Features

Do I need to copyright my images?

By Brent Phelps July 01, 2005

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Copyright_logo_5This is one of the most frequent questions I hear from photographers (especially after someone has published an image without permission.) The simple answer is… Yes, as a professional you should protect your livelihood by copyrighting all of your images. Many photographers do not register their images because it is a hassle or they have heard that an image is automatically copyrighted. It is true that your images are automatically protected under US copyright law. However, registration offers the following advantages:

1. Registration establishes a public record of the copyright claim.
2. Before an infringement suit may be filed in court, registration is necessary for works of  US origin.
3. If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
4. If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
5. Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.

Copyright_poster_2I know what you are thinking – Ugggh!!! Now I have to go through all of that paperwork hassle to register each of my images! One trick to make it easier is to copyright a group of images rather than go through the hassle for just one image. You can submit up to 750 images for registration on one application with one filing fee. All professional artists should place this task into their calendar to copyright their work on a regular schedule (I do it 3 times a year).

For more information the US Copyright office maintains an excellent website that you can visit to learn about registration procedures and keep up to date with copyright law. http://www.copyright.gov 

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