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The first thing a lawyer will ask a photographer is, "Did you register your copyright?" No lawyer is going to take a case if you don't register your copyright a
by 120photo 9y ago
The first thing a lawyer will ask a photographer is, "Did you register your copyright?" No lawyer is going to take a case if you don't register your copyright as there is no money to be won.
- bdowling 9y agoThe photographer can register his copyright at any time. [0]. You're right though that there is an advantage to registering before infringement occurs, since if it's registered the case will be eligible for statutory damages, which can be up to $150,000 in the case of willful infringement. 17 U.S.C. § 504. [1]. Otherwise, actual damages to a photographer who doesn't sell any images will likely be zero. [0] https://eco.copyright.gov/ https://eco.copyright.gov/ [1] https://www.law.cornell.edu/uscode/text/17/504 https://www.law.cornell.edu/uscode/text/17/504
- 120photo 9y agoYes you can but then you would have to be able to prove that an infringement took place after you registered. I don't recall the site off the top of my head but there is a service for photographers that will scrape the web and search for their images and see who is using their images. I think the software will even help a photographer collect damages for a cut. I saw a commercial photographer demo the site and he makes a lot of money. The laws are confusing and photographers lose out in tons of royalties by not registering their copyrights especially if a huge company like Netflix uses your work.
- tgsovlerkhgsel 9y agoWell, to avoid continued infringement, wouldn't Netflix have to either get to an agreement or recall and destroy their entire already-produced stock? I suspect the former would be way cheaper...
- NamTaf 9y agoFrom the PDF here, you'll note that the second and third dot points state very clearly that there is no registration system for copyright in Australia. It exists implicitly, is free and applies automatically. https://www.copyright.org.au/acc_prod/ACC/Information_Sheets/An_Introduction_to_Copyright_in_Australia.aspx https://www.copyright.org.au/acc_prod/ACC/Information_Sheets...
- 120photo 9y agoI don't know about international and only know the basics in the US. As a photographer I own the copyright the moment I create an image but to actually be able to sue for copyright infringements (and get money) I would need to register with the copyright office. I can register an individual image or bulk. If I don't register I don't think a lawyer would take my case.