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by Jason Hahn on Fri Jun 10, 2005 7:00 am
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Preparing my first batch of images to register for copyright, and I am a little confused. I completed Form VA and then got to Form GR/PPh/Con, the continutation to Form VA. Some sources say you have to fill out Form GR/PPh/Con if doing a group submission, some say it is optional. Which is it? Is it better to fill it out even if it is optional?

Thanks, Jason
Hahn Nature Photography | GalleryCraft Web Design
Outdoor Photo Workshops - the best in outdoor adventure and nature photography workshops!
 

by Jason Hahn on Thu Jun 16, 2005 5:40 pm
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One more try, anyone out there with the answer?

Thanks, Jason
Hahn Nature Photography | GalleryCraft Web Design
Outdoor Photo Workshops - the best in outdoor adventure and nature photography workshops!
 

by rod barbee on Thu Jun 16, 2005 11:43 pm
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no difinitive answer from me, just a suggestion to contact the copyright office and ask them.
Rod
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http://www.rodbarbee.com
 

by Carolyn E. Wright on Fri Jun 17, 2005 9:27 am
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Jason,

Sorry I missed your post last week. I was in the middle of teaching a workshop at Triple D with Olympic Mtn School of Photography.

First of all, KUDOS to you for taking the first step to protect your images!!!! Second, I'll try to help you a bit with your question.

If you are registering non-published images, then you should not prepare or submit Form GR/PPh/Con. If you are registering published images, then it is recommended that you use the extra form.

Until recently, you had to register each published photograph separately. It was costly and time consuming. Thanks to the ASMP, changes were made so that photographers can group register images made by the same photographer and were published in the same year.

The group registration of published photos can be made on Form VA without anything else. But when you add Form GR/PPh/Con, you get extra insurance and maybe extra damage awards if your copyrights are infringed.

Regardless of when you register, if your copyright is infringed AFTER you registered it, then you are eligible for statutory damages of up to $30K and more if the infringement is shown to be willful. You also are eligible for those same damages IF you register the image WITHIN 3 months of the publication date. That's where the benefit of the Form GR/PPh/Con comes in. It helps to identify each image and its publication date, as well as the registration date. Therefore, regardless of when the infringement occurs, AS LONG AS you register the photo within the three months, you get the statutory damages.

In short, Form GR/PPh/Con helps you and the US Copyright Office keep a more accurate record of all of these important dates in case you need it down the road.

For more free information on this and other legal issues for photography, check my blog at http://photoattorney.blogspot.com/

Hope this helps,
Carolyn
PhotoAttorney
Carolyn E. Wright, Esq.
Retired Lawyer for Photographers and NSN Moderator
Photo Attorney® at www.photoattorney.com
 

by Jason Hahn on Fri Jun 17, 2005 2:21 pm
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Thanks! That is exactly what I needed to know, I really appreciate your help.

Jason
Hahn Nature Photography | GalleryCraft Web Design
Outdoor Photo Workshops - the best in outdoor adventure and nature photography workshops!
 

by Michael Brown on Wed Jun 29, 2005 3:10 pm
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Carolyn, you mentioned:

cwrightphoto wrote:
Jason,
If you are registering published images, then it is recommended that you use the extra form.


This may have been answered before, somewhere, but I can't seem to find any info about it.

Question is, is it considered "published" if I post an image here in one of the forums on NSN?
I have heard some individuals say "yes it is", and others who do not agree.

Which is it?

Thanks for the help on this one. I am very curious to the answer! :)
Michael Brown
NSN 0056


"Macro Art In Nature" - Website
 

by Carolyn E. Wright on Wed Jun 29, 2005 5:49 pm
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The courts have not yet resolved the issue of whether posting your images on the web constitutes "publication" for copyright issues. It most likely is dependent on how and where it is published there.

You have published your work when you "distribute copies of your work to the public by sale, lending, or leasing." Publication also includes the "offering to distribute copies of your work to others for the purpose of further distribution." Display of a work without more does not in of itself constitute publication.

So if you put your photo on a website with any implication of selling/distributing it, then it would most likely be deemed published. Posting on a forum like NSN probably doesn't meet that threshold. I do not consider my images published when I post them here on NSN, but do when I put them on my personal website.
Carolyn E. Wright, Esq.
Retired Lawyer for Photographers and NSN Moderator
Photo Attorney® at www.photoattorney.com
 

by Michael Brown on Wed Jun 29, 2005 9:24 pm
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Thanks Carolyn! Wonderful thoughts you gave on this subject.
It has my mind churning a little more, and with another question.

If you would think that posting an image in the forums does not meet that threshold, then what about NSN's Portfolio section?
It is a section that some here would eventually hope that an editor/publisher/etc. would come across and possibly to get a sale, future business, etc.
Thinking about what you mentioned above about your personal website, and you mentioning that you would consider that to be "published material", would you personally think along the same lines if you had images in Portfolios?

And, ..................... sure am glad you are around so I can pick your brain a bit!! :)
Michael Brown
NSN 0056


"Macro Art In Nature" - Website
 

by Carolyn E. Wright on Wed Jun 29, 2005 10:02 pm
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Good point, Michael. If I posted images in the Portfolio section, then I would consider those published. There is an implication that they are for sale just by being there. Members have discussed the possiblity of selling images from the Portfolios, which would be evidence of our intent to sell.

The factors keeping photos that are posted in forums from being considered published include: access is restricted to members; and they are posted for critique, not with any intention to sell, lend or lease, or have others to distribute them.

And thanks, I'm happy to be here!
Carolyn E. Wright, Esq.
Retired Lawyer for Photographers and NSN Moderator
Photo Attorney® at www.photoattorney.com
 

by Jason Hahn on Thu Jun 30, 2005 5:47 am
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Location: Land O' Lakes, FL
Member #:00358
If you initially register something as unpublished, and then it is published at a later point, do you have to re-regeister or somehow change the status of the image?

Thanks for all the info so far, it has been a huge help.
Jason
Hahn Nature Photography | GalleryCraft Web Design
Outdoor Photo Workshops - the best in outdoor adventure and nature photography workshops!
 

by Carolyn E. Wright on Thu Jun 30, 2005 9:04 am
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Carolyn E. Wright
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As a photographer, if you register a photograph image before it is published, you do not need to re-register it after it is published; however, publishers have certain mandatory deposit requirements with the Library of Congress for their materials.

If you alter a photograph significantly, so that someone would think that it is a different image, then register it, as well, for the most protection. If I altered a photograph by taking out a few blades of grass, cropped it even dramatically, or burned or dodged here or there, I would not re-register it. If I made a composite of two or more images, for example, then I would register the newly created image, too.
Carolyn E. Wright, Esq.
Retired Lawyer for Photographers and NSN Moderator
Photo Attorney® at www.photoattorney.com
 

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