signing and copyrighting work

[PEACHMAN]

I'm new at selling photos but have had the good fortune to make some sales recently. There are two things I need some help with:

1. the proper way to sign (name and #) the work.
2. how to protect my work thru copyright...

Any help or direction to internet threads would be appreciated......

[BlueTit]

You may be better off asking in another area, try Cornering the Pros.

[wwp]

just ran across this. check it out.

http://www.icreateditfirst.com/ecom/Welcome.jsp

wayne

[EricKonieczny]

look here:


http://photography-on-the.net/forum/showthread.php?t=74629

[mvonditter]

I'm new at selling photos but have had the good fortune to make some sales recently. There are two things I need some help with:

1. the proper way to sign (name and #) the work.
2. how to protect my work thru copyright...

Any help or direction to internet threads would be appreciated......

FYI, according to my attorney, most copyright services are nothing more than a way to waste your money. The second you sign your work and publish it, it is copy righted by definition. You used to have to file it with the Library of Congress, but no more. So don’t waste your money.



As to numbering….any numbering scheme you wish will work. You might want to use a letter at the beginning of your number such as W for weddings, N for nature and so on. Keeping it simple is the way to go IMHO.:)

[lostdoggy]

I'm new at selling photos but have had the good fortune to make some sales recently. There are two things I need some help with:

1. the proper way to sign (name and #) the work.
2. how to protect my work thru copyright...

Any help or direction to internet threads would be appreciated......

There was a long thread on this a few days ago in, i think, corner the pro it was pretty lengthy.

GOOD LUCK!!!

[lostdoggy]

I think this is it:
http://photography-on-the.net/forum/showthread.php?t=72829

[IndyJeff]

FYI, according to my attorney, most copyright services are nothing more than a way to waste your money. The second you sign your work and publish it, it is copy righted by definition. You used to have to file it with the Library of Congress, but no more. So don’t waste your money.


First thing you should do is find a new attorney.

[robertwgross]

FYI, according to my attorney, most copyright services are nothing more than a way to waste your money. The second you sign your work and publish it, it is copy righted by definition. You used to have to file it with the Library of Congress, but no more. So don?t waste your money.

This is bogus information.

Technically, your work is copyrighted the moment you capture it. However, it is easier to defend it in court, and you stand to recover money better from a violator if you have the copyright mark on the work and you have registered the work with the copyright office.

Besides that, I would get a new attorney who understands copyright law.

---Bob Gross---

[redbutt]

This is bogus information.
Besides that, I would get a new attorney who understands copyright law.


Amen to that. There is a reason why there are people that specialize in Copyright and patent law. It's a unique field and you should seek out a specialist.

[mvonditter]

This is bogus information.

Technically, your work is copyrighted the moment you capture it. However, it is easier to defend it in court, and you stand to recover money better from a violator if you have the copyright mark on the work and you have registered the work with the copyright office.

Besides that, I would get a new attorney who understands copyright law.

---Bob Gross---

I beg to differ, he does just that for our company. A little out fit called Microsoft uses him as well, so I would think he has clue of what he speaks. We write software for a living as well and it has been chalanged and so far we have won every time.:) Of course, you should check out your personal req. with your own attorney.:confused:

[redbutt]

I beg to differ, he does just that for our company. A little out fit called Microsoft uses him as well, so I would think he has clue of what he speaks. We write software for a living as well and it has been chalanged and so far we have won every time.:) Of course, you should check out your personal req. with your own attorney.:confused:

Sorry...I'm calling B.S. on your attorney and you...and the US government is backing me up. Robert Gross is correct. I think everyone understands that copyright is attained the instant you take the picture. However, in the US, you can NOT file an infringement suit unless you have registered your copyright. Your attorney sounds like a Patent attorney, and patent law is VERY different. I've been through a monster patent case where I was an expert witness (I worked for Musicmatch, now Yahoo!). Just to put this to bed once and for all...everyone read this before you post anything else about what you 'think' the law is.

http://www.copyright.gov/circs/circ1.html#wci

Here's the hilights....
--- No publication or registration or other action in the Copyright Office is required to secure copyright. (See following Note.) There are, however, certain definite advantages to registration. See "Copyright Registration."

--Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

--In the case of works made for hire, the employer and not the employee is considered to be the author (edited...read the full section on that url)

-- Copyright protection is available for all unpublished works, regardless of the nationality or domicile of the author. (edited...read the site for sull details)

---Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.

--If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

[mvonditter]

Sorry...I'm calling B.S. on your attorney and you...and the US government is backing me up. Robert Gross is correct. I think everyone understands that copyright is attained the instant you take the picture. However, in the US, you can NOT file an infringement suit unless you have registered your copyright. Your attorney sounds like a Patent attorney, and patent law is VERY different. I've been through a monster patent case where I was an expert witness (I worked for Musicmatch, now Yahoo!). Just to put this to bed once and for all...everyone read this before you post anything else about what you 'think' the law is.

http://www.copyright.gov/circs/circ1.html#wci

Here's the hilights....
--- No publication or registration or other action in the Copyright Office is required to secure copyright. (See following Note.) There are, however, certain definite advantages to registration. See "Copyright Registration."

--Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

--In the case of works made for hire, the employer and not the employee is considered to be the author (edited...read the full section on that url)

-- Copyright protection is available for all unpublished works, regardless of the nationality or domicile of the author. (edited...read the site for sull details)

---Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.

--If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

Your post makes my point, now doesn't it. There is a difference between copyright and registration. The later, is the next step up the ladder. But enough, as I said before, if in doubt check it out with your own attorney. It's your money.:D :D

[PhotosGuy]

2 things:
You can get the © symbol in PS by holding down Alt & typing 0169 ON the Keypad.
You can © a body of work, like several hundred jpgs, by putting them all on a CD & copyrighting that. Much cheaper than doing it one at a time! ;-)

[mvonditter]

2 things:
You can get the © symbol in PS by holding down Alt & typing 0169.
You can © a body of work, like several hundred jpgs, by putting them all on a CD & copyrighting that. Much cheaper than doing it one at a time! ;-)

Great ideas, thanks.:D

[redbutt]

Your post makes my point, now doesn't it. There is a difference between copyright and registration. The later, is the next step up the ladder. But enough, as I said before, if in doubt check it out with your own attorney. It's your money.:D :D

You're doing what all people do in this situation...you're taking only the parts that fit your argument. We all agree, and it is true, that all you need to do is take the picture to attain copyright. But, as for registering being a waste of money, you completly glossed over this part:

---Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.

If you plan on actively defending and enforcing your copyright you MUST register it, otherwise all you can do is complain till your blue in the face an hopefully annoy the offender into paying you.

[samsen]

just ran across this. check it out.

http://www.icreateditfirst.com/ecom/Welcome.jsp

wayne


Link not showing up.

[samsen]

2 things:
You can get the © symbol in PS by holding down Alt & typing 0169 ON the Keypad.
You can © a body of work, like several hundred jpgs, by putting them all on a CD & copyrighting that. Much cheaper than doing it one at a time! ;-)

A note about ©
I always forget the typing combination or have problem with my laptop that has no number pad and I believe you can not use the numbers from top key.
My option there is to use:
Window start icon > All programs > Accessories > System tools > Character Map > chossing © from the list > Select > Copy
Then paste it where ever need.
Looks complex but always works.
Another option is past © that is copied from any page like my note her, then paste it to any image or document you need.

[J Michael]

Your post makes my point, now doesn't it. There is a difference between copyright and registration. The later, is the next step up the ladder. But enough, as I said before, if in doubt check it out with your own attorney. It's your money.:D :D

An attorney won't take your case on contingency unless the work for which the violation occurs has been registered. Also, the amount of damages you can seek is much greater if the work has been registered. This is what people need to understand.

This forum is full of tales of woe from those who have provided access to their work and then ripped off when the images are used and they are not compensated. Register your work.

More info at ASMP's copyright section (http://asmp.org/copyright).

[sandpiper]

Link not showing up.

As this thread is 7 years old, things have probably moved on since that link was posted. It was probably active in 2005 but not any more.

[samsen]

Appreciated you input Sandpiper.

[RDKirk]

However, in the US, you can NOT file an infringement suit unless you have registered your copyright.

Something to add, though: Copyright can be registered at any time, including after an infringement. There is a 3-month grace period after an infringement during which copyright can be registered and a suit filed.

But even beyond that, belated registration will stop further infringement and depending on the nature of the infringement, it can give the author considerable leverage. For instance, if the image had, say, been used for packaging with thousands or millions of unsold units already on shelves around the country, even a belated registration can threaten the infringer with having to pull all those packages and create a new package. It's likely such a case would be settled out of court in the author's favor.

So registering--even late--is a good idea.

[gigolo]

You can © a body of work, like several hundred jpgs, by putting them all on a CD & copyrighting that. Much cheaper than doing it one at a time! ;-)

If someone copies a pic from a copyrighted CD, they have copied a small part of a whole work. If they copy a copyrighted pic, then they have copied the whole work. Does this make any difference in court?

[RDKirk]

If someone copies a pic from a copyrighted CD, they have copied a small part of a whole work. If they copy a copyrighted pic, then they have copied the whole work. Does this make any difference in court?

The procedure in the US is that you can register an extremely large number of digital images on one application for $35.

If you use the online process (it's just dumb to do it any other way), there is no definite limit to the number of images you can enter on the application. The only stipulation is that you be able to categorize it as a "collection." It's acceptible to identify the collection as simply as "My pictures of 2011."

The digital images can be web-resized jpegs--they don't have to be print-quality.

Because copyright covers derivative images, it would not be necessary to include images that are extremely close copies, nor would it be necessary to include images that you're never going to release in any way to be copied.

There is a limit to the number of published images you can register on one application. "Published" images would include any you've already put on a public-access website (but not images that required a password to access). You can only register a maximum of 700 (seven hundred) published images on one application.