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the Copyright Kit - Professional Photographers of America

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1. COPYRIGHT KIT Created exclusively for PPA Members by PPA s Copyright amp Government Affairs Department Updated July 2015 A COPYRIGHT RESOURCE COURTESY OF Contents Introduction What 1s Copyright issiria ania aioi i ai aaa aiaiai 3 How Does PPA Help Protect My Copyrights cccccscessessseesceesceeeceseceaecaeceaecaaecaeecaesenesenesneeeceseeeeeseaeenaeseaesnaeeaeesea 4 Steps You Can Take to Protect Your Copyrights ccccsccesccssecsseeseecseeeeeeeeeeseceseceseceaeceaeceaecaeecaeeeaeeeneeeeeeeesearseeeeeeenaes 7 Marking Your Imares runean e e e a e a a a og 8 Repistering Y Our MMA 2e Sse aE rE O E E R EEEE ER EE EKETE 12 The Basics of Copyright Registration c cccscccclisedacesscesabvsccscescacaessavdias casceectetacdecd cases ae ass a iai ea aE a TE aa AE RE ENESA 13 Electronic Registration System Guide eCo sesssesssesrsesrsereseresttsstssettessttrtttssttestesstesttesttsttttetssttsstesstesstesseesresseeettt 17 Paper Form VA Guide oeeie ae a E A E EEE E E E E AE 21 When Does Copyright EXpite sccccicicvsscincdcvastscaateseuaceusevevsechacetavuneyates EE a EA a E E EEE E 26 Usage Licenses and Copyright Transfers cesccesccesecsceeseeeseesseeeeesecesecseceaecuaecnaecnaecacecaeecaeseneseeeseeesneeseneseneenaes 26 Recommended Reading and Resources ssccescesseeseeseescecseeeseeeseesceesecesecseceaeceaeceaeceaecaeecaeecaeeeneeeeeseeeeerseeseneenneesaes 28 PRP PEM ois vases ses ek ch sebe
2. button to complete a supplemental Section 2 SECTION 3 Copyright Claimant Information This section focuses on the person or organization claiming copyrights to the photograph s being registered In most instances this will be the same person s or organization indicated in Section 2 A unless the copyrights have been transferred to another person or organization Just like in the previous two sections you can only include information on one claimant at a time but you can click on the add claimant button to provide information if the copyrights are shared A B Personal name a Organization b Complete either field A or B not both Field A allows you to designate an individual as the copyright owner while field B allows a corporation or organization to be designated as the copyright owner In instances where you might be known by an alternate name i e a Doing Business As or DBA you may provide this information in the Note to Copyright Office Section of the application C Contact information Enter the physical address email address and phone number for the person or firm referred to in this section The information entered in this field will become part of the public records in the online searchable database made available by the U S Copyright Office D If claimant is not an author If the person or firm referred to in this Section is not the same person or firm listed in Section 2 A
3. J only if the larger work named in T is a serial For example if your photograph was printed in Professional Photographer magazine you would indicate the magazine s name in field T and provide information on the issue in field J K If work was pre registered Skip this field unless the photograph s being registered on this form were pre registered with the U S Copyright Office SECTION 2 Author Information This section focuses on the author or in this case the photographer who created the work It covers information directly relating to the photographer and the circumstances under which the image was created and or published You can only include information on one author per section but you can click on the add author button to provide information on each contributor A B Personal name a Organization b Complete either field A or B In space A give either the full name of the person who created the photograph s or anonymous if you intend to register the work anonymously or pseudonymously In the case of a work made for hire the company studio name for which the work was created belongs in space B If you are known by an alternate name i e a Doing Business As or DBA you should have already provided this information in the Note to Copyright Office Section of the application C Year of birth Give the year in which the creator was born The in
4. Section 5 or 3 The correspondence contact from Section 6 If none of these options apply you will have to provide new contact information for the person or organization to which the certificate should be sent No part of this section will be made public record SECTION 8 Certification It provides you the opportunity to review and certify that all the information you have provided is true and accurate and of course indicate how you will pay the application fee A Handwritten signature Although you must complete the registration form in a web browser your handwritten signature is required to validate the form Note When using Form CO ensure that you have carefully reviewed Section 1 7 and have finished typing information into each field in this section as appropriate before printing B Printed name Type in the name of the person signing the application C Date signed This space should automatically fill itself in with the date you accessed the form If you plan on saving or signing it at a later time ensure that you have selected the write date by hand option before printing your form in order to disable the date auto fill function D Deposit Account Complete this section by providing the U S Copyright Office deposit account number and the name of the deposit account holder if you wish to have the application fee debited from an existing account Leave blank if you do not have a deposit account or wish to pay
5. a single photograph or an entire album select visual arts work B Title of this work This is where you insert the title of the work or group of work being registered Be sure you list only one title per box If you need to include additional titles you can add up to 50 click on the additional title button If the group of photographs you are registering contains more than 50 titles you will need to register your work using the eCO system C Serial issue You will only need to complete this section if your work is or was published as a serial The U S Copyright Office defines serials as periodicals newspapers magazines bulletins newsletters and other items issued in parts identified by number and or date or that will continue regularly scheduled publication indefinitely D Previous Alternate title You will only need to complete this field if the photograph s you are registering can be identified using another name not listed in B E Year of completion Indicate in this cell the date referring to the creation or completion of the group compilation or derivative of the image s being registered For a single image it could be the date it was delivered to a client or the date it was captured For an album or CD DVD of digital files it would be the date the work was completed If you are registering published photographs this date cannot occur any later than one year after their first publication Note
6. low compression digital files instead of physical prints Please refer to the Electronic Registration System Guide eCo on page 15 of this kit or visit Copyright gov for the latest file specifications If you are registering your work as either an unpublished collection or as a group registration of published photographs you have far more flexibility in the materials you provide the U S Copyright Office The following formats will be accepted from most to least preferred formats for unpublished collections and group registrations CD ROM CD RW or DVD ROM with images saved as JPEG GIF TIFF or PCD Un mounted prints no smaller than 3x3 and no larger than 20x24 Contact sheets Slides each with a single image The original format in which the photograph has been published Photocopy if the original image was color the photocopy must also be in color Slides each containing up to 36 images e Video clearly depicting each photograph Common Registration and Deposit Errors Despite the mutual efforts of everyone involved there are a number of problems that commonly crop up in photographic copyright registrations After an informal poll of the copyright examiners in the visual arts section of the U S Copyright Office we have discovered that there are some common registration errors every photographer should avoid e Group Registration of Published Photographs Publication dates appear to be the most common errors in filing a gr
7. of your copyright while granting the client the right to use the images in a specific manner for a specific purpose or during a specific time frame Since you maintain the copyright a limited usage license gives you the most flexibility in deciding which rights you are selling to the client Limited usage licenses are particularly useful if a client wants to reproduce the image in a setting or service that you do not currently offer or a product line that you do not find to be profitable To sample Limited Licensing Agreement from PPA see Appendix B Unlimited Usage License It is also possible to grant a client an unlimited usage license This type of license allows the client to use the work in any manner they see fit However by retaining the copyright you are still able to use the images for your own purposes With an unlimited usage license you are still giving your client complete control of the images forfeiting any opportunities for reprints or further licensing To view a sample Unlimited Licensing Agreement from PPA see Appendix C A Few Points to Remember Copyright is more than just the right to make copies In addition to the right to reproduce your work it includes the right to prepare a derivative work based on the original to distribute the work and to publicly display the work A license can grant all or some of these rights and the same rights can be P al A RT granted to multiple parties If you are consi
8. or disable access to the photograph described As the owner of the copyright in this photograph I have a good faith belief that the use of the photograph at URL is not authorized by me or by any provision of the law I also declare under penalty of perjury that I am the copyright owner and the information in this notification is accurate to the best of my knowledge If you have any questions you may contact me at address phone number or by Email Email address Sincerely Signature NAME STUDIO NAME These samples are provided to PPA members as a guide It is the responsibility of the member to ensure the agreement meets the requirements of their state s laws to be considered a legally binding contract APPENDIX E Step by Step Guide to Completing eCO Registration Applications The U S Copyright Office has made a PowerPoint tutorial to guide you through the eCO registration process that you can find at copyright gov however below you will find this walk through of the application process SECTION 1 Work Being Registered This section focuses on the photograph s you are registering You will be asked for information concerning the type of work being registered Visual Arts its title or any previous or alternate titles there is space for up to 50 and publication information as well as completion and publication dates A Type of work being registered Here you have to indicate whether you are registering
9. or other third party who prints or reproduces photographs commercially has a legal duty to ensure that the requested copy or intended use is lawful before filling the order e A photograph does not need to be marked with a copyright notice to be protected e A photograph does not need to be registered with the U S Copyright Office to be protected by copyright law but more enforcement options are available for registered photos e A photograph can be marked with the symbol immediately upon creation it does not need to be registered first There is a lot more to copyright law than this though So let s get started on the details How Does PPA Help Protect My Copyrights Advocacy on Capitol Hill PPA is the only photography association with a full time staff dedicated to protecting photographers rights on Capitol Hill Our team lobbies Congress making them aware of PPA member stories and explaining that copyright isn t just about movies and music it s also about professional photographers who happen to be small business owners by the thousands and who live and work in their districts Working with the U S Copyright Office As part of its advocacy program PPA works with the U S Copyright Office to find ways to reduce the burden of registration on our members Instead of simply asking for changes we have been proactive in regularly bringing ideas to the Copyright Office for consideration Working with the copyright commun
10. to reconsider some of your business practices with your copyrights in mind Here are some ideas e Many photographers now do not allow previews or proofs outside of their studio preventing a client from copying those images Those photographers also have the opportunity to participate in and influence the decision of which poses or shoots to select e The Internet is also being used with great success Photographers can post the previews on a website possibly password protected where they can be viewed If images are loaded as a low resolution file and with a copyright mark there is little danger of copying since a copyright marked low res file will not yield a good print Some sites even take orders online providing both photographers and clients with additional benefit Not only are you protecting your images but now friends and family across the country can see and order photos Many photographers also now sell packages rather than rely on reprint orders Some photographers offer the negatives or digital files at a premium basically selling or licensing the copyright to clients either as part of a package or at some point after the initial orders are completed Photographers have even been able to increase their session or creative fee and lower their print prices Of course every photographer s business operates differently and your business decisions need to be based on what works best for your business 5 Participate in the P
11. types of creative intellectual and artistic works such as music motion pictures magazines books choreographies sculptures and more How do I copyright my photographs Your images are copyrighted to you from the moment you push the trigger to create them While this copyright exists federal registration is necessary in order to legally enforce those rights so getting full copyright protection involves registering your work with the U S Copyright Office Who owns the copyright In most cases you do as the photographer If you are an employee or independent contractor your employer may own the copyright How long does a copyright last The current copyright term is the life of the creator plus 70 years or for works created by a corporation 95 years Can I copyright my business name No Business names are eligible for trademark protections not copyright Although both are forms of intellectual property their protection and registration processes are different For information on how to trademark your business and or logo contact the appropriate agency within your state or the U S Patent and Trademark Office at Uspto gov My client claims that since they paid for the image they own the rights is that true No You own the rights to your work paid or not unless of course you transfer them to a client in writing The key here is to proactively educate your clients to ensure they understand this How do you transfer a c
12. you will omit the date of death when registering your own work Likewise if the images are considered a work for hire and the author is a company both the birth and death dates can be omitted Author s Nationality or Domicile This section must be completed regardless of whether the author is the photographer a work for hire employer anonymous or pseudonymous For work for hire employers the domicile of the business is usually considered to be the country in which the company was incorporated or where it has its principal place of business Was the Author s Contribution to the Work Anonymous Pseudonymous It is possible to register the work anonymously or under a pen name Check the appropriate box if either no name or a false name appears on copies of the work being registered Nature of Authorship Select photograph 2b Name of Author Same as above but section 2b should only be filled out when there are co authors to the work Co authors are not normally involved in the creation of photographs SPACE 3 CREATION amp PUBLICATION Year in Which the Creation of This Work Was Completed Note that this is not the year of publication but the year of creation Date and Nation of First Publication of This Particular Work This only applies if the work has been published prior to or simultaneously with your registration The copyright statute defines publication as the distribution of copies of the work to the publ
13. Copyright Is It Yours or Your Employee s March 6 2009 Downloads e Copyright Inserts digital version e Copyright Registration Guides e Sample Forms in Appendix Section Webinars e Are Your Images Protected e How to Protect and Register Your Images e Protect Your Copyright Through Licensing Agreements All PPA Resources are available on the Copyright Resources page in the Resource Library Books Photographer s Legal Guide by Carolyn E Wright The Copyright Book Fourth Edition by William S Strong The Legal Guide for the Visual Artist by Tad Crawford The Professional Photographer s Legal Handbook by Nancy E Wolff United States Code Title 17 Copyrights Copyright Basics Circular 1 U S Copyright Office Copyright Registration for Pictorial Graphic and Sculptural Works Circular 4 U S Copyright Office Work Made For Hire Circular 9 U S Copyright Office Websites Copyright gov U S Copyright Office P ial A RTN PhotographerRegistery com house gov or senate gov For the latest information on copyright legislation PhotoAttorney com csusa org Friends of Active Copyright Education StopFakes gov Strategy to Target Organized Piracy Organizations PPA Professional Photographers of America The Copyright Society of America 229 Peachtree St NE Suite 2200 352 Seventh Ave Suite 739 Atlanta Georgia 30303 New York New York 10001 Phone 800 786 6277 csusa org CopyrightD
14. Deposit Submission page Click Done to indicate you have completed this process It is important to note that you must now indicate that you have completed the deposit portion of the application process as it can delay your effective registration date Remember your registration date is determined by the date upon which your application is received as complete by the U S Copyright Office What s Next Since you registered using the eCO system you can log in at any time to check on the status of your registration application The average processing time estimated by the U S Copyright Office is three months Of course your registration date is effective the date your application is submitted and complete and not the date it is handled by one of their Copyright Specialists Remember the certificate will not arrive electronically instead it will be sent by U S Mail You can also find proof of your registration in the Copyright Office s searchable database Copyright gov eco The Copyright Office will make available the copyright information you listed on your application along with identifying information to help users identify your work P al A RTN Paper Form VA Guide Registering via the eCO system is the preferred method true But you can still register with paper forms if you don t mind slightly higher application fees and longer time frames Form VA used to be the basic form for all registrations of photographs wh
15. Studio Address Client Address City State Zip Code City State Zip Code Phone Number Phone Number These forms are provided to PPA members as a guide It is the responsibility of the member to ensure the agreement meets the requirements of their state s laws to be considered a legally binding contract P il A RTN APPENDIX D Sample DMCA Letter This letter uses a provision in the copyright law that gives a website or service provider the choice of removing copyrighted material or leaving the material up but losing their immunity to a copyright lawsuit in regard to the posting Many online services have specific Email addresses for these kinds of requests check the hosting company s terms of use To the best of our knowledge the sample letter below meets the technical requirements of the law This letter can be Emailed faxed or mailed Dear SERVICE PROVIDER I am a professional photographer and the author of the photograph picturing subject matter which as of date was posted on the website URL As the copyright owner I assure you that I did not give permission for this photograph to be posted on the webpage described Pursuant to the provisions of the Digital Millennium Copyright Act of 1998 17 U S C 512 c please consider this letter actual notice via written notification that this infringing material is being stored and or resides on a system controlled by you I hereby request that you act expeditiously to remove
16. Yes Life of the artist 70 years Published between 1964 1977 Yes 95 years ex 19644 95 2059 Permission is needed if the copyright was renewed If so Published between 1923 1963 Maybe pints ction would ba 95 seaing x 1923 95 2018 Published prior to 1923 No Image is in the public domain Images Not Marked With a Copyright Notice Is Permission of Date the Artist Needed Length Created on after March 1 1989 Yes Life of the artist 70 years Unless the image is registered with Maybe the U S Copyright Office chances are it can be copied Created between January 1 1978 April 30 1989 Created prior to January 1 1978 No The image can be safely copied There are certain exceptions to these rules that affect published images and images created by corporations For example images created before 1978 but not published until after 2002 are no longer protected by copyright law unless the artist died less than 70 years ago On the other hand images created before 1978 but published from 1978 2002 are protected until 2048 or the life of the photographer plus 70 years whichever expires last Lastly images created by corporations have a copyright term of 95 years from the date of first publication or 120 years from the date of creation whichever expires first PA Rr Usage Licenses and Copyright Transfers While it has long been a common practice in commercial photography we
17. also don t want to pass up a possible sale Example YEAR ABC Studios Illegal to copy or scan without written permission My Town USA 123 456 7899 Many PPA members also use their PPA ID number as part of the copyright notice along with PPA s 800 Customer Service Center number When that potential client calls we can easily put them in contact with you You don t even have to ask for permission to use this service It is your right as a PPA member Simply use your PPA ID number and PPA s Customer Service hotline 800 786 6277 Example YEAR ABC Studios Illegal to copy or scan without written permission PPA member ID XXXXXX 800 786 6277 Think your client won t call PPA s Customer Service team receives approximately 10 000 calls each year from consumers and retailers looking for the copyright owner of photographs Our main objective is to get that consumer in touch with the photographer copyright holder of the photo By helping both consumer and retailer abide by the rules we are helping to protect photographers rights Using a Visual Notice P al A RT If you would rather not clutter your images front or back with so much writing an alternative might be using a visual cue to mark your work For some this means an embossing your studio name in an artful font or your logo in one of the corners of a final print For others it might mean using a studio graphic to indicate a proof version of the work There s
18. are authentic SPACE 9 RETURN ADDRESS You need to indicate your mailing address here one last time Make sure it is legible since these lines will be in the window envelope used to mail your copyright certificate back to you What s Next Congratulations You have prepared your registration and deposit for the U S Copyright Office via Form VA Please keep in mind that you may experience a delay of approximately 10 months before you receive your Certificate of Registration in the mail Since your information will be uploaded into the current registration system you will no longer receive your certificate in the P al A RT form of a seal stamp on the Form VA you submitted Instead you will receive an application summary certifying that you have completed the registration process Remember that once you have sent your registration form in a hard copy format you may not register it again electronically P iad A RTA When Does Copyright Expire Use the charts below to determine whether your images are protected by copyright law and whether you will need permission to make a reproduction for a client As a general rule images created on or after March 1 1989 always require the permission of the artist Images first published before 1923 are no longer protected by copyright law Images Marked With a Copyright Notice Is Permission of Date the Artist Needed Length of Copyright Created on after January 1 1978
19. are now seeing an increase in the number of portrait and wedding clients asking for copyright releases or usage licenses from their photographers As the copyright owner it is entirely up to you to decide what rights if any you wish to transfer or license to your client Here are three examples for how to license or transfer your copyright to clients if you choose to Copyright Transfer A copyright transfer involves giving all of your rights to an image to a client or third party Most commonly this is done when there is little chance of obtaining income from reprints or when the cost in both time and money outweighs the possible benefits of maintaining the copyright Copyright transfers are generally only use in unique circumstances or with a very specific business model By transferring the copyright to a client the photographer is effectively selling all rights to the image This type of transfer allows your client to use or reproduce images however they like 1 e they are not required to come to you for any reprints or other reproductions of the images A copyright transfer also means that if you wish to reproduce the images or to use them for your own business purposes you will then have to get express written permission from the new copyright holder the client To view a sample Copyright Transfer Agreement from PPA see Appendix A Limited Usage Licenses Offering your clients a limited usage license allows you to maintain ownership
20. as well as in receiving your Certificate of Registration It is worth noting that while you may register online your certificate of registration will continue to arrive by U S Mail however it will take on a new look Rather than returning your completed application approved by a copyright examiner the new certificates are printed out and contain the registration information you provided the date your submission was received and a statement certifying that the information provided is correct to the best of the author s knowledge In addition to reducing the wait time for your certificate there is a financial advantage to using eCO Registrants using eCO pay a reduced application fee Completing the Registration Process The new eCO system only requires three simple steps to register your image s For a step by step guide to completing an eCO application please see appendix F 1 Complete the Application Once you have addressed these technical issues you can begin to create your eCO account and start registering your photographs Select Register a New Claim and follow the screen prompts Important keywords highlighted in blue can be clicked on to clarify the type of information requested for a particular section You can also click on the Help link for additional guidance in troubleshooting the online application Be sure you complete any field featuring a red asterisk as they are required to process your appl
21. by check E Tracking number Complete this section only if you have your own tracking number system by which you monitor your registration applications otherwise leave it blank P fal A Bevery
22. camera s user manual to determine the correct settings or learn how to do this with your post capture software Use an invisible watermark Part metadata part watermark applying an invisible mark to your digital files can get you the copyright protection you need while still providing your clients the visually appealing images they tasked you to create this can be done by using a program that integrates with your post production software Many invisible marks are a series of coded lines or colors that are embedded onto the file itself in a manner that is never apparent to the viewer PPA members can get a discount for these invisible watermarks through Digimarc for Images To use this benefit visit PPA com benefits Using a Watermark In addition to using a traditional copyright notice as your mark we also recommend considering watermarking your images It s a key step to protecting your work when it comes to sharing digital files Just like embedding metadata or an invisible watermark this process may also be one that is supported by your post production software If the how to part is easily resolved by your P Dal A RT choice in software all that needs to be decided is what kind of mark you ll apply to your images Just as when marking a print you ll surely want the digital watermark to allow your work to be easily viewed This means choosing an emblem or statement that does not detract from th
23. circs To draw from an existing account follow the Organization DA link on your eCO account homepage Once a deposit account is connected to your eCO application click on Pay Deposit Acct This will direct you to an account balance screen which will reflect your billing information and the availability of funds in your account To apply the application fee to your deposit account click on the Pay icon found next to the account balance This will prompt to a payment confirmation click OK to accept payment and generate a printable receipt 3 Deposit Your Work Now that you have completed your application and paid the application fee it is time to submit a copy of your work Even though you ve completed the application electronically you have the option to upload digital files or mail in hardcopies or digital files to satisfy the deposit requirement Whichever option you choose the Copyright Office will notify you within 60 days of the receipt of the application and payment if your image deposit has not be received e Uploading digital files Begin by selecting Upload Deposit on the Deposit Submission screen Files must be uploaded individually and can be browsed for by using the eCO prompt When completing the file upload keep in mind that your session can last no longer than 60 minutes As a result the size of the file s you submit is important The number of image files you can upload in a single sess
24. dering offering transfers or usage licenses to your clients you should do so in writing This is to ensure validity of the agreement and to protect both you and your client from future misunderstandings Finally keep in mind that the rights to an image are valuable property When licensing or transferring rights to those images be sure to contemplate the value of what you are selling and price it appropriately P iad A RTA Recommended Reading and Resources The following listing is a compilation of the resources mentioned throughout the kit in addition to other helpful websites and books to assist you in navigating copyright law As always we encourage you to contact PPA s Copyright amp Government Affairs department 800 786 6277 or copyrightdefense ppa com with any questions or concerns you have about protecting your images Additional Resources Articles e Copyright Infringement Coming to a Resolution March 28 2011 e Copyright Education Make Your Rights Known April 28 2011 e Defending Yourself Online Protect Your Images February 5 2009 It s Beginning to Look a Lot Like Copyrights October 8 2009 Protect Your Greatest Asset October 23 2008 Protect Yourself from Client Copyright Infringement May 7 2009 Protecting Your Copyright with Good Business Practices August 1 2008 Talking to Clients About Digital Files and Copyright September 10 2010 The Holiday Card Situation October 21 2010 Whose
25. e finished product Taking your cues from the Written and Visual notice sections above ensure that you choose a watermark that will allow the prospective user to easily contact your studio to request permissions After all the mark is only as helpful to viewers as the information you include PPA members can take advantage of digital watermarking discount options through Digimarc for Images To use this benefit visit PPA com benefits Whatever route you choose marking your work is a critical step in protecting your copyrights Of course it is only the beginning of the copyright education information you need to provide your existing and prospective clients alike Read on for additional tips and tools for protecting your copyright It is your livelihood P il A RTN Registering Your Images The moment your work is recorded it is copyrighted You instantly own the copyrights of the photos you create unless you are operating under a work for hire agreement There is however a stronger form of protection that comes about by way of copyright registration The initial copyright provides you with some protection but with very few tools for legally enforcing your rights In a legal action the most you could recover would be actual damages lost income related to the infringement In other words the most you could hope for is the fee you would have charged plus any money that you can prove the infringer made based on their
26. efense ppa com U S Copyright Alliance U S Copyright Office 1224 M St NW Suite 101 101 Independence Ave S E Washington DC 20005 Phone 877 476 0778 CopyrightAlliance org Copyright gov P Tad A ES Appendix The sample contracts included in this appendix are available for download from both the Copyright Resources page and the Resources page Contracts and Forms category of PPA com Sample Limited License Sample DMCA Take Down Letter Sample Unlimited License Step by Step to eCO Registration Sample Copyright Transfer ABCD Please note that these forms and samples are provided to PPA members as a guide It is your responsibility to ensure the contracts and agreements you use meet the requirements of your state s laws and can be considered legally binding documents P ial A Reverny APPENDIX A Limited Copyright License Agreement This License Agreement is made this day of 20 between photographer name of studio name hereinafter referred to as Licensor and client name hereinafter referred to as Licensee Whereas Licensor and Licensee hereby agree to the following Licensee is granted a license for the following use 1 The image s subject to this agreement are as follows 2 Use of the above mentioned images is limited to the following Licensor and Licensee agree to the following additional terms e Licensor retains all copyright and moral rights to each image Licens
27. ether single images unpublished collections or groups of published photographs The U S Copyright Office will continue to accept Form VA You can download a copy of the latest version of Form VA by visiting http www copyright gov forms formva pdf Special Note Form VA is the only available alternative to registering your work with the Electronic Copyright Office eCO system Use of the paper Form CO was eliminated on June 20 2012 and the final applications were to be received no later than July 2 2012 As a result of this elimination there is no mid price option for registering your images Paper FORM VA Step by Step The instructions on Form VA and Form GR PPh CON are sufficient But based on the comments from photographers we have put together this photographer oriented walk through for Form VA to help you out if you choose to use the paper registration method SPACE 1 of the VA Form TITLE Title of this Work This can be anything the Copyright Office simply needs something to call the work or the image group for cataloging purposes However if the work you submit has a title indicate it on the form Publication as a Contribution If the photograph in question is published as part of a periodical serial or collection you will have to indicate the title of that publication here You will also need to give volume number issue date and page number references Nature of this Work Simply put photograph if yo
28. formation entered in this field will become part of the public records in the online searchable database made available by the U S Copyright Office D Year of death Skip this field unless the creator of this work is deceased at the time of registration E Citizenship Domicile Complete this field to indicate the creator s nationality and country of residence that is the person or organization listed in section 2 A above F Author s contribution Skip this section unless the photograph s were created as 1 Work s for hire prepared during the course of your employment 2 Anonymously no natural person named as the creator of the work If you check this box you must ensure that you have correctly completed space A by including anonymous or the full name of the creator which will become public record 3 Pseudonymously the name on the work is fictitious If you check this box you must ensure that you have correctly completed space A by including pseudonymous or the full name of the creator which will become public record If you complete this section you may only select one of the above check boxes G This author created Complete this section by selecting the creative input provided by the author photographer referred to in this section If more than one author was involved in the creation of the photograph s being registered ensure that you click the additional author
29. gal enforcement options Think of this scenario You capture a beautiful image that somehow gets distributed without your permission Then the image is picked up by major publications without your authorization and worse you are not even given credit If that image is unregistered you will not be able to seek statutory damages court fees and attorney fees which means the cost of the lawsuit would likely be more than you could recover Unless you are able to negotiate some compensation for the infringement on your own you may never see a penny for even the most significant violations There are options available for registering your images as a collection or group making the cost very low for a large number of images or you can register images individually for 35 Even if you do not always register your images consider individually registering any photographs that will be especially susceptible to infringement e g photos that will be highly publicized due to a noteworthy event person or place or because of the publication of the image Alternatively consider a quarterly registration of all your images Remember in order to ensure your ability to seek statutory damages images must be registered within three months of initial publication P fal A Bevery In a nutshell PPA highly encourages you to consider registering your work and to keep the PPA s Copyright amp Government Affairs department at your service Call or send your ques
30. graph for full copyright protection However registration fees add up in a hurry if you are registering a significant amount of your work Group Registration Published or Unpublished The publication status of your work is a key factor in determining which group registration method to use The Copyright Act defines publication as the distribution of copies of a work to the public by sale or other transfer of ownership or by rental lease or lending The offering to distribute copies to a group of persons for purposes of further distribution or public display constitutes publication A public performance or display of a work does not of itself constitute publication Regardless of whether you are registering a group of published photographs or an unpublished collection it is important to note that the U S Copyright Office does not allow published and unpublished images on the same copyright registration under any circumstances P al A RT e Special Requirements for Registration of Unpublished Image Collections The process for registering an unpublished collection of photographs is almost identical to registering a single work The only special requirements for submitting an unpublished collection on a single form are the following o All of the photographs in the group must be unpublished o The Title of this Work should identify the collection as a whole o Copyright claimant is the same for all phot
31. he helps clear up any questions for those who don t understand Since lack of understanding is at the core of many infringements this small step can go a long way toward protecting your work If someone gives me a photo credit does that mean they did not infringe No Giving you a photo credit has no bearing on whether or not an infringement exists I shared an image with the newspaper and did not receive photo credit Is that copyright infringement No there is no automatic right to a photo credit You can make photo credit a requirement of your licensing or other usage agreement Failure to abide by such an agreement e g lack of photo credit when required is on the other end a violation I posted some images on my website does that mean they are in the public domain Even the images you post online are protected by the copyright law Remember your images are copyright protected from the moment you create them If you find that another website contains your copyrighted material the Digital Millennium Copyright Act DMCA allows you the copyright holder to send a letter to a website s Internet Service provider or Copyright Abuse Agent to request the copyright protected material be removed Call PPA for help with DMCA See Appendix D p 37 Who do I call if someone infringes on my work If someone is using your work without your permission call PPA One of our Copyright Specialists will provide you with information specific t
32. herwise below 2 Licensee s license to reproduce distribute or publicly display these works does not include the ability to license the images to third parties 3 This license is non transferable 4 Licensee agrees that altering images without obtaining written permission from Licensor is prohibited In witness thereof the parties execute this agreement Licensor Licensee Photographer Client Studio Name Business Name Studio Address Client Address City State Zip Code City State Zip Code Phone Number Phone Number These forms are provided to PPA members as a guide It is the responsibility of the member to ensure the agreement meets the requirements of their state s laws to be considered a legally binding contract P Tad A ES APPENDIX C Copyright Transfer This Assignment of Copyright is made this day of 20 between photographer name of studio name and client name Whereas photographer or Studio Name is the author and creator of the following work s Description or Title of Work The author assigns all copyrights for the aforementioned work to client name and his or her heirs Optional Simultaneous to the execution of this agreement the assignee grants the assignor an unlimited right to use the work for self promotional purposes In witness thereof the parties execute this agreement Assignor Assignee Photographer Client Studio Name Business Name
33. hic registrations and deposits via their online registration system Just like the beta test version eCO is only accepting certain types of image registrations For photographers it means that the photograph s they register must meet one of the following criteria e A single photograph created by one copyright owner e Multiple unpublished photographs created by the same copyright owner e Multiple published photographs featured in the same publication and created by the same photographer In addition to ensuring your eligibility to register your images through eCO there are a few technical points that you will need to address e The system is currently compatible with Microsoft Internet Explorer Netscape Navigator 7 02 or higher and Firefox both PC and MAC versions Please note that Safari and Google Chrome are not currently certified for use with the eCO system e Disable any pop up blockers or third party toolbars used in your web browser e Security and privacy settings should be set to medium Special Note There is currently a pilot program underway to explore the group registration of photographs via the eCO system To find out how you can participate visit Copyright gov Advantages of eCO eCO expedites the registration process and changes the way the Copyright Office has been communicating with registrants One obvious enhancement is the increased efficiency in submitting your registration and deposit information
34. ic by sale or other transfer of ownership rental lease or lending or if an offer has been made to distribute to others for the purpose of further distribution or public display Special Note for Group Registration of Published Photographs If all of the images in your group registration were first published within three months of the U S Copyright Office receiving your materials then you may simply include the range of dates here If the range of dates extends beyond the three month period immediately prior to the U S Copyright Office receiving your registration you may still put the date range here but you must also list every work being registered along with its publication date separately on the Form GR PPh CON SPACE 4 CLAIMANTS Names and Addresses This space requires the name and address of the party or parties who currently own the copyright of the work even if it is this is the same information as the authors in Space 1 Transfer If there has been a transfer of the copyright not to be mistaken with a work for hire arrangement the claimant must give a very brief example of how they obtained the copyright i e inherited or transfer of all rights Do not attach documentary evidence of the transfer SPACE 5 PREVIOUS REGISTRATION Check no and skip the remainder of section five unless the work was previously registered with the U S Copyright Office In most cases the only pre
35. ication The registration application includes 11 major sections that have been defined as follows Type of Work Indicate the medium you are registering i e visual arts Titles List one title for an individual photograph or Group and individual titles for multiple photographs Publication or completion Authors The person or studio that created the photograph s Claimants or copyright owner Limitation of Claim applies only to derivative works Optional Rights amp Permissions Person s authorized to grant usage rights Correspondent Who to contact concerning the application Mail Certificate The address to which your certification should be sent Certification This section will ask you to verify and affirm all information is true Review Submission Your last chance to edit the application before submitting for review by the Copyright Office If you cannot complete the application in a single sitting you will be given the opportunity to save and return where you left off To pick up where you left off select the application you were working on from the Working Cases menu on your account homepage 2 Submit Payment Information Once you have completed your registration application click Checkout to pay the application fee You can choose to pay by debit credit card e Check ACH debit or establish a deposit account You must pay the registration fee to continue to the screen that a
36. icture Licensing Universal System PLUS helps artists acquire and track licensing for their works The idea behind PLUS is that it eases communication and management of copyrights This program becomes better the more people use it so make sure you sign up P ial ARZT Marking Your Images Marking your images is an important step toward protecting them You have some decisions to make such as what type of mark to use how much information to include and where to place the mark Here are a few ideas for protecting your images using a copyright notice Using a Written Notice What should a good copyright notice contain We recommend using the symbol along with your name or your studio s name The year that the photo was created is helpful This traditional copyright notice is recognized in the U S Copyright Law and also the Berne Convention and international treaty which protect your copyrights Example YEAR ABC Studios Consider going a step beyond this basic mark by adding a line such as all rights reserved or illegal to copy or scan without written permission This delivers a stronger message and tells a potential copier that written authorization is required Example YEAR ABC Studios Illegal to copy or scan without written permission To ensure you can be contacted by a potential user add a location or contact information The easier people can reach you the more likely people will follow the rules You
37. illegal copying Because the value of photography varies widely these actual damages will rarely get high enough to interest an attorney to pursue a case This is compounded by the fact that in most cases you will be required to bring a copyright suit in federal court On the other hand if you register your work with the U S Copyright Office within three months of your first publication of the work or before an infringement you have more options for enforcing your rights and can legally seek statutory damages and attorney fees Despite this large compensation difference less than one percent of professional photographers regularly register their work with the U S Copyright Office The potential for significant damages puts you in a stronger position to demand payment for an infringement This potential to bring a suit provides a strong deterrent and will often result in avoiding court altogether When faced with the choice of paying for their usage or being dragged into federal court for a process than can take three to five years paying their own attorneys and possibly owing you statutory damages and your attorney s fees most offenders will make a good faith effort to negotiate a settlement To register or not to register is yet another business decision you have to make You must weigh the time and money you have to put into the process with the protection registration provides Remember by choosing not to register you are forfeiting le
38. ion also depends on your network connection For up to date information on file size parameters and upload window lengths visit Copyright gov eco faq html eCO_2 3 Once you have uploaded all files associated with your application click Submit files to Copyright Office You will be directed to a confirmation page listing each of the image files you have uploaded and will see their corresponding upload request numbers Verify that all of your files have been incorporated into the upload and click Upload Complete afterwards meaning no additional upload windows will be accessed Note that executable files with extensions like EXE COM and BAT etc are the only file types not accepted via the online system e Depositing by mail If you prefer not to upload your digital files select Send by Mail on the Deposit Submission screen This will generate a shipping slip which will appear as a PDF file under the Attachments heading on this same page Print and attach the shipping slip to each work or set that you are mailing Remember to properly and securely package prints CDs or DVDs as mail sent to Capitol Hill is subject to additional security screenings Items should be sent to the address printed at the bottom of the shipping slip You must send in your work within 30 days of the Case Date that appears on the shipping label Once you have printed your shipping label you will be returned to the
39. is part if you indicated the photograph s being registered are published versions of one s previously registered as unpublished SECTION 5 Rights and Permissions Contact This section must be completed and will be published as public record in the U S Copyright Office s online searchable database You can elect to mark the box to indicate that the first claimant from Section 3 should be contacted by people or organizations seeking copyright permission or provide new contact information for the person or organization who should be contacted with such inquiries SECTION 6 Correspondence Contact This section must be completed so that the U S Copyright Office may contact you concerning questions that arise based on the information contained in your application You can opt to have them correspond with 1 The first claimant from Section 3 or 2 The rights and permissions contact from Section 5 If neither option applies you will have to provide new contact information for the person or organization to which you want the certificate to be sent No part of this section will be made public record P al A Revernny SECTION 7 Mail Certificate to This section must be completed to receive a physical copy of your Certificate of Registration You can elect to mark one of the boxes to have the certificate sent to 1 The first claimant from Section 3 2 The rights and permissions contact from
40. ity PPA works in partnership with a variety of organizations that represent the interests of the copyright industry PPA also supports such organizations by providing amicus curiae friend of the court briefs when cases are directly impacting the copyright of photographs Assisting you directly If you have questions about your copyrights or are having problems with a client or a third party who is using your work without your permission you can call PPA for help A member of our Copyright and Government Affairs department will provide information you will be able to use to make an informed decision on how to proceed You can also ask PPA to send notice to the infringer on your behalf as a way to get them to stop the practice or bring them to the negotiating table PPA s assistance in these initial steps will often deter the offenders Providing contract assistance Copyright problems are often wrapped up in issues related to contracts and other agreements While PPA cannot provide legal advice per se we will provide you with relevant information and resources to give you a more complete view of the situation We also provide sample forms and contracts covering a wide range of photography practices Providing copyright alerts To keep you up to date on breaking news from Capitol Hill PPA publishes blog posts and sends email updates on key actions taken by Congress the Copyright Office and even court decisions Educating your Community PPA me
41. llows you to upload your image files or print a shipping label to mail in your work e Paying by debit credit card or e Check To pay by debit credit card or e Check click on Pay Credit ACH You will now be allowed to elect either the debit credit or ACH payment method Whichever method you select be sure to complete all required billing information As with any online payment you will be prompted to verify the payment information you have provided enter an Email address to receive receipt payment confirmation and of course agree to accept the charges Please note that these payments are accepted via Pay gov a secure payment site administered by the U S Treasury Department As a result you will be linked to Pay gov to provide your payment information and returned to eCO once payment has been submitted This process should occur seamlessly you should not be asked to establish an additional account e Paying by deposit account A deposit account is a method of payment in which you can make advance fee payments to the Copyright Office and have the registration debited from this account P fal A Bevery each time you file an application If you register your work on an ongoing basis you might consider establishing a deposit account with the U S Copyright Office For more information on this process we encourage you to review Circular 5 How to Open and Maintain a Copyright Office Deposit Account available at Copyright gov
42. mark either written agreement will or inheritance or other selecting other requires that you give a brief explanation of how copyrights were transferred P al A Rover SECTION 4 Limitation of Copyright Claim This section must be completed only if the work s being registered is based on previously registered previously published in the public domain works or work s for which you do not own the copyrights If the work being registered is original new skip to Section 5 A Material excluded from this claim Indicate in this section any part of the work being registered that as indicated above was previously registered previously published in the public domain or work s to which you do not own rights If you previously registered the work as unpublished and are now registering the work as published the work must be identical to the unpublished version select other citing First publication of work registered as unpublished and do not complete field C B Previous registration Enter the registration number and year as recorded by the U S Copyright Office for the last two times the work was registered C New material included in this claim Complete this section by indicating the new material contained in photograph s being registered Select the type of material by marking the correct box and entering a description of the new component Remember you may skip th
43. mbers and non members alike can sign up to participate for free in our community copyright awareness program It s easy Once you sign up we send you the Helpful Tips for Handling Professional Photographers brochure that you can deliver to local photo retailers and talk to them about your rights as a photographer and what they can do to abide the law and protect their own liabilities It s an easy snapshot initiative that goes a long way in your copyright protection journey as most photo retailers simply do not receive the necessary education to stop mass infringements Copyright education for photographers Aside from helping you educate your community we try to inform you actively For those who want to know more about protecting your copyrights as a professional photographer we hold copyright education webinars which you can replay at your leisure on PPA com EDU Watch out for the PPA Today newsletter for specific times IP Tad A com COPYRIGHT ASSISTANCE Email copyrightdefense ppa com Phone 800 786 6277 ask for the Copyright DepartmentThe Photographer s Guide to Copyrights What is a copyright A copyright is the exclusive legal right of creators to reproduce distribute publicly display or create derivative works from an original work A copyright also gives its owner the exclusive right to license those usage rights to others What does copyright cover The same law that protects photography also protects other
44. nclude a complete publication date for every individual image included in the group o Failure to include both the name of the employer and the photographer when the images are work for hire creations e Registration of Unpublished Collections o When registering an unpublished collection be sure to give the registration a collective title but do not complete the Title of Work section as a Group Registration The terms Group Registration and Unpublished Collection have very specific meanings to the copyright examiners and should not be used interchangeably o For Form VA users Do not use Form GR PPh Con to list works in an unpublished collection While the title of GR PPh Con is Continuation Sheet for Form VA it may only be used when registering a group of published photographs When making an unpublished group registration you should use the Continuation Sheet for application forms known as Form CON and titled Continuation Sheet for Application Forms e Deposit Errors While you may register a group of published photographs or an unpublished collection on one form you still need to deposit copies of every work being registered Many applicants mistakenly send a single image that is representative of the group being registered this is insufficient under the current regulations P al A Rover Electronic Registration System Guide eCo The Electronic Copyright Office eCO accepts photograp
45. o your particular situation on your options for stopping the practice or possibly even being compensated for the infringement This service is free for PPA members as it is an exclusive benefit of your membership in PPA The Copyright amp Government Affairs department can be reached at 800 786 6277 or copyrightdefense ppa com P al A every Steps You Can Take to Protect Your Copyrights In the past photographers controlled the means of reproducing their images Today s environment is vastly different Technology has advanced to a point where it is easy and not very expensive to reproduce an image This is why it is extremely important that photographers take proactive steps to protect their copyrights and their businesses Yes the Federal Copyright Law states that the images you create are copyrighted from the moment of creation But this won t stop instances of illegal copying of your work Fortunately there are a number of very effective steps you can take to protect your rights 1 Mark your work Marking your images with a copyright notice is the single most effective means of protecting your work from inadvertent infringements It tells the public that this photo was created by a professional photographer and is protected under the Copyright Law It can also communicate who the copyright owner is and how to contact you You can read more about the importance of marking your work on page 7 2 Educate your clients Go beyond
46. ographs and the collection as a whole o All photographs in the collection have to be by the same author photographer or where several photographers are involved at least one has contributed copyrightable authorship to each of the images in the collection o There is no limit to the number of images that may be included in a collection e Special Requirements for Group Registration of Published Photographs The special requirements for registering your work as a Group Registration of Published Photographs are the following o All images in the group must be published o The same photographer must have created all the photographs in the group registration A company that is considered the legal author of all the works created by its photographers may still only register the images of one photographer in a group registration o All photographs in the group must be published within the same calendar year All photographs must have the same copyright claimant o You may include an unlimited number of images on a single group registration of published photographs O Special Note If the images qualify for group registration as published works you may need to complete both Form VA and Form GR PPh CON Form GR PPh CON is a special continuation sheet that requires you to list every image in the group and their first publication dates individually Fortunately you are eligible to avoid filling this lengthy form if e All of
47. opyright In order to be considered valid a copyright transfer must be made in writing between yourself and person or firm requesting your copyrights See Appendix C on P 33 Does owning the copyright mean I can do anything I want with my images No While you own the copyright to your work your clients and subjects also have a right to privacy Based on that you should always have your subjects sign a model release P ial A every What does registration mean Registration is a verifiable record of your copyright so that in the event of a legal claim a case of infringement or plagiarism you can produce a copy from an official government office Registration involves sending your work to the U S Copyright Office along with some paperwork and a registration fee It isn t required by law yet it will immensely increase your ability to enforce your rights in the event of a litigation as you will not be able to claim statutory damage or attorney s fees unless your work was registered prior to the infringement or within 3 months of its publication Do I need to mark my work Technically a copyright mark is not required for protection However as a practical matter we encourage PPA members to mark all of their work The placement of the mark is up to your own personal taste embossed on the front of a print or the back of the print or embedded in the image file properties Since public misconception about copyright is vast t
48. or also retains all rights not expressed in the agreement including advertising rights e Licensee may not transfer this license to other parties without written permission from Licensor e Licensee agrees that altering images is prohibited without first receiving written permission from Licensor In witness thereof the parties execute this agreement Licensor Licensee Photographer Client Studio Name Business Name Studio Address Client Address City State Zip Code City State Zip Code Phone Number Phone Number These forms are provided to PPA members as a guide It is the responsibility of the member to ensure the agreement meets the requirements of their state s laws to be considered a legally binding contract P Dad A E APPENDIX B Unlimited Copyright License Agreement This License Agreement is made this day of 20 between photographer name of studio name hereinafter referred to as Licensor and client name hereinafter referred to as Licensee Whereas Licensor and Licensee hereby agree to the following Licensee is hereby granted a license to reproduce distribute and publicly display the following works Licensor and Licensee agree to the following additional terms 1 Licensor retains all copyright and moral rights to each image Licensor also retains all rights not expressly granted in this agreement including its right to use images for promotional and advertising purposes unless stated ot
49. oup registration of published photographs The most common date problems are the following o Providing only one date for a group registration This is only appropriate if all images were published on the same day o Providing a publication date range of January 1 December 31 If using such a date range you must include the individual dates of publication for each photograph on Form GR PPh CON While the regulation permits registering images from the same year in a single group a photographer may only avoid individually dating each of the photographs in the group if the images being registered were all published within a three month timeframe For example Photographer A does a group registration of published photographs Photographs in the group were first published on a variety of dates ranging from January 15 2009 to August 28 2009 Because the range of dates is greater than three months Photographer A must individually list the publication dates for every photograph being registered Photographer B does a group registration of published photographs Photographs in the group were first published on dates ranging from January 15 2009 to April 2 2009 Since all of the images were first published within a three month period Photographer B may list only the range of publication dates o Incomplete or missing publication dates Unless it falls into the special three month exception a registration must i
50. pset about the copyright message you can blame us or the Federal government PPA members receive a package of 50 PPA Copyright Inserts in their membership kits To order more for 3 00 per package please contact PPA s Member Services at csc ppa com or 800 786 6277 You may also visit PPA com copyright to download and print the inserts yourself Also consider including a line about copyright information in your sales agreements and or in your contracts All photography by ABC Studio is protected from copying scanning P ial A every reproduction enhancement or manipulation by Federal Law Further you may want to add something like We agree to return to ABC Studio for any copying scanning reproduction enhancement or manipulation 3 Consider copyright registration Registering your copyright with the United States Copyright Office gives you more enforcement options With your work registered you can sue for court costs attorney fees and statutory damages Without registration you can only seek actual damages For helpful tools on navigating copyright registration check out pages 10 21 And for more information on Copyright Law visit Copyright gov 4 Adapt how your business operates This will not only protect your copyrights but it can also increase your sales Many photographers use a business model that was developed when the artists controlled the means of reproducing or publishing their work You may want
51. really no right or wrong way to mark an image with a graphic copyright notice You just have to decide what works for you Remember to balance your aesthetic considerations with what will provide the best protection Finally if you choose to mark your work in this manner make sure you inform your clients verbally and in their contracts You always want to set your clients expectations accurately It s best they know ahead of time that the prints or files they purchase will contain your mark Using a Non Visual Notice If you would rather not put anything onto a finished print or digital image consider using a few invisible methods of protecting your copyrights Talk to your lab about special finishes Certain finishes make images more difficult for clients to scan or reproduce without taking away from the quality of the image Whether you select a textured photo paper or other protective finish your clients may never notice the fact that you ve made your copyright more secure Use digital fingerprinting technology If you primarily exchange digital files with your clients you may want to use embedded metadata or a similar digital fingerprint to make sure anyone who comes across the file knows it is your work This can be as simple as programming your camera or post production software to do the work for you To learn how to embed metadata or similar copyright creator information we recommend you consult your
52. saying your photography is protected by U S copyright law Your clients likely do not have a complete conception of the Law Use simple and straightforward language such as all photography by ABC Studio is protected from copying scanning or reproduction under Federal Law Include the copyright message in your materials and consider displaying some well done signage in the reception and selling rooms if you have such spaces in your studio Please do not depend on your clients reading the small print The message does not need to scream out at them but it shouldn t be hidden either Most importantly have conversations with your clients about what they can and cannot do with purchased images Some opportunities to do so may be during the initial consultation when going over the contract when the client is placing their order or picking up their products etc You don t want these conversations to seem like lectures so remember to be educational and positive Focus on what the clients can do with the images depending on the usage you have authorized and remind them that they will get higher quality products when they get them from you Also include copyright information with the products you deliver like prints albums disks etc PPA provides such a copyright insert It is a well written and non threatening message explaining what copyright means with photographs Because it comes from PPA if your clients ever become u
53. that you only need to provide the YEAR F Date of publication This field only applies for registering published works So you may skip this field if you are registering unpublished works For published works provide the date of first publication G ISBN Skip this field unless you are registering a published work containing an International Standard Book Number ISBN code Please know that the U S Copyright Office does not assign ISBN codes If you are registering an item with an ISBN code talk P fal A Bevery to your publishing house or contact R R Bowker at isbn org or bowker com for more information H Nation of publication Skip this field if you are registering unpublished works If you are registering previously published works select United States if 1 The work was first published in the U S A 2 The work was published abroad and in the U S A simultaneously 3 The work was published abroad and in the U S A within 30 days of initial publication You may check circular 38a International Copyright Relations of the United States to verify that country in which the works were published has signed the Berne Copyright Convention If you do not meet the above criteria you will need to select Other and type in the name of the country I J Published as a contribution in a larger work Skip this field unless the photograph s you are registering have been published as part of a larger work Complete
54. the photographs in the group registration were published no more than three months prior to the application fee and deposit arriving at the Copyright Office In those instances an exact creation date for each image is not mandatory Instead you may use a range of dates covering no more than the three month period e Each of the images you deposit contains a date of publication on the work If you meet these requirements you can still complete Form GR PPh CON if you chose to as it does provide a more complete record of the work you are registering However the time consumed by this process is such that most photographers find it easier to avoid this extra step The Copyright Deposit You must send to the U S Copyright Office at least one copy of every image you are registering even if the images are part of a published group or unpublished collection If you are registering an unpublished single image you must submit one complete copy of the work with your registration form If the image is published you must submit two copies of the best edition of the work For photographs the best edition of the published work is the most widely distributed edition in the form of an 8x10 inch glossy print other sizes permitted but are less preferable on archival quality paper rather than less permanent paper stock and printing Special Note You can also register via the Electronic Copyright Office eCO system and submit
55. tions if you are stuck in this registration process 800 786 6277 or copyrightdefense ppa com P Tid A Bevery The Basics of Copyright Registration On the next few pages you will find single and multiple image registration considerations and helpful hints on completing your application accurately You will still want to visit Copyright gov for the most up to date information on registering works of visual art There are four different ways photographers can register their work with the U S Copyright Office e Registration of single images e Group registration of published photographs e Registration of an unpublished collection of photographs e Registration method Contribution to Periodicals technically available but are omitted in the descriptions below as the group registration of published photographs achieves the same goal and provides more flexibility in how you deposit your work All copyright registrations have these three things in common 1 A completed registration application application supplied by the U S Copyright Office e Electronic Copyright Office eCO System or e Form VA and component forms 2 A deposit submission of copies of the work s being registered 3 A per application registration fee Single Image Registration The three above items are the only things required for registering a single image A one at a time approach works well if you are only submitting the occasional photo
56. u are submitting a single image or photographs if you are registering a group of images Previous or Alternative Titles If you are registering a group of published photographs this section must include the words Group Registration Photos along with the number of photographs in the group For example Group Registration Photos app 500 images For a single image registration provide any alternative title that the work might be known under so that it is easier for those searching in the registration records to find you SPACE 2 of the VA Form AUTHOR S 2a Name of Author Author has a special definition here In many cases the author will be the same as the photographer who created the image This situation changes when photographers incorporate their businesses and list themselves as employees Where the photographer is an actual employee of the business not an independent contractor the business is considered the author of the photograph When using a business name you must use the full legal name of the employer If you like you may also include your own name on this line as well If you are completing a group registration for published photographs made as work for hire work then you must use both the employer and photographer names The format should be NAME OF COMPANY employer for hire of NAME OF ACTUAL PHOTOGRAPHER Dates of Birth and Death Unless you have the ability to predict future events
57. vious registrations that might occur in the photography context are the registration of a published edition of a work that was registered in unpublished form If there was a prior registration you will need to supply the prior registration number from the copyright certificate and the year of that previous registration SPACE 6 DERIVATIVE WORK OR COMPILATION This section is only required if the work being registered meets two criteria 1 The work is a changed version compilation or derivative work and 2 It incorporates one or more earlier works that have already been published or registered or have fallen into the public domain In other words the work is either pre existing material arranged to create a new work or is based on another pre existing work A photographic example would be a photo montage incorporating photographs that have already been published or registered SPACE 7 FEE amp CORRESPONDENCE 7 A Deposit Account Usually left blank This section only applies if you have set up a deposit account a pre paid account used to cover the cost of registration Deposit accounts can be set up through the U S Copyright Office for those that do a minimum of 12 registrations a year 7 B Correspondence The U S Copyright Office will use the information you supply here if they have questions or other concerns about the application SPACE 8 CERTIFICATION This section is required to help ensure that copyright registrations
58. ws E E E A A E ead bi ed aca Sosedaey E A E AA E A E N 31 The PPA Copyright Kit is not intended to be legal advice instead it is a compilation of information bringing together a variety of copyright materials into a single document For advice on your specific situation contact PPA s Copyright amp Government Affairs department at 800 786 6277 or copyrightdefense ppa com For legal counsel speak with a local attorney Introduction What is Copyright Copyright is the exclusive right of a photographer to control the use and reproduction of the photographs they create Violators of this law are subject to both civil and criminal penalties Copyright does not give photographer the right to freely use their images as they wish State laws determine the need for a model release from the subjects of the images for certain commercial uses Copyright does however prevent others from using professionally created images without the photographer s express permission The Federal Copyright Act U S C Title 17 and other cases establish the following e A copyright comes into existence automatically the moment a professional photograph is created e By law that copyright belongs to the photographer or the photographer s studio e A customer who commissions and purchases the photograph does not thereby obtain ownership of the copyright e Any transfer of the copyright s ownership to a customer must be outlined in writing e A lab

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