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Poll

 Do you register copyrights for your work?

Yes, I register my work
2 (3.8%)
No, but I plan to
9 (17%)
No, I don't and don't plan to
42 (79.2%)

Total Members Voted: 45

Author Topic: Poll: Copyright Registration  (Read 5606 times)

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PaulieWalnuts

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« on: October 23, 2010, 08:11 »
0
Copyright and infringement seems to be a hot topic lately.  

Do you register copyrights for your work?

ETA: If no, why?
« Last Edit: October 23, 2010, 09:27 by PaulieWalnuts »


PaulieWalnuts

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« Reply #1 on: October 23, 2010, 09:27 »
0
Wow, 11 votes so far and no Yes's.

bittersweet

« Reply #2 on: October 23, 2010, 09:31 »
0
Wow, 11 votes so far and no Yes's.

Because the law does not require registration in order to be enforceable. The only thing that registration *may* impact is the amount awarded in damages during any kind of legal settlement. Since the likelihood of that happening in microstock is pretty much slim to none, I'm guessing few probably are willing to go to the added expense of formal registration.

« Reply #3 on: October 23, 2010, 09:53 »
0
I voted yes as my previous experience shows that IP lawyers feel a lot more confident to succeed in case of litigation if the claim goes to court.

For out of court settlements it may not be really necessary. It's just another piece in the puzzle that protects my rights.

PaulieWalnuts

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« Reply #4 on: October 23, 2010, 09:58 »
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Wow, 11 votes so far and no Yes's.
Because the law does not require registration in order to be enforceable. The only thing that registration *may* impact is the amount awarded in damages during any kind of legal settlement. Since the likelihood of that happening in microstock is pretty much slim to none, I'm guessing few probably are willing to go to the added expense of formal registration.

It doesn't require registration to be enforceable but without registration who is going to pursue an infringement when you most likely will lose money in legal fees?

It's my understanding that the extra amount awarded from registration will actually give you a reason pursue and be awarded reasonable damages. And the more word gets around that the average person or company can be hit in the wallet the less infringers there will be.

« Reply #5 on: October 23, 2010, 10:30 »
0
It's my understanding that the extra amount awarded from registration will actually give you a reason pursue and be awarded reasonable damages.
Might or may not - depends on the individual case.
Quote
And the more word gets around that the average person or company can be hit in the wallet the less infringers there will be.
I doubt that.
...Since the likelihood of that happening in microstock is pretty much slim to none, I'm guessing few probably are willing to go to the added expense of formal registration.

Added expense? I registered my first 1500 images for $35. Any amount of images can be registered for $35 (if they price hasn't gone up in the meantime).

« Reply #6 on: October 23, 2010, 11:23 »
0
I don't, but I wonder if it's worth.

I don't know how to do this here in Brazil, to begin with.

In the USA, I know we can send a CD somewhere, it is however a more limited protection than copyrighting each image.

But how will that help me? Only in the USA? Will other countries accept this? I suppose those who signed the TRIPS agreement would. But then, living in Brazil, how would I sue someone abroad?

If we can prove having been the creator of an image, we are already protected, as I understand.  Copyrighting only gives you an extra layer, something that speeds the legal battles. Am I wrong?

WarrenPrice

« Reply #7 on: October 23, 2010, 11:56 »
0
There is a difference between "Published" and "Unpublished" work.  I'm no copyright lawyer but am sure that I read that somewhere.  I know that much of my sports photography was registered by the publications in which they first appeared. 

Not sure this is a valid response to the op question?

bittersweet

« Reply #8 on: October 23, 2010, 12:05 »
0

Added expense? I registered my first 1500 images for $35. Any amount of images can be registered for $35 (if they price hasn't gone up in the meantime).

Yes, it's a nominal fee to register a completed collection. But as an illustrator who is not churning out generic icon sets, would you recommend that I register each one individually as they are completed?

bittersweet

« Reply #9 on: October 23, 2010, 12:34 »
0
There is a difference between "Published" and "Unpublished" work.  I'm no copyright lawyer but am sure that I read that somewhere.  I know that much of my sports photography was registered by the publications in which they first appeared. 

Not sure this is a valid response to the op question?


Here's a very informative presentation that may clear up some confusion:
http://www.pacaoffice.org/copyrightPresentation.shtml

« Reply #10 on: October 23, 2010, 23:02 »
0

Added expense? I registered my first 1500 images for $35. Any amount of images can be registered for $35 (if they price hasn't gone up in the meantime).

Yes, it's a nominal fee to register a completed collection. But as an illustrator who is not churning out generic icon sets, would you recommend that I register each one individually as they are completed?

As a response that makes most sense I'd recommend to collect a number of finished illustrations without publishing them first. Once you have a set of 10,20 or 50 register them and then upload them. Sure it doesn't make sense to register every illustration individually - for microstock that is.

« Reply #11 on: October 24, 2010, 01:23 »
0
I don't because I'm not a US citizen.

This is a perfect example of where the US decides that its procedure is better than the relevant international convention and its put in place a system that works to the detriment of artists both locally and internationally. They signed up to the Berne convention, and its about time they applied the spirit as well as the letter of that convention.

The idea that you can or should register every piece of creative work with the government is a bureaucrat's wet dream. In the digital age its even more of a joke.

RT


« Reply #12 on: October 24, 2010, 02:18 »
0
I don't because I'm not a US citizen.

Same here

The US might like to think they alter international law but fortunately for the rest of us they don't.

ShadySue

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« Reply #13 on: October 24, 2010, 12:46 »
0
^^ Thanks. I don't even know if you can 'register' them in the UK: they're copyright the moment you take them.
I did, however, read a series in Photoshop world a couple of years back which suggested - with real life examples - why it's very much worth your while registering them.
Ah, the Land of the Litigious.
« Last Edit: October 25, 2010, 02:10 by ShadySue »

« Reply #14 on: October 24, 2010, 16:47 »
0
^^ Thanks. I don't even know if you can 'register' them in the UK: they're copyright the moment you take them.

As I understand, if you register it helps in any legal issue, because you have a proof it is copyrighted.  According to that PACA presentation, it also means more money in a law suit (if I understood it correctly).  I know a photographer who copyrights his images and he won a US$20k case due to that, but then I don't know how much he could have won if he had not registered.

But then, again, as I don't live in the USA and it is unlikely that I will ever sue someone for using an image of mine, it doesn't make much sense to register them. 


 

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