How To Copyright Your Photography | Q&A Ep.66
Вставка
- Опубліковано 7 вер 2024
- I was talking about copyright last week while answering a question. After watching the video, Barbara Livieri was wondering if we as photographers have to do anything to copyright our work and, if so, what do we need to do?
Here’s Barbara’s question:
Great video! which leads me to another question about legality. Speaking of licensing and copyrights, how does a person go about copyrighting his/her work? And is it recommended that we do? Is there paperwork to file? Fees to pay? Just curious.
BIG FAT DISCLAIMER!!! I AM NOT A LAWYER, AND THIS IS NOT LEGAL ADVICE.
Copyright breaks down like this: By the act of creating a photo, you have and own the copyright for that photo. However, that copyright is not registered, and registering your copyright is an important step in protecting your rights and your work in the case of theft and/or misappropriation.
Check out the video for the full rundown of why you should register and how to do it.
🔔 Subscribe for more free photography tutorials: ua-cam.com/users/us...
✅ Recommended playlists:
Learn How Your Camera Meter Works And How To Use It:
• How the Camera Meter W...
Learn All About ISO, Aperture & Shutter Speed:
• How Your Camera Talks ...
How To Get Started Shooting With Flash:
• Complete Off Camera Fl...
❤️ If you find my content helpful, become a patron: / heniadis
Disclosure: Some of the links I use are affiliate links, meaning, at no additional cost to you, I will earn a commission if you click through and make a purchase.
Want to save time and learn a LOT more? Check out my video courses:
The Guide to Shooting in Manual Mode: shp.photo/manual
Understanding Flash Photography: shp.photo/flash
Mastering Lightroom: shp.photo/light...
Find me on the socials:
Facebook: / selfhelpphotographer
Instagram: / heniadis
Portfolio: www.spyroshenia...
To me the most compelling reason to copyright your photos is that there are corporations that gather photos from across the web, copyright them themselves and then sell them as stock photos (and make money in the process). There are some sleazy people and corporations out there!
Thanks Spyros. Just took some damn photos, now going to copyright.
Excellent!
you're such a kool guy. Thank you for answering the exact question I needed to be answered. So helpful.
Should you wait to register for copywrite until the photo is edited? Or can you just register the originals and edit after?
I wish you could show it as you tell it the uploading of the item
The US Copyright office just recently changed the process in order to try and simplify it. Though for the government, simple is still probably needlessly complex.
As an alternative what about only shooting in RAW and give your clients only the jpg edited photos? If you keep the raw files thats pretty undisputed that own them right? Because if two people have the same jpeg file thats hard to prove but one of those people produce the unedited RAW file its pretty much a no brainer. Am I right?
So if you haven't published a photoshoot but you already gave some images to your clients, does the copyright still counts??
Spyros Heniadis makes many good points in his video; here are some of my supplemental thoughts on copyright and its eCO registration process.
The video title is “How To Copyright Your Photography” or more accurately, “How to REGISTER your Photo Copyrights”.
Once you affix/capture/record an “original” photograph (you didn’t copy it from someone else) on to film or a digital sensor, the US government grants you an IMMEDIATE copyright: Photograph © 2016 Spyros Heniadis (spyrosheniadis.com). The next step is to “register” that copyright with the US Copyright Office. There’s no such thing as “copyrighting”.
When I checked the US Copyright Office’s on-line database, I didn’t see any copyright registrations filed under “Heniadis Spyros”. Please tell me if I’m mistaken.
Current Copyright fees can be viewed at copyright.gov/about/fees.html
To register ONE photograph, either published OR un-published, with ONE author/photographer (you’re the sole copyright owner that’s not part of a work-for-hire assignment), use the eCO Single Application @ $35. eCO = the “electronic Copyright Office”, and it permits you to register your photographs on-line instead of mailing-in your copyright registration application.
Read the following to determine if your registration submission qualifies for a Single Application: www.copyright.gov/fls/sl04s.pdf Here’s a tutorial on preparing a Single Application: www.copyright.gov/eco/eco-tutorial-single.pdf
To register more than one photograph, either published OR un-published, or the work does not qualify for a Single Application, you’ll have to use the Standard Application @ $55 (or the paperform application, if applicable): www.copyright.gov/eco/eco-tutorial-standard.pdf.
Spyros was mistaken about registering PUBLISHED photographs in a single batch. You can register groups of published works ONLY if they were ALL first-published on the SAME day AND in the SAME unit of publication like in a magazine, for example. If your photographs were first-published on DIFFERENT days or in DIFFERENT media, then you’ll have to register them individually.
However, you can use the Copyright Office’s paperform to register photographs that were first-published on different days as long as the application is within ONE calendar year of images (all the photographs were first-published in, say, 2012; your next first-published application could be for year 2015; etc.). You’re typically limited to 750 images in this $65 application: www.copyright.gov/forms/formgr_pph_con.pdf.
(From www.copyright.gov/fls/fl124.pdf) “You can use Form GR/PPh/CON, which includes Form VA (visual arts application), to register groups of published photographs. If you use Form GR/PPh/CON, you can apply to register up to 750 photographs on a single application. If you would like to register more than 750 photographs, you can do so with a single filing fee using Form VA if you identify the date of publication for each photograph on the images deposited with the application.”
You can register an unlimited number of un-published photographs in one copyright application (use the Standard Application @ $55).
American and International photographers are encouraged to “timely” register their photographs with the US Copyright Office. Timely means to register your photographs BEFORE the infringement occurs or WITHIN three-months of its first-publication. If your images are being infringed in your home country, they’re probably also being infringed in the United States. A timely filed copyright registration allows photographers to pursue statutory damages (enhanced money damages from $750 to $150,000) and the potential recoupment of attorney fees from a USA-based infringer (both at the court’s discretion).
If your photographs are NOT timely registered, you can only pursue actual damages (what you would have charged the infringer for the use) and the disgorgement of illegal profits recovered (if any!) from the unlicensed uses of your photograph/s. You’ll also have to hope that your actual damages are enough to pay your attorney fees. In the end, it’s challenging to go after copyright infringers without having a timely registration on file with the US Copyright Office-you have limited to no leverage without that Certificate of Registration in-hand!
Chicago IP Attorney Evan Brown (www.internetcases.com) writes, “The prospect of recovering statutory damages and attorney’s fees is a big motivator for copyright plaintiffs [who have timely registered their photographs]. The Copyright Act (at 17 U.S.C. § 504(c)(1)) provides that a plaintiff can receive an award of statutory damages - in lieu of actual damages and profits - in a sum not less than $750 or more than $30,000 for each infringement. If the copyright infringement is willful, “the court in its discretion may increase the award of statutory damages to an award of not more than $150,000.” And 17 U.S.C. § 505 provides that a successful party in a copyright action can recover its costs and attorney’s fees in the court’s discretion.”
Unless your un-registered photograph was used commercially, like on packaging, TV marketing, or other expensive media spots (where actual damages/profits can potentially run in the millions of dollars), your registration needs to be timely filed to have a chance to receive real money damages from the infringer.
CAUTION: If you’ve ever sold, licensed, distributed, or allowed others on social media and elsewhere to made copies or share your photograph, then your photograph has likely been “published”: www.copyright.gov/circs/circ01.pdf#page=3 If you’re just “displaying” your photograph, then it’s likely unpublished. The best/safest plan is to register your photographs as “un-published” BEFORE you publish/sell them and BEFORE you release/share them with anyone and anywhere including on social media!
eCO registration process: eco.copyright.gov/eService_enu/start.swe?SWECmd=Start&SWEHo=eco.copyright.gov
Contact the US Copyright Office (www.copyright.gov) for more information or its FAQ section: www.copyright.gov/help/faq/
Along with including metadata (your copyright notice and contact information), it’s also highly advisable to include a watermark or a logo affixed on your images. Most creative don’t know about this special DMCA provision of copyright law. If a party removes or changes any “Copyright Management Information” (CMI), i.e., identifying marks including watermarks, metadata, and file name, it can be liable from $2500 to $25,000 in statutory damages (17 USC §§ 1202-1203). For those creatives who choose not to timely register their artworks with the US Copyright Office, the CMI remedy option can be an important legal tool to help seek money damages against copyright infringers. See www.photoattorney.com/watermarks-can-be-music-to-your-ears/ and www.photoattorney.com/options-recovering-infringement-damages/
The Copyright Zone guys provide a good FREE tutorial on the benefits of registering your art (photographs): ua-cam.com/video/Yi9353BTM_s/v-deo.html
Every time independent photographers, artists, and musicians register their artworks, we tell Congress, corporations, publishing media giants, and the US Copyright Office that we really, really do care about protecting our creative rights & livelihoods. Since so few of us register our works, it’s only a matter of time before the Googles, Facebooks, the media, and others encourage Congress to draft legislation to weaken our creative copy/rights.
Good Luck in timely registering your copyrights!
Thanks!!
Another great video. Can you please point us in the direction of how to protect, by copyright, to a body of work not yet created? How to register images that exist already in any variety of form seems clear enough, but how to go about copyrighting our work...Is there a procedure for registering copyright of your name/brand?? In this way both past and present work would be copyrighted. Ideal world? How are the photos past (and future, if possible) marked to show the public the image is protected and US copyrighted. Thanks
You can't copyright a work that doesn't exist, but in the United States, the law is such that the moment you create a new work, it is by default copyrighted.
What this means is that every time you press the shutter button to take a photo, it's immediately and automatically copyrighted to you; and you do not have to do anything to register that newly created work to receive that inherent copyright.
The benefit of registering your copyright for your images of that it creates an official record of that copyright, and that record is helpful in protecting your copyright in the case of infringement.
"Copyrighting" your name or brand is actually not a matter of copyright, but of trademarking, which is an entirely different legal matter (again, this pertains to the U.S.)
Always wondered how that worked
Thank you lord for the footnotes for BBB of lawyer certification for registering of none validation.
(First 10 seconds) is this Froknows' dad? "to-geh-therrrr" :-) Good vid thou.
Greetings! Do the photos that are going to be uploaded and copyrighted have to have a watermark?
@captainjimcook wrote, “Do the photos that are going to be uploaded and copyrighted *[registered]* have to have a watermark?”
No. To register photographs with the US Copyright Office, you can submit digital copies for your deposit. It’s not necessary to include a watermark, though, including metadata with your contact information, description of your photograph, and registration file number could be prudent.
However, when posting your photographs on-line, including a watermark, logo, your copyright attribution with URL and/or social media handle, metadata, and other *“Copyright Management Information”* is HIGHLY recommended!
I’m using a detailed drawing as a logo, does this image need to be copyrighted or trademarked?
Can we take copyright of Google map photos. ..?
Thanks for the information. Is there a time deadline on filing a copyright infringement case against someone? I read 3 years from the date of publication. Thanks Spyros.
@Googlishful wrote, “Is there a time deadline on filing a copyright infringement case against someone? I read 3 years from the date of publication.”
Whether the work is published or un-published, copyright owners typically have three-years to file a copyright infringement action from when they’ve learned of the infringement.
Ideally, you’ve timely (quickly) registered your work with the US Copyright Office, and your copyright attorney has immediately contacted the infringer (initiating a lawsuit or pushing for an out of court settlement).
What about old 1960s photographs of old restaurants and classic cars will I have a problem copyrighting these
@MrCoconutcat wrote, “What about old 1960s photographs of old restaurants and classic cars will I have a problem copyrighting *[registering]* these”
If your 1960 photographs were “published” WITHOUT a copyright notice (©), then they might be in the Public Domain. If they were published with a valid copyright AND you own their copyrights, you can register them with the US Copyright Office (USCO).
Creative works published on or after March 1, 1989 were no longer required to include a copyright notice.
If you own the copyright to your 1960s photographs AND they are all UN-published (they were NEVER sold, licensed, shared, or given away to the public), then you should be able to register them with the USCO.
@@cnlicnli cool awesome thanks for replying
@@MrCoconutcatLet me know if you need US Copyright Office links/tutorials on how to best prepare your copyright registrations.
@@cnlicnli okay
thank you so much
Ok great, now how can I copyright them...
❤❤❤
What I'm seeing with this is, you as a photographer will have to register every single photo you take? You're talking about uploading them to their website. With the huge amount of photographers there are, wouldn't they receive hundred of thousands of photos all the time, probably overloading their servers?
thats why you send them thumbnails. 600 pixels on the longest edge
Damnation is no joke, eternity as well.
I've printed hundreds of "copyrighted" photos and had them autographed. I don't care about your watermark.
Γεια
Spyros Heniadis that's sad.....
i hope i can hack people who steal my GFX
Don't waste your time and money with this BS., The Moment you put your image online it goes out to the world, Which means anyone can use them in any country of the world, Now go find out who is using your image, Good luck. Simple answer to this is, If you don't want your image taken do not put it online end of story.
Actually disagree. The one thing is that someone screenshotting your image and use it on the laptop as a cute background. The other case happened to me. I made photoshoots for the products I sell online and 4 month later I accidentally found out that at least 10 different websites using my unique work as their product pictures. And you know what? I don't like it! It's ruining my business and taking my clients! On my website I only used photographs made by me, stock photos I paid for or photos made for me by other photographers. But some people assume it's totally cool to steal other people work and make money using it. And these people will pay for being such scambags!
@@redgrok1003 Any update on that Alena? Managed to get some compensation?
its not bs I have a friend photograph a football player and fox sports used it they had to pay up $17,500
@sheelman31 wrote, “The Moment you put your image online it goes out to the world, Which means anyone can use them in any country of the world, Now go find out who is using your image,”
If you’re based in the US, it can be challenging to pursue international copyright infringers for money damages, especially if they’re a small entity.
If, however, the international infringer has offices located in the US + you have a “timely” registered US copyright claim (or your actual damages/lost profits are significant), then the infringer can likely be served with a demand letter and/or lawsuit. A timely registered copyright can provide you with the necessary LEVERAGE to push the international infringer to settle out of court; otherwise, they can be responsible for your attorney fees & legal costs post-trial.
FYI: More and more US law firms are partnering with foreign attorneys. And if the international infringement is SUBSTANTIAL, like the work is being exploited on packaging or in other prominent, pricey media-buys by a major business entity, then there might be possibilities to receive money damages and/or stop the infringing action altogether.
@sheelman31 wrote, “Simple answer to this is, If you don't want your image taken do not put it online end of story.”
That is true. But for many of us who license our images to earn a living, we have to list our work. Though we may not be able to stop infringers located outside the US, US-based infringers, who are facing a timely registered copyright claim, can be subject to statutory damages from $750 to $30,000 and up to $150,000 for *WILLFUL* copyright infringement (and possible payment of the copyright owner’s attorney fees and legal costs). *In addition,* if a US infringer knowingly removed, covered up, or changed a watermark, logo, copyright attribution, metadata, and/or other *“Copyright Management Information” (CMI)* to hide their infringing actions or induce others to infringe, they can be liable for the copyright owner’s actual money damages and lost profits OR $2,500 to $25,000 in statutory damages PLUS attorney fees PLUS legal costs (at the court’s discretion). See www.photolaw.net/did-someone-remove-the-copyright-notice-from-your-photograph.html
So, there’s hope and possible remedies to pursue copyright infringers, if your work was timely registered with the US Copyright Office or your actual damages/lost profits were large.