How to Copyright Your Photography and Make Money on Copyright Infringements
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- čas přidán 27. 06. 2024
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Wow, I can't believe how informative this tutorial must be from just this short excerpt.
Although there is no actual photography done in this tutorial, I believe this is the most valuable thing we have ever produced
Douchefan had good lighting.
lol i thought he was hot
@@FStoppers Will this work even if i live in sweden to?
Unfortunately the amount of utube channels teach how to copy and paste, copy and clone any websites, How to avoid copyright claims, Does google care about theft from your images, Is there a platform having a website you can't steal images? God bless professional photographers, this video deserves more support..2024.
Companies that steal images are didsliking this video 😂
I was on the fence with this tutorial, this longer excerpt sold me! Looking forward to doing business with you very soon
Truly very informative. Something which is not talked about so often!!
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Great message. Nicely done.
Great video. Love the "hair light"
Seriously good stuff. Thanks for sharing!
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Very useful information. Thanks.
Thank you so much man, best tutorial ever :)
I'll be grabbing this soon...
I’m 20.01 on this tutorial and all I can say is “Thank you so much”. This is very extremely helpful to me. Again, “Thank you”. You have my subscribe. -CiChris.
im grinning ear to ear watching this. this is insanely valuable info. thank you monte!
Thanks. We all benefit when photographers protect their work.
This. This is fantastic! Thank you for sharing mad knowledge and your experience with this 🙏🏽 I’ll be adding this to my “CZcams University” playlist in hopes that it helps more artists like me 👍🏽💪🏽📸🎥
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A really good video. Thanks for publishing. I have a small blog and while it's not a big one I've seen a few of my pics on the web that someone obviously stole from me. Tomorrow I have a shoot and I will be doing this even though I live in Japan.
I'll sure be getting that tutorial in the next few months :D
Wow, thank you. I didn't realise you could batch register for only $55! I registered two images separately costing $70 could have saved a little. I'm definitely going to batch register the rest of my images though! Thank you again.
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I think that I need this tutorial.
This is great. I've suffered this so many times. I'll take stock of this
I have never watched any video than run for 30 mins and above if they were not documentaries. I watched this whole video, indeed a great explanation.
Thank you for this information!
and thank you for watching. Hope it is helpful.
Thanks Man! Great Info!!
Amazing and informative. Thanks for putting this together!
Man that was a great video with great information, story, drama... Thanks man!
Right on Shawn. Glad you enjoyed it. I feel it's important info for anyone who creates content.
Thank you so much for this, How do some one copyright their work if they are not from USA and from an other country?
Thank you
I'm sure your nation has a similar entity. Best option would be search for (Country) copyright administration... I found this site that looks to answer your question.
www.wipo.int/directory/en/urls.jsp
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Thank you for sharing!!!
Save to favorites - check!
I think this can be very useful for people who are not as big as you yet and have taken pictures that they are offering for purchase. I do not live in the United States but I believe that this is the easiest way to secure me even abroad. I had sent an email about a month back about purchasing a couple of your tutorials and at first she never received an answer.
Something about watermarks, unless you yourself are producing something for particular client, it's not a bad idea to have a watermark over the whole image, which isn't too dissimilar from what we see on stock photo websites for the preview image.
Very important info, thank you 🙏 for kindly taking the time to make this very important video. 🏆🏆🏆
Thank u I’m a graphic designers and this help me
I didn’t plan on watching all 35 minutes of this video, but I did. Very informative to a newb like me!
i think every photographer should see this !
THAAAANK SO MUCH.
Thank you so much for this amazing video, it is extremely informative. I’ve watched a few different videos but they are not as nearly informative as you are. But I do have a question, maybe you can help me out with?
I have a waterjet table where we cut out signs and sell it on our handmade Etsy shop. There are tons of images online where I’d love to cut them out and sell them, but I understand someone has created them. From what I was reading if I was to take an image and alter it, my then able to sell it? And or copyright it if I change the image up? Typically are metal signs are just silhouettes, so I will typically crop the image and mix and move things around in it so it becomes a new image using the same parts. Is that OK? And if so now since it’s a kind of new image, am I able to copyright that since I created it? So no one else has that information, but it sounds like you’re very knowledgeable and hopefully I’ll be able to find that out. Thank you for your time.
THAT WAS FAB ... will recommend this vid to my media students.
One question - We live in the UK ... can we still register or is this for the US only ??
Work from foreign origin can be copyrighted with the Library of Congress regardless of nationality of creator. Library of Congress copyright registration is recognized by all countries that have a treaty with the US (includes most countries in the world and outlined in Circular 38a) www.copyright.gov/circs/circ38a.pdf > detailed info on who can register is outlined here www.copyright.gov/help/faq/faq-who.html
Hi there! 🤗 If you been able to register your goods on UK web? If I may ask you where did you get registered? 😇 Thank you!
I love the excitement in your face when telling your story hahahaha...I would be so excited too to get the same money hahahah
Bu, bu, bu ... but this is CANADA! One of these days you're going to have to do a Canadian edition of this copyright photography and infringements issue, sure a lot may be the same or similar, but differences. Yes I nit pick a wee bit, at times. I did however enjoy this video it's been very well put together and raises valid points. Thumbs up from Toronto.
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Good information well presented. If you have photographs on the internet, someone you don't know is almost certainly using them.
czcams.com/video/CZFwY-1-tac/video.html
Thanks for providing such great information! One question I have though... If you're submitting content to stock agencies ,and realistically don't know who exactly is buying and licensing any particular image, how would you ever be able say with any confidence that an image you find after using the google image search was NOT obtained through the stock site? Is there a trick to differentiating?
If you are selling your images as micro stock, I doubt there is much you can really do to recover large amounts of damages. Micro stock is its own thing but this has to do with licensing rare one off images that demand hundreds if not thousands of dollars per license.
I don't get it yet...So if someone bought my image from the commercial web who sells images,then I do what exactly? 🤗🥺
I design assets using Affinity designer and I am getting better fast! Can I send in all my assets at the same time for the same price or do I need to only send in one at a time ?
Great VID!
This has been my favorite Photography tutorial lol
So much appreciated. I really hope it is useful to your business.
not Karl Taylor.
Green Plasticbag Exactly what I thought.
Green Plasticbag looks like him
Thanks... I was wondering what happened to his voice... and why he renamed himself :D
What about old photos still circle around?
Great video! Thank you for your advice. If an aspiring musician takes marketing pictures with a musical instruments showing the brand, is that copyright infringement?
Using an instrument's brand logo can be a infringement of their copyright or trademark. When I do any shoot we unsure we have no visible logos on clothes, shoes etc. I'd be careful and think about this prior to shooting your future marketing pictures.
QUESTION i am a hobby photographer . so i dont copyright a lot of photos
so now and the i shoot competition photos. people say i should enter my photos into it
my question is if i get 4 or 5 photos should i register them encase i want to.
it seems like a lot of money for little photos i might not use
Whoa, I thought Patrick was older (the copyright info says 1982). Congrats on accomplishing so much already
Id love more info about how this would work in the UK, where I live.
Thanks for this very informative tutorial. With the new limit of 750 images in a group, I'm trying to limit the photos I register. When I photograph with my camera using bracketing, I end up w/ three of the same exact image but w/ slightly different exposures. Do I need to register each bracketed photo even though the composition is exactly the same?
I wouldn't register all the bracketed images. I'd just register the final image. If someone steals your image and alters it, it's still protected. I'm not exactly sure what would happen if you copyrighted say 10 photos from a single portrait session and then uploaded 100 and someone stole one of the non copyrighted images. That would be interesting to ask a lawyer.
Thanks a lot for the input.
Thank you very much for this. If you live outside of the US, can you copyright with the US Library of Congress? Would it make sense to do so while living outside of that jurisdiction once your home country has signed treaty with the US.
Great info! Thanks for taking the time to make this!
Thanks!
How about images of a painting you made? does it protect the painting or just the digital image?
@@PierreH1968 Whether you create a photograph, painting, drawing, or illustration, all of them can be registered with the US Copyright Office.
If you photograph a third-party painting, you do NOT have a copyright on that photograph. The painter has the right to control the copying of his/her works.
Hello thank you for that advices could you please tell me if I can register if I'm outside of USA ?
Yes, creatives living outside the US, including those who live in EU, UK, Canada, Australia, NZ, South America can *and are encouraged* to register their international images and creative works with the US Copyright Office.
This short law article explains why US copyright registration is *CRITICAL* for foreign creatives to protect, enforce, and pursue US-based copyright infringers. Just replace the word “corporation” with “artist, author, photograph, musician, etc.” to get the point: donahue.com/resources/publications/copyrights-registered-u-s/
Tnx man
something else I need to know, if there are two people involved in a project and want to form a joint copyright how would that go work?
Hello, does copyrighting digital images also insures physical prints?
are there similar ages in europe?
I know this is an old posting, but I didn't see this asked in previous comments.
Should one register unprocessed or processed photographs? Or does it matter?
What if I register an image, then sometime later go use it in a photoshop work, am I still protected, or do I need to register that photoshop piece?
There really is no difference between processed vs unprocessed images unless part of your work is your retouching as and treatment of image. Ultimately it is the content of the image that is most important. If you massively change the substance of an image with photoshop I'd copyright the updated image as well...but only in cases of drastically changing the image.
Hi, please disregard the previous question as I asked before watching the entire video and that makes sense because otherwise people could infringe on a piece of work during the processing time so it makes sense and my guess is you would just have to show receipts of the date of submission and theother important information regarding your submission. Thanks.
Awsome!! Regards form Portugal :)
Thanks. I have won 3 infringement cases in Portugal for the same image with 2 outstanding. Stay tuned.
How many images can you register in a batch?
How does this work for photographs of one's art? I do both, photography and I paint and draw.
Does this work for those outside of the US?
What size to you use of your image on your website to avoid copyright problems? I've heard a wide range from 600 x 600 pixels to 800 or 1000 pixels?
Shoshanah Shear wrote, “How many images can you register in a batch”
*Links to register your copyright claims with the US Copyright Office (USCO)* :
1) To register ONE un-/published creative work (“Single Application”) with one author who’s the same copyright claimant, that’s NOT a work-for-hire project, with no third-party creative media included (no Public Domain, no Creative Commons, no Licensed media), is $45 total fee: czcams.com/video/MkBiPQNDVBc/video.html
Otherwise, to register ONE work (“Standard Application”) with joint-authors and/or Creative Commons, Public Domain, and/or licensed media, and/or is part of a work-for-hire project, and/or registering a derivative work, the fee is $65: czcams.com/video/6gNkssUfYas/video.html
2) To register a “group” of up to TEN *UNpublished* creative works of the same medium type (like ten unpublished paintings) is $85 total fee (not $85 for each painting) (do NOT use this application to register multiple photographs - see below): czcams.com/video/eR14iSM4esQ/video.html
3) To register a group of *UNpublished* photographs (up to 750 photographs in one application), the total fee is $55 (not $55 for each photograph): czcams.com/video/xyMNIzkyAoQ/video.html
To register a group of *published* photographs (up to 750 photographs in one application), the total fee is $55 (not $55 for each photograph): czcams.com/video/vgEDW-RBSCY/video.html
Also, you’ll have to provide a photo title and file name for each photograph you’re registering; if registering published images, you’ll also have to provide its date of first-publication. The USCO provides applicants with a FREE downloadable UNpublished & published photo Excel *Title List Templates* :www.copyright.gov/registration/photographs/index.html
You can NOT mixed published and UNpublished photographs in the same copyright registration application.
“Publication” typically means the creative work has been released and made available to the public (client) for licensing, selling, sharing, or for further distribution (either for free or for payment). Otherwise, the work’s copyright status may be UNpublished: www.copyright.gov/circs/circ01.pdf
*This information and links are current as of August 24, 2020. However, the USCO’s copyright registration procedures and fees regularly change. Visit the **www.copyright.gov** for the most updated information* .
Is this applicable in anyway for Europe?
Hi Monte, if you have not copyrighted your image, and found that someone is using it, can you copyright from that moment and be protected?
Love this video, thank you,
Julia.
Julia Anthony wrote, “…if you have not copyrighted your image, and found that someone is using it, can you copyright from that moment and be protected?”
In the US and in other Berne international countries, once you create a photograph that includes some creativity, you’re granted an immediate and automatic copyright.
However, if you want to *enforce* your copyright claim against US-based infringers AND you want money damages for their unlicensed use, then you will typically need to *“register”* your copyright with the US Copyright Office. If your work was *“timely”* registered (either before the infringement began or registered within three-months of its first-publication date), you’re eligible to pursue enhanced statutory damages + attorney fees + legal costs (at the court’s discretion).
Without a timely *registered* copyright claim, it might be too expensive to pursue the US-based copyright infringer in federal court.
If you just want the infringer to remove your unlicensed images from a website, you can issue a FREE DMCA “Take-Down” Notice to the infringer’s ISP.
I’m surprised this hasn’t got more views
czcams.com/video/CZFwY-1-tac/video.html
Serious question...once I got on the trademark website I saw where you can trademark after publication. Do you recommend this and how can I do this if a year has lapsed since the content has gone public and used? I'm going through a legal issue now on image licensing conflict where they signed and agreed to my licensing terms, but the content has not been trademarked yet. Thanks for your help!!!
my bad...replace trademark above with copyright.
@raven6studios wrote, “once I got on the trademark *[copyright]* website I saw where you can trademark *[register]* after publication. Do you recommend this and how can I do this if a year has lapsed since the content has gone public and used?”
Photographers have the option to register their images as UN-published OR published, including years after the images have been licensed or posted on-line.
To retain the strongest photo copyrights, you must *“timely”* register your images either BEFORE the infringement starts OR registered WITHIN three-months of their first-publication dates. With a timely registration, you’re eligible for statutory damages from $750 to $30,000 and up to $150,000 for WILLFUL (intentional) copyright infringement AND recoupment of attorney fees AND legal costs (at the court’s discretion).
Even if you miss the window to timely register, you’re still *ENCOURAGED(!)* to IMMEDIATELY registered your photographs to be protect against future infringements.
*“Publication Definition”:* Publication typically means the photograph has been released and made available to the public for licensing, selling, sharing, downloading, or for further distribution (either for free or for payment). If you’re just “displaying” a photograph on-line (like on a website portfolio), then the work is likely un-published. Delivering images to clients or a stock library is likely publication.
*FYI: Fstopper’s copyright registration tutorial is six-years-old!* The USCO has updated some of its on-line registration application screens. Write back to receive official USCO photo registration tutorials & links.
I’ve posted lots of information on copyright registration per this video tutorial. Search for my handle *cnlicnli* in the comment and reply sections.
Thanks so much for your reply!!! I'm in the process of a legal issue and want to make sure everything is done right. Your video taught me I need to copyright all images before sending them to the client. Currently, I'm looking for legal representation if you have recommendations. @@cnlicnli
smart guy!
is this method for copyrighting only for photography? or also for illustrations?
Everything...we copyright our videos
thank you!
If I may ask you,an author, to answer my questions, please? 🤗
1- I see you used "Digimark" or just image search on Google..is that always worked?
2- do you outcolor you watermark/copyright(different colour/boldness) on image itself or just input in image settings?
3- How you do copyright for video? (if you do know)
4- If I may ask you ta share your letter to your lawyer and the company you are claiming from and use as an example?
5- what is a law regarding if someone taking a picture of me without my permission for commercial use or blogs/web/etc.?
6- If I take a picture of someone's property like house or company,will I be able still to register my image...or do I need to be on it to be able?
7- if I take an image of me holding CoCa Cola's product and try to register....will it be worth it? Or CoCa Cola company can seek to claim money if me?
8- is there any law regarding taking pictures of someone's being naked? Nude pics? Of course I mean adults...and may I ask what age states in a law as adult in USA?
9- when you do register,you file them image cropped to 400*400 pixels and any image they will assume as can be any size..they will definitely understand that it is not an original size and quality of image, right?
Wow! I am pretty excited about the online job I want to try!
Thank you a lot! God bless you and people around! 😇
Do you guys know if there is an equivalent to this for the UK?
I'm not sure. I wonder if you can just copyright it through the US. If you copyright through the US as an America, other countries uphold the same laws. We are in a lawsuit with someone in the Netherlands so I'll keep you posted on what happens there.
In the uk as soon as you take the picture it is copyrighted you don’t need to register it anywhere at all if someone has used your image you can send them the invoice it’s classed as artistic works so charge what you feel is appropriate for what it’s been used for etc and if they don’t pay then you can go down the court route I am currently doing this in the uk
Does this extend to pole to pole? INDIA ?
Thats true for all of the EU. I even wonder why it is such a pain in the Ass in the US? Something you can proof that you created it should be copyrighted right away without a government org. making money of the registration process...
The Traveling Photographer you done this before? I'm just wandering how much power you've got without documents like the US version. Can you let me know how it goes?
Will text editor on my phone be good enough? is that clearly a copyright?(text entered on the image with my name)… would like to start posting pics while waiting for the LOC to approve the copyright.
great question. Any text to show your image is copyrighted (including text editor on your phone) should be sufficient to establish willful infringement.
so is this just for photography or can I copyright a painting/sketching/drawing etc?
any work of art can be copyrighted. Paintings, sketches.....hell, if you graffiti a bathroom stall with a "work of art" it can be copyrighted. Names or slogans fall under trademark.
Shared!
Snared
Didn’t you used to have to send a physical copy of a photograph to the CO office ? Or did they get rid of that requirement
@CameronBrooks wrote, “Didn’t you used to have to send a physical copy of a photograph to the CO office ? Or did they get rid of that requirement”
You can still register photographic prints with the US Copyright Office. However, in general, they prefer receiving digital copies of photographs, especially if they are UN-published.
If you’re “group-registering” up to 750 photographs in a single $55 on-line copyright registration application, you MUST submit (upload) digital image files ONLY.
how can i disabling right-click on picture ?
Gold
Question 🙋🏿♂️ is it better to use your photography name or business name on copyrighting photos? Or is it better to use your real name on your metadata to copy right your work?
madant22 wrote, “…is it better to use your photography name or business name on copyrighting [registering] photos? Or is it better to use your real name on your metadata to copy right your work?
I use my real name to *register* my photographs (and also in the metadata) with the US Copyright Office. If you have a common name, perhaps include your middle initial.
If you use your business name, and your business files for bankruptcy or goes out-of-business (your photo copyrights belong to your company and NOT you), others can acquire your copyrights. Discuss this with your business and/or copyright attorney.
@@cnlicnli That sounds smart to copy right everything with your name because you never know what will happen with your own business. The name can change but your personal name won’t. You right.
I'd use your name as your may dissolve your business down the road....but you are most likely to never change your name unless running from the law!
hahaha
Does this extend from pole to pole? INDIA?
what if they post it with the watermark?
*WATERMARKS:* If you choose NOT to timely register (PROTECT!) your photographs with the US Copyright Office (USCO), then, at the very least affix them with a cool-looking watermark (logo), your copyright attribution with URL and/or social media handle, robust metadata, licensing information, and/or other *“Copyright Management Information” (CMI),* part of copyrights’ DMCA.
CMI *identifies & reinforces* your creative rights + copyright ownership claims. CMI can be subtle & translucent and positioned in the corner of a photograph or artwork; it just needs to be readable to the average person to be legally effective.
*CMI Violation”:* US-based copyright infringers, who *knowingly/intentionally remove, cover-up, or change CMI* with AI, apps, Adobe Photoshop, or any editing software to hide their copyright infringements or induce others to infringe, can be liable for your actual money damages and lost profits OR $2,500 to $25,000 in statutory damages PLUS your attorney fees & legal costs (at the court’s discretion). A timely registered copyright claim is NOT required to pursue CMI violators (see 17 USC §§ 1202-1203 -- part of copyright’s DMCA).
Copyright attorney, Andrew D. Epstein, writes, *“We recommend always attaching a watermark or other copyright management information [CMI] to all works that you distribute. Although you do not need to have a copyright registration to recover under the DMCA [CMI], we always recommend [timely] registering your photographs with the Copyright Office to be able to qualify for maximum awards for copyright infringement ($750 to $150,000 per infringement, plus costs and attorney’s fees).”*
*“Willful Copyright Infringement:”* Intentionally removing or modifying CMI can suggest WILLFUL copyright infringement to a federal judge. If the photograph was timely registered, the infringer can face two causes of action: 1) Copyright infringement (up to $150K); and 2) CMI violation (up to $25K) = up to $175,000 in statutory damages + attorney/legal fees (at the court’s discretion).
So, if you choose NOT to “timely” register your photographs with the USCO, at the very least, affix them with CMI to give your copyright attorney some chance to pursue money damages against US infringers/DMCA violators.
*“Timely”* copyright registration typically means the photograph was registered either BEFORE the infringement began or no later than THREE-MONTHS of its first-date of publication (that’s usually the first-day it’s offered or listed for sale, licensed, shared, or made available for further distribution to the public). Delivering your images to clients or a stock library can be a publication. If you’re JUST “displaying” your photographs on a portfolio site or in an art gallery + you’re NOT selling them (no price tags - you’re just showing-off your photography/art skills), then that can suggest the photographs are un-published.
How do I protect my photographs & video from being used on websites, television, or sold to others.
I have competitors hire me then represent my work as their work and place my images onto websites and possibly sell them to others.
Here's where it gets complicated -- I'm a licensed Private Investigator that captures photographic evidence for my clients and I've seen my work on websites my client doesn't own.
Do I own the rights to surveillance photography and video ?
Can I copyright news worthy surveillance photography ?
Mark Larson wrote, “Do I own the rights to surveillance photography and video ?”
What does your surveillance *written* contract state? Does it specifically provide you solely and exclusively the copyright to your imagery, and your client is only receiving a limited (non-transferable) license? Does your contract permit the client to share (or transfer) some or all of the rights you granted them? Or are you working under a work-for-hire contract (or copyright transfer agreement) where your client owns the entire copyrights (the works would then not belong to you, and thus you don’t own their copyrights)?
If you’re actually doing the still photography and video recording and your agreement grants you its entire copyright, then you likely own their corresponding copyrights.
Mark Larson wrote, “How do I protect my photographs & video from being used on websites, television, or sold to others.”
If you actually own the copyrights to your works, then you should “timely” (immediately) register them with the US Copyright Office (USCO) to *enforce your copyright against unlicensed users* (infringers). *Search my other posting in this thread for additional information* . Also, here are links on how to register your photo and video copyright claims:
1) To register ONE un-/published creative work (“Single Application”) with one author who’s the same copyright claimant, that’s NOT a work-for-hire project, with no third-party creative media included (no Public Domain, no Creative Commons, no Licensed media), is $45 total fee: czcams.com/video/MkBiPQNDVBc/video.html
Otherwise, to register ONE work (“Standard Application”) with joint-authors and/or Creative Commons, Public Domain, and/or licensed media, and/or is part of a work-for-hire project, and/or registering a derivative work, the fee is $65: czcams.com/video/6gNkssUfYas/video.html
2) To register a “group” of up to TEN *UNpublished* creative works of the same medium type (like ten unpublished films/videos) is $85 total fee (not $85 for each painting) (do NOT use this application to register multiple photographs - see below): czcams.com/video/eR14iSM4esQ/video.html
3) To register a group of *UNpublished* photographs (up to 750 photographs in one application), the total fee is $55 (not $55 for each photograph): czcams.com/video/xyMNIzkyAoQ/video.html
To register a group of *published* photographs (up to 750 photographs in one application), the total fee is $55 (not $55 for each photograph): czcams.com/video/vgEDW-RBSCY/video.html
Also, you’ll have to provide a photo title and file name for each photograph you’re registering; if registering published images, you’ll also have to provide its date of first-publication. The USCO provides applicants with a FREE downloadable UNpublished & published photo Excel *Title List Templates* :www.copyright.gov/registration/photographs/index.html
You can NOT mixed published and UNpublished photographs in the same copyright registration application.
“Publication” typically means the creative work has been released and made available to the public (client) for licensing, selling, sharing, or for further distribution (either for free or for payment). Otherwise, the work’s copyright status may be UNpublished: www.copyright.gov/circs/circ01.pdf
It may be prudent NOT to reach out to a copyright infringer; instead, contact a copyright attorney litigator for legal assistance.
Don’t trust social media for legal advice! *And I’m NOT an attorney!*
Hi there! 🤗If you already had response on your query? Please share with me if did! Interested in same 😇
This is invaluable information. I have a few air tight cases that need legal representation. By chance would you be willing to share your lawyer's information?
Hi Monte Ism,
Awesome tutorial thanks for sharing this information.
How do you get the prices you've charged for? (i.g. the 25,000 you asked for the Portuguese fan..)
I establish pricing based on examples given of licensing that brands have paid me for usage of images with invoices that have been paid.
Awesome.. Thanks Mont Isom,
Can I do this from foreign countries that have an agreement of this sort with the usa?
Yep!
in EU you don't even need this. Your picture is yours, If you can prove this, you are good to go. I already did this.
@@schiestandtech266 You do not need to have your images registered in EU? So if I understand correctly in EU you are protected without any registration as he talks about in the video?
So can you register the photo AFTER you find out someone else is using it and still have the same effect? Or does the work need to be registered before the photo is found to be used illegally?
Probably, if you had at least marked your image with all data in settings,then I believe you could actually quick to try to register this image..so the other guy/company doesn't do the same...
Patrick McCandless wrote, “So can you register the photo AFTER you find out someone else is using it and still have the same effect? Or does the work need to be registered before the photo is found to be used illegally?”
If your photographs are *“timely”* registered with the US Copyright Office, either BEFORE the infringement began OR registered WITHIN three-months of their first-date of publication, you can pursue statutory damages (from $750 to $30,000 and up to $150,000 for *WILLFUL* copyright infringement) and attorney fees against the infringer (post trial) (at the court’s discretion).
Having a timely registered copyright claim in-hand can provide your copyright attorney litigator with the necessary *LEVERAGE* to push the infringer to settle out of court. If the infringer chooses not to settle, and the matter proceeds to trial where you prevail, the infringer would now be liable for the above statutory damages AND your attorney fees.
To mitigate their financial exposure risks, most all copyright infringers who are facing a timely registered copyright claim and whose use does not fall within the scope of Fair Use will want to confidentially settle out of court and put their infringing actions behind them. In fact, something like 98% or more of all copyright infringement disputes settle out of court. Because the cost to litigate can be exorbitant, it’s rare to see a copyright infringement be adjudicated to trial.
If you miss either of those two time-sensitive windows to register, you can ONLY pursue “actual damages,” typically the missed licensing fee (usually LOW fees), and disgorgement of profits the infringer made (if any!). Importantly, you’re responsible for your attorney fees and other costs. Any money damages you receive from an out of court settlement or via trial will most likely NOT cover your attorney fees, making it, too often, UNECONOMICAL to pursue US-based infringers without having a timely registered copyright in-hand.
According to an American Intellectual Property Law Association report (2019 Report of the Economic Survey, at I-208, 2019, www.aipla.org/.../2019-report-of-the-economic-survey), the average cost to litigate a copyright infringement action is $397,000 (I believe that’s from trial to appeal). So, unless your wealthy, you’d better have timely registered your copyright claims to have a chance to pursue money damages against US-based infringers.
Joshua Kaufman, a Washington, DC copyright attorney, sums up copyright registration in the first 20-seconds of his CZcams video. He also addresses the economics of NOT timely registering your designs: czcams.com/video/cBOKkrleY3Y/video.html
*Copyright Small Claims Court:* This summer 2022, the *“small-claims”* copyright court/tribunal (aka the *“Copyright Claims Board”/CCB;* located inside the US Copyright Office) is scheduled to be operational. The CCB will permit copyright owners to pursue low-dollar copyright infringers (up to $30,000) without a lawyer present, for a $100 filing fee: ccb.gov/about/
Unfortunately, copyright infringers can OPT-OUT from CCB proceedings. Ultimately, your infringed photo copyrights may not be enforceable for money damages in either the CCB or federal court proceedings without having a timely copyright registration in-hand.
Must be registered prior to infringement or 90 days after publication of the offense to be eligible for statuatory damages.
this is very informative... the only thing is the following... how do you know that your image is being used by someone else? I mean there are billions of pictures being constantly shared so you have to be incredibly lucky to come across your pic being used somewhere else
hahahaha should have waited as you are giving this information
Is that for people in your country or can be world wide ?
World wide. You can go to the US Copyright website and see all the treaties and accords that show other countries who uphold US copyright laws. It's pretty much most of the world.
I replied to V1 Aviation on same topic with info regarding the international recognition of copyright by all countries that have a treaty with the US (includes most countries in the world and outlined in Circular 38a) www.copyright.gov/circs/circ38a.pdf Check to see if the country you reside or work in is included
Someone took a webcam photo of me and posted it to a site can I still do this to get it removed even if they havent made any money from it?
Not sure on that. I'm not sure who owns the copyright on a webcam photo since who was the person who actually "clicked the shutter?" If you took it yourself you could try to copyright it and then give them a cease and desist. -P
I have a question that wasn't discussed. What about copywriting a work after the fact? What I mean is will copyrighting a photo to the library of congress after the infringement discovery be as effective?
To be afforded full protection of registration is needs to happen before infringement or within 90 days of first publication of image. It does not hurt to register image after an infringement is discovered but it does not provide you with legal benefits of registration prior to infringement.
@@monteisom Works have to be registered before the infringement begins or within three-months (NOT 90-days!) of first-publication. February (non-leap year) has 28-days, March has 31-days, and April has 30-days = 89 days! The copyright statute specifically states "three-months." See 17 USC § 412 (2) (Registration as prerequisite to certain remedies for infringement).
Is anyone know if you are a citizen of a foreign country (not USA) and copyright infringements happens in the 3rd country, then in what country you can/should go to law?
The country that the infringement happens is where you will need to pursue any legal action
Thank you for the reply!
But I found some issues to figure out what country actually it is.
Should it be the country where the company is registered (not everyone has this information on their website) or the country of web hosting, or the country of domain zone / domain registrar?
What to do if we are non us citizens ?
Can I be from another country and signed up on this USA site?
Yes, creatives living outside the US, including those who live in EU, UK, Canada, Australia, NZ, South America can and are encouraged to register their international images and creative works with the US Copyright Office.
This short law article explains why US copyright registration is *CRITICAL* for foreign creatives to protect, enforce, and pursue US-based copyright infringers. Just replace the word “corporation” with “artist, author, photograph, musician, etc.” to get the point: donahue.com/resources/publications/copyrights-registered-u-s/
how would you do a google search if you have THOUSANDS of pictures to search for?
the problem I see is there are so many websites and places they can use it that I will never know about. Finding my images being used would be hard to find if in print, web, etc. How to find my images online or in the real world can be difficult.
If I get it right from video then you need to digimarc it...or probably like he did,put in image settings all the information....I believe this is the way to find that unique mark on your image...if someone took it ,they might have deleted yours and input their details...like in his case ""dusch fan""
from what fstoppers Tutorial is that from
Making Real Money: the business of comercial photography with Monte Isom
what happens if you leave the company? who do the copyrights belong to you or Fstoppers?
We have contracts in place if Lee or I leave or dissolve the company
sounds like a solid marriage. thanks for the reply and keep up the good content.
I have not been able to find the answer to this, but I believe it takes a period of time before your submission is legally registered, and not on the day it was stamped and or registered in terms of payment? What I mean is I will be going to the Olympics next summer and if my understanding is correct, when I submit say 10 images for copyright and I pay, are they officially copyrighted when the group at the US department of Congress finally get to those images process them and register them which could be months later or are they registered as soon as I made payment and hit submit on their website? The reason I asked is because if the processing time takes weeks or months And I share or post an image from an Olympic gold medal match, which is then illegally used by many platforms days or weeks after how does one remain protected if the copyright process takes time even though they submitted it weeks or months earlier. I hope all that makes sense. My guess would be the image is immediately registered as soon as you submit payment, including all the proper documents populated correctly?
@beatmixer0097 wrote, “My guess would be the image is immediately registered as soon as you submit payment, including all the proper documents populated correctly?”
That’s correct. Once the US Copyright Office (USCO) has *“RECEIVED”* your correctly filled out on-line copyright registration application + filing fee + your uploaded deposit/s (copies of works you’re registering), and assuming there are no errors on your part, your photograph/s (creative works) are OFFICIALLY “registered” THAT very day (Washington, DC day/time), even though it may take a few weeks or a couple of months to process and clear your application. If your work qualifies for copyright registration, your copyright *Certificate of Registration,* that the USCO will mail you, will include the “effective date of registration” (the day the USCO received your completed application and deposit).
Most all photographs, including selfies, are copyrightable - you just can’t photograph a third-party painting or photograph to make a copyright claim.
About 30-minutes after filing/completing your on-line registration, the USCO will send you two or three emails acknowledging your copyright registration application, filing fee payment, and uploaded deposit/s. That’s when your work has been “officially registered,” pending examination of your work by the USCO. Save/Store those emails, your Certificate, copies of your registered photographs, and other USCO communication with your important papers!
If you’re registering UN-published photographs say on a Monday, do NOT “publish” them on that VERY Monday - wait two full-days before you release, list, sell, license, share, or further distribute your images. If you’re registering PUBLISHED photographs, they can be immediately exploited (licensed, shared, etc.) that very day.
FYI: To save money on registration filing fees, and instead of registering one photograph at a time, photographers can *“group-register* from two to 750 published or UN-published photographs in one $55 on-line copyright registration application. However, you can NOT mix published and UN-published photographs in the same $55 application. As well, you can only register published photographs within one calendar year: For example, you could register up to 750 published photographs from 2014; if you had more than 750 images, you could register the remaining 2014 published photographs in one or more separate $55 applications. There is no year restriction when registering UN-published photographs.
In preparing a group-registration of photographs, you have to list the title and file name of each photograph you’re registering in a USCO Excel Title List (if the work is published, you also have to list its month & year of first-publication). Creating these titles is not difficult, just tedious, especially if you’re registering hundreds of images.
Last year, I register 255 UN-published photographs and received my Certificate in about 70-days.
I’m posting information on why you should affix a *watermark* and other copyright identification to your posted photographs. Search the comment section for my handle *cnlicnli* to read it.
Sounds good in theory.
But in reality, copyright didn't stop Canon Italy from using Elias image...
That really is a crazy story and I'm curious to see what happens. On one hand, Canon probably hired someone to run their social media and that person bought or used a free stock image that was infringing on Elia's image from the photographer who uploaded it. It's def not a simple cut and dry case but who knows what will happen. The image is copyrighted and I believe Elia is talking with lawyers on what can be done to rectify the situation. We will keep you posted
Even if they hired someone to do their fb/insta page, it would be common sense to take down something that has so many negative comments under it.
Would love to hear the end of the story, when it happens!
I just now saw this video now I have a TON more questions 😂. It looks like you can only do 750 for $65 now. Also, there’s a separate thing listed as “Registration for a database that predominantly consists of photographs and updates thereto” for $250… haven’t tried to file yet but will update when I do
Yes, the only thing we can count on in life is change. The Library of Congress has changed their fee structure. I think it's time to make some updated videos...even though 95% still applies expect the fee structure and limit of images registered per submission. Thanks for paying attention. :)
seriously though, whats up with the dell XPS all in one desktop with apple keyboard and mouse? savage
I think it's just a Dell monitor with a Mac Book off to the side. We tried to use the new macbook but with all the dongles it wouldn't work well with a mouse, external monitor, and video capturing device. We had to use our old 2015 macbook pro to get everything to work.
haha ok makes me feel a little better about it. That monitor looks like it could be an all in one
great advice. It's so easy to have images stolen, interesting to go after a business who steals them.