US Copyright Office: With Concensum is additional photographic protection required?

Concensum knows dealing with image piracy on a global scale is tricky as copyright law is still territorial. The closest we get to a global copyright law is the Berne Convention for the Protection of Literary and Artistic Works, established in 1886, which aids in photographic protection. The agreement now includes over 190 countries, including the UK, France, Germany, Australia.

The US initially had reservations of signing due to the changes it would have on their own copyright law. They finally joined the Berne Convention more than 100 years after its establishment in 1989 but amended some of their laws so that registration plays a major role in taking infringements to court.

Now, just like Europe, in the US copyright is free and instant. You don´t need to do anything to create it. Photography protection is done this way to encourage people to keep being creative. If everything we ever made could be easily stolen we wouldn’t be so keen on making and sharing it, right?

So how does the Copyright office play a role?

If that´s the case, then what´s all the fuss with registering with US Copyright Office for photography protection? Considering it costs around $35 a picture it´s really something you have to take into consideration before registering. What are the actual benefits of it? Here are some listed on the offices website:

  • Registration allows the owner of the copyright to record the registration with the U.S. Customs Service for protection against the importation of infringing copies.
  • If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
  • Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin.
  • If made before or within five years of publication, registration will establish evidence in court of the validity of the copyright and of the facts stated in the certificate.

The fact you can only go to federal court with a registered piece of work is one of the main reasons for registering. Another one is for statutory damages, but what exactly constitutes as a Statutory Damage?

Statutory Damages

Statutory Damages are defined as, ‘predetermined payments established by law to compensate for certain injuries’. Statutory damages are sometimes used in cases where it is too difficult to calculate actual damages. This is a really nice perk of the registration and the statutory damages can range from anywhere between $750 to $150,000!

Should anyone outside of the United States consider registering with the US Copyright Office?

Concensum warns photographers that even though you’re not based in the US doesn’t mean your work won´t be published there. With the internet as it is, you can never be sure where your work might end up once you share it online.

If your work is created outside of the US it´s not mandatory to have your work registered in order to file a lawsuit. However, if you register early statutory damages are still applicable.

It´s always important to remember, when you share an image online it could end up anywhere. If it was found duplicated in a foreign country like the U.S., without Concensum, you would need to solely take on the finical risk going to court.

Concensum understands the importance of global protection. We take care of your rights, no matter what country you live in or where your images are being used. Whether deciding to register in the U.S. or not, definitely consider registering your work with us first and other national services second to be well protected.