By Nancy Wolff, Esq.
Q: What is copyright?
A: Copyright is the legal principle that
protects your original creative work, and that grants the exclusive
right to reproduce, distribute, publish, sell and create a
derivative work based upon it. A derivative work is any adaptation
or modification to a work such as making a painting from a
photograph. Having an exclusive right means that no one can use
your work without permission (with a few exceptions).
Q. Does it apply to students?
A: Yes. Copyright applies to any artistic work
created in school or out of school.
Q. How long does my exclusive right
last?
A. In the U.S., the copyright in a work begins
at the work’s creation and lasts for the life of the artist plus 70
years. After that time, the work enters the public domain, at which
point anyone may use it for whatever purpose they wish. Works
created before 1976 have a different period of protection.
Q: How can I copyright my photographs? Is it
something I really need to do?
A: Copyright protection exists as soon as the
original work is created, but there are benefits to officially
registering works with the Copyright Office. It’s the best way to
legally protect yourself and your work. Registration is a
prerequisite for an infringement action in court, and whether or
not your work was registered before the infringement action affects
the type of damages available.
Q. How do I register copyright in my
photographs?
A: Register your work with the U.S. Copyright
Office www.copyright.gov The registration process depends on
whether the photograph is published or unpublished (see below), but
the following steps apply to the registration of all visual
works:
Complete a Form VA. You can download a PDF of the form at:
http://www.copyright.gov/forms/formvai.pdf
Pay a $45 filing fee (recently increased from $30).
Submit non-returnable copies of the work. The number of copies
required depends on whether the work being registered is published
or unpublished. A work is published when it’s distributed and
offered to the public by sale, rental, display or other methods,
making one or multiple copies available. Deposits for published
works should include two copies of “identifying material” for every
photograph for which a copyright is sought. Identifying material
means reproduction(s) of a work in the form of photographic prints,
transparencies or photocopies that show the complete content of the
work being registered. To register unpublished works, only one copy
of “identifying material” is required.
Q: How long does it take?
A: A certificate of registration is usually
returned four to five months after the Copyright Office receives
your application. It is recommended that all applications be
delivered via overnight courier with proof of delivery.
Q: I have hundreds of photos, do I have to
fill out a form for each individual image?
A: No. For unpublished works, the registration
of two or more photographs as a collection is very straightforward
and only requires submitting a completed Form VA, a registration
fee and copies of the works to be registered in the collection. For
the group registration of published works, use Form GR/PPh/CON,
which includes group photo continuation sheets. This form gives
complete information about each individual photo, ensuring a more
complete public record, which could be helpful in defending a
copyright claim. Keep in mind that the Copyright Office limits the
number of photographs that may be identified on the continuation
sheets submitted with a single application to 750.
Nancy Wolff specializes in intellectual property law
and new media law, and has been an adjunct professor at Benjamin N.
Cardozo School of Law teaching mass media and entertainment
law.
Copyright FAQs--Answered
Understanding Your Rights and Protecting Your Images
Aug 5, 2008
By Nancy Wolff, Esq.
Q: What is copyright?
A: Copyright is the legal principle that protects your original creative work, and that grants the exclusive right to reproduce, distribute, publish, sell and create a derivative work based upon it. A derivative work is any adaptation or modification to a work such as making a painting from a photograph. Having an exclusive right means that no one can use your work without permission (with a few exceptions).
Q. Does it apply to students?
A: Yes. Copyright applies to any artistic work created in school or out of school.
Q. How long does my exclusive right last?
A. In the U.S., the copyright in a work begins at the work’s creation and lasts for the life of the artist plus 70 years. After that time, the work enters the public domain, at which point anyone may use it for whatever purpose they wish. Works created before 1976 have a different period of protection.
Q: How can I copyright my photographs? Is it something I really need to do?
A: Copyright protection exists as soon as the original work is created, but there are benefits to officially registering works with the Copyright Office. It’s the best way to legally protect yourself and your work. Registration is a prerequisite for an infringement action in court, and whether or not your work was registered before the infringement action affects the type of damages available.
Q. How do I register copyright in my photographs?
A: Register your work with the U.S. Copyright Office www.copyright.gov The registration process depends on whether the photograph is published or unpublished (see below), but the following steps apply to the registration of all visual works:
Complete a Form VA. You can download a PDF of the form at:
http://www.copyright.gov/forms/formvai.pdf Pay a $45 filing fee (recently increased from $30).Submit non-returnable copies of the work. The number of copies required depends on whether the work being registered is published or unpublished. A work is published when it’s distributed and offered to the public by sale, rental, display or other methods, making one or multiple copies available. Deposits for published works should include two copies of “identifying material” for every photograph for which a copyright is sought. Identifying material means reproduction(s) of a work in the form of photographic prints, transparencies or photocopies that show the complete content of the work being registered. To register unpublished works, only one copy of “identifying material” is required.
Q: How long does it take?
A: A certificate of registration is usually returned four to five months after the Copyright Office receives your application. It is recommended that all applications be delivered via overnight courier with proof of delivery.
Q: I have hundreds of photos, do I have to fill out a form for each individual image?
A: No. For unpublished works, the registration of two or more photographs as a collection is very straightforward and only requires submitting a completed Form VA, a registration fee and copies of the works to be registered in the collection. For the group registration of published works, use Form GR/PPh/CON, which includes group photo continuation sheets. This form gives complete information about each individual photo, ensuring a more complete public record, which could be helpful in defending a copyright claim. Keep in mind that the Copyright Office limits the number of photographs that may be identified on the continuation sheets submitted with a single application to 750.
Nancy Wolff specializes in intellectual property law and new media law, and has been an adjunct professor at Benjamin N. Cardozo School of Law teaching mass media and entertainment law.
