New Copyright Rules For Published Photographs Simplify Registration

Art Business News, Oct, 2001 by Joshua Kaufman

Registering copyright is critical for artists, gallery owners and publishers who intend to protect their rights against infringers. And now, the copyright office has released a new rule making it easier and more cost effective to register published photographs.

Today, unpublished works, meaning works which have not been published in any way (i.e. a book, as posters, greeting cards, magazine, calendars, etc.), can be registered as an "Unpublished Collection" on one application for a $30 fee. In the past, however, once a work was published, it had to be individually registered. This requirement of individual registration for published works effectively stopped most photographers in their tracks, and as a result, most published photographs were not registered.

The Copyright Office's new regulations allow the registration of an unlimited number of published works on one application with one $30 fee. The requirements for this new policy are:

* The published works must be by the same photographer and are limited to the works published in a calendar year. The specific date of publication for each work must be identified.

* The Copyright Office will accept photographs submitted on CD-ROMs, DVDs, unmounted prints, contact sheets, slides, clippings, photo copies or videotape.

* Digital images are accepted in JPEG, GIF, TIFF and PCP formats. The Copyright Office has stated that as other file formats come into common use, they will add them to the acceptable lists.

* If the exact date of publication is unknown, designating a range of dates of publications for all the photographs in that group is acceptable. However, the works must have been published within three months of the filing date. Works made for hire may also benefit by group registrations. The employer, who is deemed the author of the work, is limited to registering a single photographer's work in any group's registration. Therefore, if a studio has a number of photographers as employees, it must file separate group registrations for each of its photographers. Also, with work-for-hires, even through the employer is deemed the owner, it must identify the actual photographer in the application, e.g. "XYZ Corporation, employer for hire of John Doe".

There are several reasons copyright registration is important. But most importantly, it is a prerequisite for filing a law suit--you cannot go into court and seek any relief until you file a copyright registration. Registration is possible at at any time, but expediting the process involves a $500 charge. The most important benefits from copyright registration are only available if the work has already been registered at the time of infringement. Then the copyright holder is entitled to statutory damages up to $150,000 per infringement and legal fee reimbursement.

The forms and instructions for registering photographs for copyright can be download from the Copyright Office's Web site (www.loc.gov/copyright.)

Joshua Kaufman is a partner in the law firm of Venable, Baetjer, Civiletti & Howard, LLP based in Washington D.C. He can be reached by phone at (202) 216-8538 or via-e-mail at jjkaufman@venable.com.