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Author Topic: Registering Copyright Of images Created Out Of The USA  (Read 4109 times)
Brent Daniels
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« on: November 24, 2010, 02:30:56 AM »
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Hello

I am looking for information to if it is possible to register the copyright in the USA of 2 images that were created for an advertising agency in Australia.
I own / retained the copyright of the images in question.

Any information would be appreciated.

Thank you
Brent Daniels
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Gary Brown
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« Reply #1 on: November 24, 2010, 06:30:42 AM »
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I might be misinterpreting your question, but it sounds like you're asking whether an Australian copyright would be enforceable in the U.S. or if you instead need to register in each country where you want copyright protection. The U.S. copyright office's Circular 38a, International Copyright Relations of the United States covers that topic.

(The answer, in general, is that there are treaties under which most countries agree to recognize other countries' copyrights.)
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BartvanderWolf
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« Reply #2 on: November 24, 2010, 07:04:49 AM »
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I might be misinterpreting your question, but it sounds like you're asking whether an Australian copyright would be enforceable in the U.S. or if you instead need to register in each country where you want copyright protection. The U.S. copyright office's Circular 38a, International Copyright Relations of the United States covers that topic.

(The answer, in general, is that there are treaties under which most countries agree to recognize other countries' copyrights.)

Copyright (on intellectual property) is not geography related but person related. Some countries make it easier to enforce your rights, by first registering "the work". That latter distinction is silly in my view, one either has rights or one doesn't, so the ammount of compensation for violation of that right should not depend on depositing 'proof' to a government organisation. Any proof should do, as it does in many other countries.

The "treaties" are just almost universially accepted rules of conduct (e.g. Berne convention) which countries endorse, they then become signatories. Some countries can impose stricter rules, to which they adhere themselves, but they don't have a bearing on other countries' jurisdictions.

Cheers,
Bart
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Brent Daniels
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« Reply #3 on: November 25, 2010, 06:20:25 AM »
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The reason I am looking into if I can register the images with the USA Copyright Office is that I have reason to worry that a USA agency and their client may infringe the copyright of my images in numerous countries. By registering the images, which I have found I can, prior to the infringement allows me to take action in the USA where statutory damages and 100% legal fees are awarded for a blatant infringement by experienced parties such as multinational
agencies & worldwide clients.

Statutory damages and 100% legal fees are only available if the image is registered prior publication or if previously published the registered prior to any future infringement. Without a registered copyright most lawyers will not take the case on unless you personally have deep pockets to cover the legal fees.

One cannot really stop them from stealing but you can get well prepared to deal with then if required.
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Don Libby
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« Reply #4 on: November 25, 2010, 08:42:37 AM »
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I've never been asked where I took the image while registering my work with the copyright office.  Hope that helps

Don
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BartvanderWolf
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« Reply #5 on: November 25, 2010, 09:23:17 AM »
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Statutory damages and 100% legal fees are only available if the image is registered prior publication or if previously published the registered prior to any future infringement. Without a registered copyright most lawyers will not take the case on unless you personally have deep pockets to cover the legal fees.

Hi Brent,

That's how it actually is in the USA, but it still looks more like a rip off than justice. Either one's rights are infinged upon, or they are not. I can understand that it makes proving ownership a bit easier, and thus even more cost effective for a lawyer, but there are other way of proving ownership. But such is the situation in the USA, it all revolves around money (much of which for the lawyers to protect from other lawyers).

Cheers,
Bart
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Brent Daniels
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« Reply #6 on: November 25, 2010, 02:12:18 PM »
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The USA if copyright is registered system is the best in the world. A dream compared to here in Australia. Here one owns the copyright upon creation and there is no registration system. However if one has to take legal action for copyright infringement the best one can hope for would be the fee due if licensed properly and maybe 50% of legal costs if lucky. There is no statutory  / punitive damages so there is no disincentive to infringing actions.  

The big professional clients know this and many will try to take full advantage of it. To them it is just business dollars & cents.














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Brent Daniels
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« Reply #7 on: November 27, 2010, 05:58:04 AM »
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Does anyone know if there are any professional USA copyright registering services operating in the USA?

Also does anyone know any professional advertising photographer working out of Turkey or China?

Thank you
Brent Daniels
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JohnKoerner
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« Reply #8 on: November 27, 2010, 12:31:04 PM »
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Does anyone know if there are any professional USA copyright registering services operating in the USA?
Also does anyone know any professional advertising photographer working out of Turkey or China?
Thank you
Brent Daniels


Go to the US Copyright Office directly: http://www.copyright.gov

Download the forms that are directly applicable to your work.

Fill out and sign the forms.

Send them (along with the appropriate fee) to the copyright office.

And then wait 1-2 years to get your Copyright Registration

Jack



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JoeKitchen
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« Reply #9 on: November 27, 2010, 08:13:04 PM »
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The online registration process is a little faster, maybe three months to get your certificate (if you live in the U. S.).  I look at it as a great way to judge when you need to start playing the rights violation card.  If the client has not paid you by the time the certificate gets to you, a nice letter with a copy of the certificate can be a great motivator. 
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Joe Kitchen
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KevinA
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« Reply #10 on: December 21, 2010, 06:25:24 AM »
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What would stop someone from stealing images and registering them with the USA government? If having it registered is proof of ownership someone could register my images and sue me for using them. Trust the USA to come up with this pointless scheme.

Kevin.
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Kevin.
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« Reply #11 on: December 21, 2010, 02:42:19 PM »
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Thanks for the well thought out comment. 

Do you make available your raw files or the high res tiff files.  I think that fact that only you can provide those files would be good enough to prove that they are yours.  Not to mention that Copyright is here to protect your rights, which means you should get them registered as soon as they are finished.  Work the cost of registering them into the quote. 
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Joe Kitchen
www.josephmkitchen.com

"Photography is one percent inspiration and ninety-nine percent moving furniture."  Arnold Newman
“Don't bother just to be better than your contemporaries or predecessors. Try to be better than yourself.”  William Faulkner
eronald
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« Reply #12 on: December 22, 2010, 02:59:10 AM »
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What would stop someone from stealing images and registering them with the USA government? If having it registered is proof of ownership someone could register my images and sue me for using them. Trust the USA to come up with this pointless scheme.

Kevin.

Hey, you just discovered that property is theft Smiley

However, in all fairness, this idea of yours does not apply especially to US citizens.

Edmund
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fredjeang
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« Reply #13 on: December 22, 2010, 01:42:15 PM »
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The issue comes from third-party country.
The US have the best system but when it reaches our country it has to pass through the local justice (des)organisation.

We are in the Library of Congress, that would do the job fast and then transfer to the local justice. The local justice would just not work like in the US.

Try to demand in China for example... or in Spain!
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Rob C
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« Reply #14 on: December 24, 2010, 02:42:34 PM »
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The issue comes from third-party country.
The US have the best system but when it reaches our country it has to pass through the local justice (des)organisation.

We are in the Library of Congress, that would do the job fast and then transfer to the local justice. The local justice would just not work like in the US.

Try to demand in China for example... or in Spain!


Here on the islands, they'd suddenly tell you that you are speaking the wrong variety of Spanish; I think it's a trick they learned from the Scots and the Welsh.

Rob C
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