Copyrighting

I assume that you don't need to have an image registered with the U.S. Copyright Office to water mark your image with something like "(c) 2009 John Smith". Is this correct?

Just out of curiosity, who here registers their work with the Copyright Office? Do you register all your work, or just images that you are planning to sell or publish?

Since it costs per submission and you never know what sells, if you want to register in the US it seems best to register everything.
There is no official copyright registry in the UK (though lots of companies will take your money for it) and no requirement for registration here.
Other countries vary, so I'd suggest to everyone you talk to someone local.

Thanks to the 1988 Berne Convention, there is no longer a registration requirement in the US. Copyright vests the moment you take the photo. So, yes, go right ahead and watermark to your heart's content - that's called "notice" by us legal types, which is a good thing b/c it takes away the argument that a person didn't know the image was copyrighted.

But to get maximum damages, registration in the US is still advisable, from the legal guides I've seen on the internet.

Thanks for the US specific answer, Brad.

Paul, I agree. Looks like if you have copyright registration in the US, all losses are reimbursed, including attorney fees. If you aren't registered, you may be able to recover some damages, but it's a lot harder.

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Originally Posted by SmartWombat

But to get maximum damages, registration in the US is still advisable, from the legal guides I've seen on the internet.

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Very true... www.copyright.gov ........As I understand it........

In the US, your image has to be registered with the Copyright Office before you can file suit for infringement. The date you register, relative to the date of first publication, determines if suit can be filed for actual damages or statutory damages. Actual damages are harder to prove and justify.

If an infringer can prove the infringement was unknowing and unintentional, the court is allowed to award the princely sum of $200.

Conversely, if your attorney can prove the infringment was in fact willful, and you were allowed to file for statutory damages, the court is allowed to award as much as $150,000 per image, plus court costs and attorney fees.

Trouble is, it can cost a couple of $'s to file suit and go to court

Images can be registered in bulk, up to 750 images at a time if they were all taken in the same year. Images are registered in one of two categories, published and unpublished. Each category requires it's own regisration application and the two can not be mixed.