephanie's comments, you may receive compensation for infringement without filing in court first, and so without registration, but it's not likely someone will kick in unless a court orders them to, depending on what (or how much) you're asking for. If you want statutory damages, as I recall that's up to $100,000 per violation [for deliberate infringement, intentionally copying someone elses work knowing it was protected] you generally need a court order and award. Sometimes, if you have a lawyer send the cease and desist letter and ask for minimal damages, you might get it, kinda like a short apology like "oops, sorry we infringed, here's a token of our gratitude for letting us know about our unintentional blunder" Take it light ;>)
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John Rhodes |
Giordano, All legalities aside, the images you upload to your BP gallery will be absolutely useless to anyone to use for profit. Photos on the site are posted at 72dpi and sized at 500 pixels on the short side. If one of your shots is downloaded, it wouldn't be a high enough qaulity to produce an enlargement. John
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Giordano |
Thanks a lot Stephanie, John and Mark. I'm new here and I found a lot of very helpful people!!! Thanks again. Just one more question: can I register an image "later"....in case I need it or in that case it's too late? Thanks Giordano
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