Copyright Infringement - Questions

sonicbuffalo_RIP

Senior Member
What purpose does it serve by putting your name or the name of your photgraphy business on your pictures if you haven't registered your images through the copyright office?

Does the "c" give you automatic protection?

I read the other post and it seems hard to understand except I see you DO have to register your images, and it costs money. Of course, I also see you can register a group of images for the same price.

Should you watermark your images first or if you see the image being used by someone, just go get it registered then, and pursue the matter legally from there?
I'm sure there are a lot of photographers who are confused by this part of business.
 

480sparky

Senior Member
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 punative 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.
 

Dave_W

The Dude
It's simple, at any point in an "infringement" suit, you can register your photo as yours. This will give you the leverage you need. Since you already own the copyright, you don't have to register everything you produce, only the photos that become involved in an infringement issue.
 

sonicbuffalo_RIP

Senior Member
Thanks Sparky.....that about covers it in a nutshell....leaves me wondering why everyone (well, just about everyone) insists on putting their watermarks on the images they take. I don't think I will unless it makes me feel professional.....but it does make people who steal your images have a little more effort. Thanks for your remarks.
 

sonicbuffalo_RIP

Senior Member
It's simple, at any point in an "infringement" suit, you can register your photo as yours. This will give you the leverage you need. Since you already own the copyright, you don't have to register everything you produce, only the photos that become involved in an infringement issue.

Thanks Dave....that explains it a lot better too!
 

Dave_W

The Dude
To answer your question why we put a watermark (in my case a web address) is for advertisement sake. Many good people in the world will share your low resolution image and will keep your watermark with it. If, by chance, someone sees the image and wants to purchase a print or the high res digital file, they'll know who you are and how to contact you. As for keeping your images safe, post only low resolution images. There's nothing much an image pirate can do with low res images other than posting them on the internet. And that, in and of itself, is about as secure as your photos can ever be in the digital age.
 

480sparky

Senior Member
....leaves me wondering why everyone (well, just about everyone) insists on putting their watermarks on the images they take.....

Basically, for four reasons.

1. Advertising. Brand recognition goes along with this a bit.
2. Helps with infringement cases.
3. In many cases, people think it's required. Don't ask me why, though.
4. Some people think it makes them look more professional.
 

sonicbuffalo_RIP

Senior Member
yes...being a hubbyist as you and I am, it hardly makes sense as we're not real concerned about selling images. But is someone were to offer you a grand for a picture you thought was crappy, I bet you'd take it. I would. The only way that person could get in touch with you is through your watermark. I'm like you though, I really don't like seeing them. Takes away from the subject too much.
 

Rick M

Senior Member
In addition to everything said, some printers won't reprint images with watermarks without proof. I do it mostly for advertising my site.
 

Blacktop

Senior Member
Let the bidding begin!
Pete's-365-1-25.jpg
 

sonicbuffalo_RIP

Senior Member
I believe you....I read the other thread, but it was difficult to understand for me....maybe I was speed reading a bit! lol.....but I know you've done your homework.
 
Top