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Registering for Copyright questions


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I am relatively new to the image selling/licensing business and now want to get my images officially registered at a copyright office.  I've read the discussion about the topic on the forums but still have some questions.

 

I'm in Canada, but the American copyright site seems more user friendly for registering images.  Does I need to register in both countries?

 

Also, the forms usually ask for the title of the image. For most of my stock photos, I don't have a title, unless I've put it on FAA as well, where you must title your artwork.  If I don't have a title for the image, do I just give the file name?

 

Thanks for any help.

 

Maria

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I just keep my file name on the images. Then the title of my "collection" of images is the month, year, and my name. They ask for a description of the work so I just put "2,000 (or however many) images collected month and year." I'm no expert so perhaps someone else has a better idea. I just want to be able to find the copyright number on the certificate they send me if I need it. I save the folder of jpegs. I also put "Registered Oct. 2014" in the keywords in Lightroom. That would tell me which batch of jpegs the image appears in. I'm in the US and only copyright here.

 

Paulette

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Maria and all,

 

I register all images that I put out, leave my computer, with the U.S. copyright office.

it is easy to do on line and if you do it electronically is does not cost much.  I have

made my money back many times over from working this way.

 

Chuck

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Maria, just bear in mind that copyright protection works on a country by country basis.  Registering in the US is arguably a good idea (mainly because of the access to statutory damages), but it only assists you for the purposes of infringement in the US, not elsewhere.  The US is one of very few countries that have a registration system.  It is something of a leftover from before the Berne Convention which harmonised various national systems so far as determining when copyright starts.  Most countries do not have a registration system at all (e.g. UK), or if they do, it doesn't really have any teeth.  At most, and I think Canada is one, you can register copyright but the only advantage is that it gives prima facie proof of ownership.  (That is, your claim of ownership is presumed and it is up to another party to displace that presumption).

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I've never really understood how the process works in Canada, but I believe that you have to buy a "certificate of registration" for each individual photo, which could get very costly indeed. Since creators in Canada automatically own the copyright to their work, shelling out for registration certificates (suitable for framing, no doubt) seems unnecessary to me. Hmmm... could this just be a money-making scheme on the part of government? It wouldn't surprise me in the least.

 

Maria, I've never registered my images with the U.S. copyright office. Perhaps I should.

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So far as I can see, and I have no idea how widely it is used, registration in Canada might be of assistance where an ownership dispute might arise in the future.  It might be relevant, say, where a business changes hands to give prima facie proof of ownership.  Or where works were created by employees and assigned to their employer.  In copyright disputes between companies or with employees, it can be a complicated and expensive task to trace back through the history of a copyright work (e.g. a famous food label thats been around for eons) to see who created it, when and how it was assigned, etc so as to prove ownership.  With registration, ownership by the registration certificate holder is presumed and it is up to the other party to disprove it. Not likely to arise in many circumstances relevant to most people here.  Copyright, as you say, automatically arises on creation in Canada and most countries.  I think the reason why historically the US had a registration system was because copyright came into effect on first publication, and the current system is a legacy of that even though the US now also recognise copyright as coming into effect on creation.  As with many things - IP laws, measurements - the US do things a bit differently to most of the rest of the world  :o

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I've never really understood how the process works in Canada, but I believe that you have to buy a "certificate of registration" for each individual photo, which could get very costly indeed. Since creators in Canada automatically own the copyright to their work, shelling out for registration certificates (suitable for framing, no doubt) seems unnecessary to me. Hmmm... could this just be a money-making scheme on the part of government? It wouldn't surprise me in the least.

 

 

 

I agree with the costliness John.  If I'm reading it right, it's $50 per image.  With my portfolio it's over $36 000!  And with yours over $247 000.

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As soon as I see a particular image of mine being used illegally in the US more than say a dozen times, I then register it for future infringements.  I cannot claim for past infringements but the future claims certainly make it worthwhile.  I am indeed forever grateful to Photoattorney Carolyn Wright who suggested a few years back to register a particular image.  It has been one of my better investments!!

 

Sheila

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I've never really understood how the process works in Canada, but I believe that you have to buy a "certificate of registration" for each individual photo, which could get very costly indeed. Since creators in Canada automatically own the copyright to their work, shelling out for registration certificates (suitable for framing, no doubt) seems unnecessary to me. Hmmm... could this just be a money-making scheme on the part of government? It wouldn't surprise me in the least.

 

 

 

I agree with the costliness John.  If I'm reading it right, it's $50 per image.  With my portfolio it's over $36 000!  And with yours over $247 000.

 

 

Yup, slightly out of my budget. I guess if you had a select few photos that have generated a lot of money, it might be worth buying certificates for them. Otherwise, as mentioned, everything we produce is automatically protected by copyright in Canada, theoretically anyway.

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I hope everyone knows that you can do thousands at a time for $55 on the US copyright site. I used to do three thousand at a time and last time I did about two thousand. I'm not sure what the limit is because although they do tell me if I'm trying to do too many they also ask after I upload them whether I have any more. Confusing. I haven't tested adding more.

 

Paulette

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I hope everyone knows that you can do thousands at a time for $55 on the US copyright site. I used to do three thousand at a time and last time I did about two thousand. I'm not sure what the limit is because although they do tell me if I'm trying to do too many they also ask after I upload them whether I have any more. Confusing. I haven't tested adding more.

 

Paulette

I remember thinking this was a good idea, as I'd read it was the only way stop theft, but as others have said, thought it was each, that sounds better and more attainable

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I remember thinking this was a good idea, as I'd read it was the only way stop theft,

 

 

There is really only one way to stop theft of images, and that ain't it.

 

dd

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I am just a new member of Alamy so this is my 1st post. As a Canadian I can say that you don't have to register your images at all as far as I know.

The copyright act was upgraded in Nov. 2012 and as the creator of the image you hold the copyright automatically . In the past in Canada if you sold an image without specifically retaining the copyright it went to the owner of the image.

Canada and the US are now the same along with a lot of other countries. Unless you sign away the copyright you hold it for 50? years.

 

I don't know about the US and registering your images. Personally I don't think you need to.

 

http://capic.org/copyright-laws/  This website is the  THE CANADIAN ASSOCIATION OF PROFESSIONAL IMAGE CREATORS  

 

Hope this helps

 

Mark

 

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I remember thinking this was a good idea, as I'd read it was the only way stop theft,

 

 

There is really only one way to stop theft of images, and that ain't it.

 

dd

 

 

Quite, don't publish, share or show them!

 

All registration does is allows you claim additional damages when they are stolen in some jurisdictions. And then it comes down to whether you collect on the court order.

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I remember thinking this was a good idea, as I'd read it was the only way stop theft,

 

 

There is really only one way to stop theft of images, and that ain't it.

 

dd

 

 

Quite, don't publish, share or show them!

 

All registration does is allows you claim additional damages when they are stolen in some jurisdictions. And then it comes down to whether you collect on the court order.

 

 

Indeed!! :-)

 

If you have the means to sue (in certain jurisdictions only I might add), registration would be helpful. If you're prone to threatening to sue, it might be helpful . . . otherwise . . .

 

dd

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