Free ISP UK Internet Access Service 0845 Dial-up - Internet Copyright Myth 1

Free ISP UK Internet Access Service 0845 Dial-up


Internet Copyright Myth 1
"I do not need to register my photos with the copyright office, because I 'automatically' have copyright at the instant I snap the shutter."

This is a serious misunderstanding of the law. Yes, you do own copyright without registration. BUT if you want to protect your photos from theft, you should register them with the Copyright Office, before you publish or distribute them. If you register your photos, you gain powerful remedies against infringers. These can include:

* Civil penalties ("damages"). The pirate is on the hook for up to $150,000 for each misused photo;

* Attorney's fees: the infringer has to pay your attorney's hourly fees and all costs such as copies, postage, filing fees, etc.

* Restraining orders, Preliminary and Permanent Injunctions against the infringer, and even seizure of the pirate's computer equipment in some cases.

An important practical point is that if the photos are registered, you might find an attorney to take the case on "contingency," which means he takes the risk of gambling on a win, rather than you paying him by the hour. Faced with a lawsuit over registered images-and an injunction which would likely mean being put out of business forever-many pirates will quickly settle up and pay.

By contrast, if you did not register your photos, it is almost impossible, as a practical matter, to nail an infringer. To get any damages at all, you have to prove how much the pirate made off your particular photos, or exactly how much money the theft cost you. Either is almost impossible to prove. And you do not recover attorney's fees, so the cost of the lawsuit would far outweigh your possible recovery.

So-if you have registered your work, you are in good shape to "convince" an infringer to stop, or to successfully sue him. If you have not registered, you probably cannot do anything about pirates.



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