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Copyright Infringement - Questions
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<blockquote data-quote="480sparky" data-source="post: 295908" data-attributes="member: 15805"><p>In the US, you basically have three levels of copyright protection.</p><p></p><p>The first level is created automatically as soon as the shutter closes on a film camera, or the image is written to the memory card with digital. You have a copyright on that image. No copyright symbol watermarked on the image is required. However, you really can't do much with this level other than send a cease and desist letter to an infringer.</p><p></p><p>The next level is registering your images, but well after they were taken. 90 days is the cut-off point. If you do this, you can at least file suit for actual damages. However, you must prove monetary damages, and typically it costs more to pursue the case than what the damages might be.</p><p></p><p>The highest form of protection is to register you images within 90 days of creating them, and before 'publishing' them. This allows you to collect <em>punative</em> damages as well.</p><p></p><p>In all cases, the suit is a federal matter. There are no civil, county/parish, state or 'small-claims' for copyright infringement. It's all federal. And according the the US copyright law, the images MUST be registered in order to file suit. So if you haven't, you won't even be able to find a lawyer to take the case as they know there's nothing in it for them.</p><p></p><p>Adding the copyright symbol is no longer required. However, doing so can increase your chances of winning a case as it clearly shows the infringer had to remove it or crop it out.</p></blockquote><p></p>
[QUOTE="480sparky, post: 295908, member: 15805"] In the US, you basically have three levels of copyright protection. The first level is created automatically as soon as the shutter closes on a film camera, or the image is written to the memory card with digital. You have a copyright on that image. No copyright symbol watermarked on the image is required. However, you really can't do much with this level other than send a cease and desist letter to an infringer. The next level is registering your images, but well after they were taken. 90 days is the cut-off point. If you do this, you can at least file suit for actual damages. However, you must prove monetary damages, and typically it costs more to pursue the case than what the damages might be. The highest form of protection is to register you images within 90 days of creating them, and before 'publishing' them. This allows you to collect [I]punative[/I] damages as well. In all cases, the suit is a federal matter. There are no civil, county/parish, state or 'small-claims' for copyright infringement. It's all federal. And according the the US copyright law, the images MUST be registered in order to file suit. So if you haven't, you won't even be able to find a lawyer to take the case as they know there's nothing in it for them. Adding the copyright symbol is no longer required. However, doing so can increase your chances of winning a case as it clearly shows the infringer had to remove it or crop it out. [/QUOTE]
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