How to copyright a photo?

[WayneF]

In the US the second you "make" a photograph it is automatically copyrighted to you. About 50 some yrs ago they changed the law so that you did not have to register it in order to obtain an official copyright. Now the copyright is automatically granted to you as the "inventor". Also, an image does not need to say "copyright" in order to claim copyright infringement if someone else uses your image without permission. So right now all your images are 100% copyrighted and are exclusively your property...assuming you are living in the US. This also applies to anything you write, too.

This is true, as far as it goes. However, come time of a dispute, it is still your word against his. You need evidence. Registration provides that evidence, of your claim, and the date. I can register your photo too, and the earliest claim has a big advantage.

If you want to go to court to settle damages, registration is absolutely required (just to be admitted in court).

If you have material of monetary value, enough to be of concern, you damn sure better get it registered.

In the USA, that is the Library of Congress U.S. Copyright Office

See upper left corner, Basics and FAQ. It is all there, and easy to read.

 

[jwstl]

In the US the second you "make" a photograph it is automatically copyrighted to you. About 50 some yrs ago they changed the law so that you did not have to register it in order to obtain an official copyright. Now the copyright is automatically granted to you as the "inventor". Also, an image does not need to say "copyright" in order to claim copyright infringement if someone else uses your image without permission. So right now all your images are 100% copyrighted and are exclusively your property...assuming you are living in the US. This also applies to anything you write, too.

All true but let me add a few things:

You need to register your images with the Copyright Office in order to sue for damages. You cannot sure at all if the images aren't registered.
You can register the images after you find an infringement but all you can sue for is "actual" damages. Your images need to be registered within 3 months after publication or before the infringement to be able to sue for "statutory" damages and attorney's fees.

Here's a helpful doc published by the Copyright office:

http://www.copyright.gov/circs/circ01.pdf

 

[Dave_W]

All true but let me add a few things: You need to register your images with the Copyright Office in order to sue for damages. You cannot sure at all if the images aren't registered. You can register the images after you find an infringement but all you can sue for is "actual" damages. Your images need to be registered within 3 months after publication or before the infringement to be able to sue for "statutory" damages and attorney's fees. Here's a helpful doc published by the Copyright office: http://www.copyright.gov/circs/circ01.pdf

I'm a little curious about need to register before being able to sue for damages. Take the example of Paris Hilton blogger dude (I think it's spelled differently) and how he's being sued for $7 million dollars. I do not believe his images were registered but yet he's got that blogger by the proverbial gonads for not removing the images after being asked to. Btw, has there been any updates to that story?