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DPChallenge Forums >> Business of Photography >> When safe post after copyright submission sent
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06/26/2013 09:55:03 PM · #1
If I posted 4 of the poses on Smugmug, then made it unlisted-passworded-private, the next day after 85 views, are these considered "Published" when I go to get them copyrighted at ECO ( Library of Congress's Electronic Copyright Office ).

One Q, that's been really on my mind: If I uploaded a batch to the Copyright Office, do I have to wait 30 days before posting them in places like SmugMug, DpChallenge, or Facebook? It takes 30 days before I get my Certificate mailed back.
06/26/2013 10:51:37 PM · #2
i thought you could apply for copyright at any time?
06/26/2013 10:57:00 PM · #3
They are copyrighted and have (limited) protection from the moment of creation.

I believe as long as you have submitted your registration prior to any infringement you will gain the full benefit of the statute's features (larger fines, legal fees, etc.) -- I don't think they have to have processed your registration package (and fees), just received them.

I could be wrong about that though. The information should be available at the US Copyright Office -- all the forms and instructions should available as PDF files.
06/26/2013 11:02:40 PM · #4
Yes you can, but before "Publishing" or "Posting" is Faster, Easier, and way less expensive since large batches can be sent.

From what I understand there are 2 categories, Published and Un-Published. If it has been posted anywhere on a website it is considered Published.

1) The difference, Un-Published, upload as many as you can in the allotted upload time, 3000 pics if you like taken on an assortment of dates. Then it is one flat fee, used to be $35

2) If it has been "published", even posted on any website, you pay by the Photo Session Date, at $35 Per-Date.

A huge price difference. If you have a copyright certificate, and some business uses it, you can get your fee paid, with just a letter from a law firm.
06/26/2013 11:11:56 PM · #5
Originally posted by GeneralE:

They are copyrighted and have (limited) protection from the moment of creation.

I believe as long as you have submitted your registration prior to any infringement you will gain the full benefit of the statute's features (larger fines, legal fees, etc.) -- I don't think they have to have processed your registration package (and fees), just received them.

I could be wrong about that though. The information should be available at the US Copyright Office -- all the forms and instructions should available as PDF files.


Thanks!
I believe you are correct, since you do get a "Receipt" for when it was submitted. Then it's just a matter of their processing to catch up. So in the mean time of about 30 days if there is an infringement, your submission dates count. I do recall hearing something like that somewhere.

I will reread the info at the ECO website, but sometimes it may not be clear.
Any expert on my 1st question out there?
06/26/2013 11:13:00 PM · #6
send them all at once, i doubt they bother checking.

Message edited by author 2013-06-26 23:14:08.
06/26/2013 11:24:36 PM · #7
I'll probably do that. Maybe they'll return 3 out of 40 for that group. Maybe not. Google may do the search for them. Someone showed me recently how you can search all over the internet with Google to see if you photo has been used anywhere. I can post that tomorrow if interested. Closing my shutter for now.
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