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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 18 Mar 2013 (Monday) 00:27
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copyright and stock photos

 
abbypanda
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Mar 18, 2013 00:27 |  #1

Do you copyright your photos before subscribing to sell on stock sites?

If you havent copyrighted it in the first 90 days is it too late?




  
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RDKirk
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Mar 18, 2013 08:24 |  #2

abbypanda wrote in post #15726845 (external link)
Do you copyright your photos before subscribing to sell on stock sites?

If you havent copyrighted it in the first 90 days is it too late?

A. Yes

B. Registering the copyright within the first 3 months of first publication (not 90 days--three months...the difference might be crucial, especially if one of those months was February) protects you from any infringements that happen immediately upon first publication.

You can register at any time--even years after first publication--and that registration will provide full legal protection for infringements subsequent to the date of registration, but not before it.


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abbypanda
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Mar 18, 2013 12:36 |  #3

I see, thank you




  
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noxcuses1
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Mar 20, 2013 21:10 |  #4

RDKirk wrote in post #15727550 (external link)
B. Registering the copyright within the first 3 months of first publication (not 90 days--three months...the difference might be crucial, especially if one of those months was February) protects you from any infringements that happen immediately upon first publication.

No. It's 90 days in the U.S.

Source: http://www.copyright.g​ov/circs/circ61.pdf (external link)

If a published work was infringed before the effective date of registration, those remedies may also be available if the effective date of registration is no later than 90 days after the first publication of the work.




  
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RDKirk
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Mar 20, 2013 21:17 |  #5

noxcuses1 wrote in post #15737969 (external link)
No. It's 90 days in the U.S.

Source: http://www.copyright.g​ov/circs/circ61.pdf (external link)

This is what the law itself actually says:

§ 412 · Registration as prerequisite to certain remedies for infringement

In any action under this title, other than an action brought for a violation of the rights of the author under section 106A(a), an action for infringement of the copyright of a work that has been preregistered under section 408(f) before the commencement of the infringement and that has an effective date of registration not later than the earlier of 3 months after the first publication of the work or 1 month after the copyright owner has learned of the infringement, or an action instituted under section 411(c), no award of statutory damages or of attorney’s fees, as provided by sections 504 and 505, shall be made for—

(1) any infringement of copyright in an unpublished work commenced before the effective date of its registration; or

(2) any infringement of copyright commenced after first publication of the work and before the effective date of its registration, unless such registration is made within three months after the first publication of the work.

http://www.copyright.g​ov/title17/92chap4.pdf (external link)


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