Copyright is an extremely important consideration for photographers and other types of artists, but many new photographers don’t consider the value of copyright protection until they’ve experienced an infringement on their intellectual property. But knowing how to copyright an image is essential for professional photographers.
Just like you would insure your gear before you take it on an overseas vacation, you should always copyright your original work before you publish it on the internet. If you’re new to the idea of copyright claims, copyright protections, and concepts like protecting your creative works from infringement, we’ll cover all the basics and help you get started with copyright registration.
As an aside, when it comes to nonfungible tokens (NFTs), the question of copyright is important. When you sell your photo or image as an NFT, you may continue to retain copyright.
What Does U.S. Copyright Law Say About Copyright Ownership?
Any type of visual artist, including photographers, owns the copyright to their published and unpublished works by default. The moment you click the shutter, you own the copyright for your images. The only potential exception to that rule is if you’re contracted to take the photographs in question and you signed that copyright away to the client or employer who hired you.
Unfortunately, even though you automatically own the copyright to your artistic work, you can’t bring copyright claims to federal court if you haven’t officially registered your copyright with the U.S. Copyright Office. It’s significantly easier to get the results you want and initiate an infringement lawsuit if you officially register your copyrighted material.
What Counts As Copyright Infringement?
Copyright infringement is any sort of unauthorized use of your copyrighted material. Here are a few common types of copyright infringement:
- A company uses your image in their digital advertising without your permission
- An individual crops your watermark off an image from your website and reshares it online
- A former client uses the images you’ve taken in a way that’s outside the scope of your contract with them
- An organization creates T-shirts or some other tangible form of your image for sale without your permission
These are just a few of the ways that your copyrighted material can be stolen. Fortunately, the U.S. offers legal protections for many types of works including digital photographs.
Why Should I Register My Images With the U.S. Copyright Office?
While it’s true that you automatically retain the copyright for works you create, it’s easier to enforce your copyright ownership and get the legal results you want if you officially register it. There are many organizations in the U.S. that focus on protecting artists’ legal rights, but they typically handle only stronger cases with officially registered copyright protection.
If you haven’t registered your copyright, you can still send a takedown notice to the infringing party or threaten legal action. However, you’re unlikely to have as much legal success pursuing protections for unregistered materials.
How to Register Image Copyrights
The first step of registering image copyrights is ensuring that you are the valid copyright owner. In order to register a copyright, your image needs to meet these criteria
- The image needs to be an original work.
- The image has to be a “tangible” object. This can mean a digital photograph, but it can’t just be an abstract concept like the idea of an image you plan to take in the future.
- You created the image while working for yourself. If you were under contract with another party and that contract assigns copyright to anyone else, you can’t register it yourself.
If you meet those requirements, then registering is a simple and straightforward process.
- Fill out the U.S. Copyright Application Form online or by printing a hard copy and mailing it to the U.S. Copyright Office.
- Provide a copy of the work you’re copyrighting either physically or digitally.
- Pay the required filing fee and submit your copyright application. Though it may take time for the U.S. Copyright Office to process your application, your copyright will officially become effective on the date you submit all necessary materials.
If you have any questions about the particulars related to filing your copyright, visit the U.S. Copyright Office website.
What to Do When Someone Infringes on Your Intellectual Property
Once you register your image copyright, you can seek legal help should you ever discover an infringement. Nonprofit photography organizations like PPA (Professional Photographers of America) and Copyright Alliance offer a variety of great resources for photographers seeking legal advice and assistance about copyright protections.
Feature photo by Markus Winkler on Unsplash
