NEW! GROUP COPYRIGHT REGISTRATION OF PHOTOGRAPHS
You've discovered that your published images have been used without permission, but you were told you cannot sue because you never registered them. Pun intended, this isn't a pretty picture, is it?
Although images are copyrighted from the moment they are created, they must be registered with the United States Copyright Office within 90 days of first publication in order to be able to sue for an infringement and to be eligible to receive the full range of available remedies.
Registering single images becomes expensive, however, and while it has always been easy to register groups of unpublished photographs it has not been so with published images-until now. The Copyright Office's new rules permit registration of unlimited numbers of published photographs using one application, a single filing fee of only $30, and an example of each image to be registered (called the deposit). That's it!
Note: It is important to consider the legal definition of publication. It means the distribution of images to the public by sale or other transfer of ownership-for example, licensing the right to reproduce or distribute images. Sending images to a stock photo agent for distribution or display qualifies as publication. However, merely displaying images in a gallery does not. Therefore, displaying images on a web site may not constitute publication, but displaying them for licensing may be considered publication. In either event, putting anything on the Internet makes it susceptible to infringement. Be safe, register every image released from your office or studio. Why not implement a routine 60 day registration cycle or all of your edited images?
The deposit can now be inexpensively produced digitally. Have edited film scanned as low resolution digital files (typically, 72 pixels per inch). Another way is to scan images on a flat bed scanner as a "contact sheet." Either way permits registration even if the images have to be rushed to a client.
To produce a CD-ROM, scan the photos so that the on-screen image is small, perhaps 3 to 4 inches wide, so that the files will be small. Because only one file per image is needed, many files will fit on one CD. You can submit any number of CDs with one application and filing fee.
Find a dealer who can supply a CD in one day or less. This will let you send film, or preferably another CD with larger image files, to a client with minimal delay. (Wolf Camera and possibly other stores have Kodak scanners and can put images on diskettes or CDs while you wait.)
To make your own CD you will need:
- A CD-RW drive and operating software (prices range from $120 to $325 depending upon speed and brand);
- A film scanner (see MacMall.com and MacZone.com for Nikon Coolscan IV ED $895; Polaroid SprintScan 35 $299 and SprintScan 4000 $749; Pacific Images PrimeFilm scanner models 1800u and 1800 Silver, $199 and $299 respectively), and
- A stack of blank CD-R disks (100 brand name disks cost $60 to $70).
Here are the permissible forms for deposits (from most to least preferred):
- Digital files on one or more CD-ROMs (i.e., CD-RWs) or DVD-ROMs using these image formats only: JPEG, GIF, TIFF, PCD.
- Unmounted prints 3"x3" min., 20"x24" max.
- Contact sheets (images must be identifiable).
- Slides with a single image.
- Clippings from publications in which the images appeared.
- Photocopies of each image or clipping, 3"x3" min., 20"x24" max. If the image was published in color, the photocopy must be in color.
- Slides containing up to 36 images.
- Videotape depicting each image (images should appear at least 5 seconds to be recognizable).
Registered images are the cheapest and best insurance if you ever need to enforce your rights against an infringer.
David can fill out your registration application, inspect your deposit, and submit it all to the Copyright Office, as well as help you with other copyright issues.
