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12/12/2007 03:52:41 AM · #1 |
Found this while researching how to apply for copyright on my photos. I have been selling photos for about a year and a half. Would they really try to make me pay for not registering my published works?
"Mandatory Deposit for Works Published in the United States
Although a copyright registration is not required, the 1976 Copyright Act establishes a mandatory deposit requirement for works published in the United States. In general, the owner of copyright or the owner of the exclusive right of publication in the work has a legal obligation to deposit in the Copyright Office within 3 months of publication in the United States two complete copies or phonorecords of the best edition. It is the responsibility of the owner of copyright or the owner of the right of first publication in the work to fulfill this mandatory deposit requirement. Failure to make the deposit can result in fines and other penalties but does not affect copyright protection."
From Here U.S. Copyright Office
On a side note...Are shutterstock,dreamstime, or istockphoto located in the US? And if not would that still be considered published in the US or published in the origin of the foreign company? |
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12/13/2007 01:50:52 AM · #2 |
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12/13/2007 11:24:32 AM · #3 |
The article has some interesting information.
Copyright Protection Is Automatic
Under the present copyright law, which became effective January 1, 1978, a work is automatically protected by copyright when it is created. A work is created when it is âfixedâ in a copy or phonorecord for the first time. Neither registration in the Copyright Office nor publication is required for copyright protection under the present law.
Publication is defined in the copyright law as âthe distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending.â
It just keeps talking in circles......
Exemptions from the Deposit Requirement
Because many deposits are not suitable for addition to the Library of Congress collections or for use in national library programs, the Copyright Office has issued regulations that exempt certain categories of works entirely from the mandatory deposit requirements.
serial titles not selected for the Libraryâs collections are completely exempted from the mandatory deposit requirements of section 407
Message edited by author 2007-12-13 11:45:26. |
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12/14/2007 08:58:24 AM · #4 |
| Leave it to the US government to make things so convoluted you need a law degree and hours of study to figure out what they mean. |
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12/14/2007 09:10:58 AM · #5 |
Its also worth reading on in that section
Some categories of pictorial, graphic, and sculptural works are exempt from this requirement, and the obligation is reduced for other categories. The following works are exempt from the mandatory deposit requirement:
# Advertising material published in connection with articles of merchandise, works of authorship, or services
# Works first published as individual contributions to collective works (but not the collective work as a whole)
So advertising or editorial usage of photographs would be exempted by these two clauses as far as the photographer is concerned. The publisher might have to submit under the collective works clause for editorial publishing, but other than that, you shouldn't need to care.
If you publish a book of your photos, you are supposed to provide a copy or two to the library of congress. Its the same with any book you publish. It's actually quite nice - means at least someone other than you has a copy ;)
The few books I've published in other countries had similar rules about providing copies to libraries.
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12/15/2007 04:38:02 AM · #6 |
Originally posted by Gordon:
# Works first published as individual contributions to collective works (but not the collective work as a whole) |
So would my portfolio on microstock sites be considered a collective work that I continuously add individual contributions to? |
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