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 Originally Posted by John R.  Copyright registration is a rouse? You are kidding me right? QG, I hope you never have images stolen and have to hire counsel to defend your rights. He/she is going to ask you why you did not register your work before placing it in the public domain. You need PROOF and that is what the toolof registration is for, to assist you in defending what is yours by virtue of it's creation. Good luck without it. I keep telling this: it is not difficult at all to get what rightfully is yours in most countries that have signed the treaty, but do not (!) demand an additional registration.
Never a problem.
It's in fact easier than when a court limits what you may ask for in court, just because you didn't pay the fee.
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Okay, QG, should people register their images? I'm not asking if the system is right or fair or properly priced. Is registration an advisable route for photographers to take to best protect their copyright?
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Originally Posted by billbretz Okay, QG, should people register their images? I'm not asking if the system is right or fair or properly priced. Is registration an advisable route for photographers to take to best protect their copyright? Bill ..... I'll chime in on that for you. What copyright registration does for you under US law is that it creates a unquestionable public record of the ownership of your images. That empowers you dramatically in the event of infringement of your rights as the copyright holder. As a result of that registration your remedy in a lawsuit is far reaching in scope for damages and not limited. In addition, people that do not understand Copyright Registration fail to realize they would not be able to file litigation against someone in the US if the copyrighted work is not registered. How International copyright is affected in other countries by US Copyright Registration I am not real clear on and you should consult with a copyright attorney. The answer to your question is a resounding... YES if you publish your work or place it in any public domain. Otherwise, I would suggest it is optional. Keep in mind there are conditions on how a item is automatically protected by copyright when a photo for example is created. It must be fixed ( I think stable is the proper term) and that may affect the way a infringement claim might be viewed. Always a sound practice to be sure you have a printed example of any photo you wish to protect. Do not rely on digitally stored files. They may not be valid in a claim of infringement. Print anything important or just shoot film and have some peace of mind. If you put any work into the public domain you best register it or forget about suing someone if you suffer infringement.
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John-
Thanks, your explanation jives with my understanding. What I really wanted to know, though, was QC's take, as he has strong opinions on the US copyright registration process. In my opinion he is misleading folks about the benefits of registration.
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Originally Posted by billbretz Okay, QG, should people register their images? If that gives them a better chance, by all means, yes.
Because that, alas, is how it works in the U.S.
Deplorable, because there is a law that says what your rights are, but despite there being that law, you have to deal with stuff both not regulated by law and in fact contrary to what law says, like "people [...] would not be able to file litigation against someone in the US if the copyrighted work is not registered."
But if that how it works, playing along with the man's protection racket would be smart.
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Originally Posted by Q.G. If that gives them a better chance, by all means, yes.
Because that, alas, is how it works in the U.S.
Deplorable, because there is a law that says what your rights are, but despite there being that law, you have to deal with stuff both not regulated by law and in fact contrary to what law says, like "people [...] would not be able to file litigation against someone in the US if the copyrighted work is not registered."
But if that how it works, playing along with the man's protection racket would be smart. QG ... There is nothing "deplorable" about US Copyright Law. Quite the contrary, in fact, it enhances a persons rights by broadening the scope of a infringed individuals rights of remedy in litigation. It seems this is what you do not understand. You don't need to sue someone to tell them to cease and desist. Evidence this by the situation mentioned on Photo.net that started this thread commentary. Those stolen images have all been taken down. Suing is for damages, the registration process is there to facilitate and streamline that process in court if and when the need arises. It is a far better system than what you have at your disposal in countries without the evidence mechanism where you would have to work very hard at proving your infringement case damages and try to convince the court to reward you damages which you would have to prove and that requires a lot of legal time and expense. Registration in the US saves you all that hassle. Also, don't overlook that US Copyright Registration is highly regarded and used as strong evidence in many foreign countries, such as England for an example. The system is hardly a "racket" as you stated it to be and that is a highly unfair characterization by you of what the US provides to us photographers and other creatives to fully protect our hard work when it is placed in the public domain. If you place your images in a public domain I wish you the best in simply relying on a fundamental copyright issuance to afford you full recourse in the event you suffer an infringement.
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John,
It's perhaps doesn't seem likely to you, but you can get all that without the extra registration.
At least over here, where we do not even have the possibility to register copyright.
It works fine, absolutely no worries. No need for a registration.
Really!
If there is, demonstrably, no need for such a thing, but someone somewhere makes it a condition, what else but a racket would it be?
The deplorable bit is that if someone in the U.S. steals my images, the U.S. court will not take me seriously, because of some local stipulation added by the U.S. to what the treaty says.
(The same goes for U.S. citizens who have their images stolen of course. But if they chose to see it as something they can't do without, who am i to feel sorry for them?  )
Last edited by Q.G.; 03-20-2010 at 06:30 PM.
Reason: removed one "the" that was too many
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Originally Posted by Q.G. The deplorable bit is that if someone in the U.S. steals my images, the U.S. court will not take me seriously, because of some local stipulation added by the U.S. to what the treaty says. Especially if that person registers the stolen images as his own. The registration system doesn't prove ownership, it just proves that someone has registered an image.
Steve.
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QG, I find all your statements very strange since you are in the Netherlands, where most of the Copyright infringement happens when it comes to torrents and false software passwords.
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I used to get mad when someone would copy my photographs. Not anymore as I consider it a compliment. I spend my time on other things.
What changed me? It's a combination of getting older, changing priorities and a discussion I had with my Coach, Monte Zucker when he was alive, a long while ago. It would be hard for someone to duplicate my photographs. Yes, someone can copy them but I hope when this is done it is to learn and apply it to the photographs they make.
How do you replicate my personality? How do you replicate the rapport I have with my clients causing them to be friends with me? Can't be done because you aren't me. How do I get subjects to look natural, not nervous when being photographed? Could it be chemistry? Is there more to people photography than technicals like cameras, lighting, posing and composition? I've got clients who I was honored to tell their wedding story with photography and now have families and still want me to photograph them. Sometimes I can't believe I'm getting paid to do this!
I don't want my subjects to look like they are scared! I want to make them more beautiful than they actually are. I'm still working at it. But I'm slowing down, smell the roses, doing things like photographing my grandchildren.
Life is wonderful!
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