copyrighting and licensing

Someone has recently asked if they could use one of my images. For the full details see https://photography-on-the.net/forum/showthre​ad.php?t=228212. But basically I have 2 questions.

1) How do I copyright a photograph. Do I have to send a print or can a image file be burned to a CD or something like that. I've been looking at the US Copyright Office webpage but can't seem to find the information.

2) Are there generic useage aggreements or licenses out there that I can start with?

I think that this page would apply. Photographs fall under the visual arts section. I've never registered anything with the US office but others here have stated that they put as many images as possible on a DVD or CD and their 45.00 and send it in.

In my dealings with those that want to use my image, each circumstance is a little different so I do a "letter of understanding" that outlines the usage limitations in plain english. There are legalese documents that I have seen but I ran a couple of the ones that I did past my lawyer and he thought that they would stand providing that you get the document signed prior to having the usage start.

I think it's important to understand that most creative works can be copyrighted at creation and does not need to be 'registered' in order for you to claim your work as yours.

http://photography.abo​ut.com …tters/ht/ht_Cop​yright.htm

Of course if your work is that important to you, it might be worth the time and money to register it. Otherwise, I'd just put the 'copyright' statement with your name at the bottom of your photos before displaying it or distributing it to others. (and of course, personally keep the original unedited photo).

I understand that all original works are automatically copyrighted. However I also understand it can be ver expensive to take leagal action if its not registered. And now that I have had interst in one of my photo's I figure it might not be a bad idea to register the "non-family snapshots" just in case.

I've done some other hunting around the net today and you might want to have a look at the links that I have put in this thread.

RuggerJoe wrote in post #2158042
I understand that all original works are automatically copyrighted. However I also understand it can be ver expensive to take leagal action if its not registered. And now that I have had interst in one of my photo's I figure it might not be a bad idea to register the "non-family snapshots" just in case.

It's not any more expensive to take legal action, but you can get punitive damages awarded if the copyright is registered. If not registered, you're limited to actual damages - at least that's my understanding. I could be wrong - consult a lawyer if in doubt.

Mark

Mark_Cohran wrote in post #2158990
It's not any more expensive to take legal action, but you can get punitive damages awarded if the copyright is registered. If not registered, you're limited to actual damages - at least that's my understanding. I could be wrong - consult a lawyer if in doubt.

Mark

An infringement case can run $50,000-$100,000 and if you aren't looking at getting attorney fees, which registering would allow, then filing and suing someone over usage would cost you more than any judgement you might get.
I am not 100% sure on this but, I don't think a small claims court would even hear the case as it is a federal case, not state or local.