how does my camera copyright a picture

[MLeeK]

Meline Legal » Copyright Class Action Law Suits – Unregistered Works

The lesson seems to be that it should be easier to certify a class and get a settlement in a case that involves copyright owners who have failed to register their works.​

So I just read a few legal articles regarding copyright infringement and registration. There is no requirement to register your copyright, but if you want to take it to court you should register before hand. Having said that, you can register your copyright the day before court it seems like with no obligation to do so before that. Doesn't specify that you must do it in a timely manner.

Not true. It must be registered within 3 months of being "published." Being "published" has been updated to being placed on any fixed medium. A disk is a fixed medium.
From Chapter 4, sub-section 412 of the US copyright law:
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(1) any infringement of copyright in an unpublished work commenced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.


Keith is FAR more knowledgeable than I am on the copyright laws. He can answer A LOT more detailed questions.

 

[MLeeK]

Well, it'll cost you more in legal fees than you can recover an unregistered copyright, so paying the $35 is definitely worth the money spent every 3 months.
From the FAQ on the US Copyright Office Page:

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”
Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

It's $35 for how many images?

Unlimited. I've done thousands at a time in one registration. In fact, my last registration had 2430 images in it. The one before that had 3424.

And they need to be the basic finished image-so if you have a color, a black and white, a sepia... you register the base, color image. It needs only to be thumbnail size.

 

[Tony S]

If you do try to go to court for copyright infringement the first thing a lawyer that you go see will ask you is "did you register the images with the US Copyrights Office"? So if you answer no, more than likely they won't take the case on.

 

[Danopic]

Awesome everyone! Thank you far all that info. I will copyright all my work as far as registering it That I will have to see about.

 

[MLeeK]

It's really very easy and can be done on line now. U.S. Copyright Office - Online Services (eCO: Electronic Copyright Office)

 

[Ballistics]

So in otherwords, If I make a disc of an image, I have 3 months to register the copyright otherwise it's fair game? Why doesn't that sound right to me.

Edit:

or 1
month after the copyright owner has learned of the infringement

 

[MLeeK]

You really need the rest of that paragraph for it to be complete... One month from the infringement is only applicable if it is WITHIN THE 3 MONTHS you have to register.

1month 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.

Keith can clarify SO much better than I can. He's got tons of information for explaining how copyright works, etc. I just know I have to register it every 3 months or I cannot do jack sh*t if and when I find an infringement.

 

[480sparky]

So in otherwords, If I make a disc of an image, I have 3 months to register the copyright otherwise it's fair game? Why doesn't that sound right to me.
.......

No. You just can't sue for as much money.

 

[KmH]

US copyright law is federal law - USC Title 17 (USC = United States Code) - U.S. Copyright Office - Copyright Law of the United States

Since copyright law is federal law, and copyright action has to be filed in federal court. Copyright law - 17 USC 411 - states in part b, "no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title." If you haven't at least started the copyright registration process you can't sue anyone for infringement.

If you have registered your copyright BEFORE an infringement occurs, your attorney then has the option of seeking statutory or actual damages. If the copyright is not registered prior to the infringement, or within 3 months of the 1st publication of the photo, only actual damages can be sought.

Actual damages - 17 USC 504b - have to be proven. The court may calculate actual damages from ordinary industry (or yours) standard licensing fees. Your attorney may be able to also recover any profits the infringer made from infringing your image if the profits aren't to speculative.

Statutory damages - 17 USC 504c -don't have to be proven. The court decides how much, between $750 - $30,000 per infringed image. However, if your attorney can prove the infringment was willful, the court is allowed to award up to $150,000 per infringed image, plus all of your court cots and attorney's fees.
Note: If the othe guy's attorney can prove the infringement was "innocent", you get $200 per infringed image and pay your on costs and attorney fees.

On another forum, Licensing an image for a LOGO.

 

[Bitter Jeweler]

If you haven't at least started the copyright registration process you can't sue anyone for infringement.

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