Topics

On Copyright (US)

 

Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
More info: https://www.copyright.gov/fair-use/
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
https://www.copyright.gov/circs/circ01.pdf
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 

Mary Aiu
 

Thank you Tracy for this info! Again, as always, thank you for sharing your thoughts. I for one, appreciate you taking the time. 

Best,

Mary Aiu


On May 6, 2018, at 10:18 AM, Tracy Valleau <tracy@...> wrote:

Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 

 

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 




 

Thanks for the info! Just curious if you register all your photos?

Z



On May 7, 2018, at 7:10 AM, Cara Weston <caraweston@...> wrote:

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 






-- 

 

Every couple of years, I gang them all together and use the electronic method to register them all.

T



On 7 May 2018, at 12:24, Steve Zmak wrote:

Thanks for the info! Just curious if you register all your photos?

Z



On May 7, 2018, at 7:10 AM, Cara Weston <caraweston@...> wrote:

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 






-- 


Tracy
www.valleau.art




--
Tracy Valleau, moderator

www.valleau.art

 

Thanks!

Z


On May 7, 2018, at 12:29 PM, Tracy Valleau <tracy@...> wrote:

Every couple of years, I gang them all together and use the electronic method to register them all.

T



On 7 May 2018, at 12:24, Steve Zmak wrote:

Thanks for the info! Just curious if you register all your photos?

Z



On May 7, 2018, at 7:10 AM, Cara Weston <caraweston@...> wrote:

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 






-- 


--
Tracy Valleau, moderator

www.valleau.art


 

Okay, so I’m finally getting to this, registering my photos for the first time. I’ve created my account with the U.S. Copyright Office, and I’m starting the online submission process. But I’m already stuck on whether I should be registering as unpublished or published photos. This first batch is my recent Alaska work, about 800 photos. I have transferred usage rights to my client. I intend to sell prints and license commercial use online through my website and AlaskaStock.com, but nothing has been made available as of the filing for the copyright. Would this be published or unpublished? I haven’t been able to find clear definitions on the website. Thanks!

Z


On May 7, 2018, at 12:29 PM, Tracy Valleau <tracy@...> wrote:

Every couple of years, I gang them all together and use the electronic method to register them all.

T



On 7 May 2018, at 12:24, Steve Zmak wrote:

Thanks for the info! Just curious if you register all your photos?

Z



On May 7, 2018, at 7:10 AM, Cara Weston <caraweston@...> wrote:

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 






-- 


--
Tracy Valleau, moderator

www.valleau.art


 

Okay, so I’m finally getting to this, registering my photos for the first time. I’ve created my account with the U.S. Copyright Office, and I’m starting the online submission process. But I’m already stuck on whether I should be registering as unpublished or published photos. This first batch is my recent Alaska work, about 800 photos. I have transferred usage rights to my client. I intend to sell prints and license commercial use online through my website and AlaskaStock.com, but nothing has been made available as of the filing for the copyright. Would this be published or unpublished? I haven’t been able to find clear definitions on the website. Thanks!

Z


On May 7, 2018, at 12:29 PM, Tracy Valleau <tracy@...> wrote:

Every couple of years, I gang them all together and use the electronic method to register them all.

T



On 7 May 2018, at 12:24, Steve Zmak wrote:

Thanks for the info! Just curious if you register all your photos?

Z



On May 7, 2018, at 7:10 AM, Cara Weston <caraweston@...> wrote:

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 






-- 


--
Tracy Valleau, moderator

www.valleau.art



Tracy
www.valleau.art




--
Tracy Valleau, moderator

www.valleau.art

 

Hi Tracy,

Thanks for the talk last night. I really appreciate it! Attached is the info about registering groups of published photos shot in the same calendar year.

Z




On Jul 16, 2018, at 10:56 AM, Tracy Valleau <tracy@...> wrote:

Okay, so I’m finally getting to this, registering my photos for the first time. I’ve created my account with the U.S. Copyright Office, and I’m starting the online submission process. But I’m already stuck on whether I should be registering as unpublished or published photos. This first batch is my recent Alaska work, about 800 photos. I have transferred usage rights to my client. I intend to sell prints and license commercial use online through my website and AlaskaStock.com, but nothing has been made available as of the filing for the copyright. Would this be published or unpublished? I haven’t been able to find clear definitions on the website. Thanks!

Z


On May 7, 2018, at 12:29 PM, Tracy Valleau <tracy@...> wrote:

Every couple of years, I gang them all together and use the electronic method to register them all.

T



On 7 May 2018, at 12:24, Steve Zmak wrote:

Thanks for the info! Just curious if you register all your photos?

Z



On May 7, 2018, at 7:10 AM, Cara Weston <caraweston@...> wrote:

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 






-- 


--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art


 

Hi Tracy,

One more question (I hope!)…  Should B&W and color versions of the same image be registered separately? Thanks!

Z


On Jul 18, 2018, at 10:17 AM, Steve Zmak <steve@...> wrote:

Hi Tracy,

Thanks for the talk last night. I really appreciate it! Attached is the info about registering groups of published photos shot in the same calendar year.

Z
<Group Registration of Published Photographs-fl124.pdf>




On Jul 16, 2018, at 10:56 AM, Tracy Valleau <tracy@...> wrote:

Okay, so I’m finally getting to this, registering my photos for the first time. I’ve created my account with the U.S. Copyright Office, and I’m starting the online submission process. But I’m already stuck on whether I should be registering as unpublished or published photos. This first batch is my recent Alaska work, about 800 photos. I have transferred usage rights to my client. I intend to sell prints and license commercial use online through my website and AlaskaStock.com, but nothing has been made available as of the filing for the copyright. Would this be published or unpublished? I haven’t been able to find clear definitions on the website. Thanks!

Z


On May 7, 2018, at 12:29 PM, Tracy Valleau <tracy@...> wrote:

Every couple of years, I gang them all together and use the electronic method to register them all.

T



On 7 May 2018, at 12:24, Steve Zmak wrote:

Thanks for the info! Just curious if you register all your photos?

Z



On May 7, 2018, at 7:10 AM, Cara Weston <caraweston@...> wrote:

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 






-- 


--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art



 

I don't know. I suppose it wouldn't hurt, but that's a question for a lawyer.

On 24 Jul 2018, at 14:22, Steve Zmak wrote:

Hi Tracy,

One more question (I hope!)…  Should B&W and color versions of the same image be registered separately? Thanks!

Z


On Jul 18, 2018, at 10:17 AM, Steve Zmak <steve@...> wrote:

Hi Tracy,

Thanks for the talk last night. I really appreciate it! Attached is the info about registering groups of published photos shot in the same calendar year.

Z
<Group Registration of Published Photographs-fl124.pdf>




On Jul 16, 2018, at 10:56 AM, Tracy Valleau <tracy@...> wrote:

Okay, so I’m finally getting to this, registering my photos for the first time. I’ve created my account with the U.S. Copyright Office, and I’m starting the online submission process. But I’m already stuck on whether I should be registering as unpublished or published photos. This first batch is my recent Alaska work, about 800 photos. I have transferred usage rights to my client. I intend to sell prints and license commercial use online through my website and AlaskaStock.com, but nothing has been made available as of the filing for the copyright. Would this be published or unpublished? I haven’t been able to find clear definitions on the website. Thanks!

Z


On May 7, 2018, at 12:29 PM, Tracy Valleau <tracy@...> wrote:

Every couple of years, I gang them all together and use the electronic method to register them all.

T



On 7 May 2018, at 12:24, Steve Zmak wrote:

Thanks for the info! Just curious if you register all your photos?

Z



On May 7, 2018, at 7:10 AM, Cara Weston <caraweston@...> wrote:

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 






-- 


--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art




Tracy
www.valleau.art




--
Tracy Valleau, moderator

www.valleau.art

 

In the case that I have worked up different versions, I have them with different file names so why not. But for the future, I’m wondering if I register the color version now, because that’s all I worked up, and create a B&W version a couple years from now if it would be covered?

Z


On Jul 24, 2018, at 2:25 PM, Tracy Valleau <tracy@...> wrote:

I don't know. I suppose it wouldn't hurt, but that's a question for a lawyer.

On 24 Jul 2018, at 14:22, Steve Zmak wrote:

Hi Tracy,

One more question (I hope!)…  Should B&W and color versions of the same image be registered separately? Thanks!

Z


On Jul 18, 2018, at 10:17 AM, Steve Zmak <steve@...> wrote:

Hi Tracy,

Thanks for the talk last night. I really appreciate it! Attached is the info about registering groups of published photos shot in the same calendar year.

Z
<Group Registration of Published Photographs-fl124.pdf>




On Jul 16, 2018, at 10:56 AM, Tracy Valleau <tracy@...> wrote:

Okay, so I’m finally getting to this, registering my photos for the first time. I’ve created my account with the U.S. Copyright Office, and I’m starting the online submission process. But I’m already stuck on whether I should be registering as unpublished or published photos. This first batch is my recent Alaska work, about 800 photos. I have transferred usage rights to my client. I intend to sell prints and license commercial use online through my website and AlaskaStock.com, but nothing has been made available as of the filing for the copyright. Would this be published or unpublished? I haven’t been able to find clear definitions on the website. Thanks!

Z


On May 7, 2018, at 12:29 PM, Tracy Valleau <tracy@...> wrote:

Every couple of years, I gang them all together and use the electronic method to register them all.

T



On 7 May 2018, at 12:24, Steve Zmak wrote:

Thanks for the info! Just curious if you register all your photos?

Z



On May 7, 2018, at 7:10 AM, Cara Weston <caraweston@...> wrote:

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 






-- 


--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art




--
Tracy Valleau, moderator

www.valleau.art


 

I would expect so, but INAL.


On 24 Jul 2018, at 14:35, Steve Zmak wrote:

In the case that I have worked up different versions, I have them with different file names so why not. But for the future, I’m wondering if I register the color version now, because that’s all I worked up, and create a B&W version a couple years from now if it would be covered?

Z


On Jul 24, 2018, at 2:25 PM, Tracy Valleau <tracy@...> wrote:

I don't know. I suppose it wouldn't hurt, but that's a question for a lawyer.

On 24 Jul 2018, at 14:22, Steve Zmak wrote:

Hi Tracy,

One more question (I hope!)…  Should B&W and color versions of the same image be registered separately? Thanks!

Z


On Jul 18, 2018, at 10:17 AM, Steve Zmak <steve@...> wrote:

Hi Tracy,

Thanks for the talk last night. I really appreciate it! Attached is the info about registering groups of published photos shot in the same calendar year.

Z
<Group Registration of Published Photographs-fl124.pdf>




On Jul 16, 2018, at 10:56 AM, Tracy Valleau <tracy@...> wrote:

Okay, so I’m finally getting to this, registering my photos for the first time. I’ve created my account with the U.S. Copyright Office, and I’m starting the online submission process. But I’m already stuck on whether I should be registering as unpublished or published photos. This first batch is my recent Alaska work, about 800 photos. I have transferred usage rights to my client. I intend to sell prints and license commercial use online through my website and AlaskaStock.com, but nothing has been made available as of the filing for the copyright. Would this be published or unpublished? I haven’t been able to find clear definitions on the website. Thanks!

Z


On May 7, 2018, at 12:29 PM, Tracy Valleau <tracy@...> wrote:

Every couple of years, I gang them all together and use the electronic method to register them all.

T



On 7 May 2018, at 12:24, Steve Zmak wrote:

Thanks for the info! Just curious if you register all your photos?

Z



On May 7, 2018, at 7:10 AM, Cara Weston <caraweston@...> wrote:

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 






-- 


--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art




--
Tracy Valleau, moderator

www.valleau.art



Tracy
www.valleau.art




--
Tracy Valleau, moderator

www.valleau.art

 

INAL, is that the opposite of ESQ.?  : )

Z



On Jul 24, 2018, at 2:44 PM, Tracy Valleau <tracy@...> wrote:

I would expect so, but INAL.


On 24 Jul 2018, at 14:35, Steve Zmak wrote:

In the case that I have worked up different versions, I have them with different file names so why not. But for the future, I’m wondering if I register the color version now, because that’s all I worked up, and create a B&W version a couple years from now if it would be covered?

Z


On Jul 24, 2018, at 2:25 PM, Tracy Valleau <tracy@...> wrote:

I don't know. I suppose it wouldn't hurt, but that's a question for a lawyer.

On 24 Jul 2018, at 14:22, Steve Zmak wrote:

Hi Tracy,

One more question (I hope!)…  Should B&W and color versions of the same image be registered separately? Thanks!

Z


On Jul 18, 2018, at 10:17 AM, Steve Zmak <steve@...> wrote:

Hi Tracy,

Thanks for the talk last night. I really appreciate it! Attached is the info about registering groups of published photos shot in the same calendar year.

Z
<Group Registration of Published Photographs-fl124.pdf>




On Jul 16, 2018, at 10:56 AM, Tracy Valleau <tracy@...> wrote:

Okay, so I’m finally getting to this, registering my photos for the first time. I’ve created my account with the U.S. Copyright Office, and I’m starting the online submission process. But I’m already stuck on whether I should be registering as unpublished or published photos. This first batch is my recent Alaska work, about 800 photos. I have transferred usage rights to my client. I intend to sell prints and license commercial use online through my website and AlaskaStock.com, but nothing has been made available as of the filing for the copyright. Would this be published or unpublished? I haven’t been able to find clear definitions on the website. Thanks!

Z


On May 7, 2018, at 12:29 PM, Tracy Valleau <tracy@...> wrote:

Every couple of years, I gang them all together and use the electronic method to register them all.

T



On 7 May 2018, at 12:24, Steve Zmak wrote:

Thanks for the info! Just curious if you register all your photos?

Z



On May 7, 2018, at 7:10 AM, Cara Weston <caraweston@...> wrote:

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 






-- 


--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art




--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art


 

upside down

On 24 Jul 2018, at 14:46, Steve Zmak wrote:

INAL, is that the opposite of ESQ.?  : )

Z



On Jul 24, 2018, at 2:44 PM, Tracy Valleau <tracy@...> wrote:

I would expect so, but INAL.


On 24 Jul 2018, at 14:35, Steve Zmak wrote:

In the case that I have worked up different versions, I have them with different file names so why not. But for the future, I’m wondering if I register the color version now, because that’s all I worked up, and create a B&W version a couple years from now if it would be covered?

Z


On Jul 24, 2018, at 2:25 PM, Tracy Valleau <tracy@...> wrote:

I don't know. I suppose it wouldn't hurt, but that's a question for a lawyer.

On 24 Jul 2018, at 14:22, Steve Zmak wrote:

Hi Tracy,

One more question (I hope!)…  Should B&W and color versions of the same image be registered separately? Thanks!

Z


On Jul 18, 2018, at 10:17 AM, Steve Zmak <steve@...> wrote:

Hi Tracy,

Thanks for the talk last night. I really appreciate it! Attached is the info about registering groups of published photos shot in the same calendar year.

Z
<Group Registration of Published Photographs-fl124.pdf>




On Jul 16, 2018, at 10:56 AM, Tracy Valleau <tracy@...> wrote:

Okay, so I’m finally getting to this, registering my photos for the first time. I’ve created my account with the U.S. Copyright Office, and I’m starting the online submission process. But I’m already stuck on whether I should be registering as unpublished or published photos. This first batch is my recent Alaska work, about 800 photos. I have transferred usage rights to my client. I intend to sell prints and license commercial use online through my website and AlaskaStock.com, but nothing has been made available as of the filing for the copyright. Would this be published or unpublished? I haven’t been able to find clear definitions on the website. Thanks!

Z


On May 7, 2018, at 12:29 PM, Tracy Valleau <tracy@...> wrote:

Every couple of years, I gang them all together and use the electronic method to register them all.

T



On 7 May 2018, at 12:24, Steve Zmak wrote:

Thanks for the info! Just curious if you register all your photos?

Z



On May 7, 2018, at 7:10 AM, Cara Weston <caraweston@...> wrote:

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 






-- 


--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art




--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art



Tracy
www.valleau.art




--
Tracy Valleau, moderator

www.valleau.art

 

I lied. I have one more question. I’ve looked through the guides, contacted the copyright office (no help), and still can’t find the spec.s for the files for upload. Is there a preferred file size for registering photos? Does it matter? Do you upload the native file size or a smaller proof? I’ll be uploading 750 with my first application which could take a very long time at full-res. Advice? Thanks!

Z


On Jul 24, 2018, at 2:47 PM, Tracy Valleau <tracy@...> wrote:

upside down

On 24 Jul 2018, at 14:46, Steve Zmak wrote:

INAL, is that the opposite of ESQ.?  : )

Z



On Jul 24, 2018, at 2:44 PM, Tracy Valleau <tracy@...> wrote:

I would expect so, but INAL.


On 24 Jul 2018, at 14:35, Steve Zmak wrote:

In the case that I have worked up different versions, I have them with different file names so why not. But for the future, I’m wondering if I register the color version now, because that’s all I worked up, and create a B&W version a couple years from now if it would be covered?

Z


On Jul 24, 2018, at 2:25 PM, Tracy Valleau <tracy@...> wrote:

I don't know. I suppose it wouldn't hurt, but that's a question for a lawyer.

On 24 Jul 2018, at 14:22, Steve Zmak wrote:

Hi Tracy,

One more question (I hope!)…  Should B&W and color versions of the same image be registered separately? Thanks!

Z


On Jul 18, 2018, at 10:17 AM, Steve Zmak <steve@...> wrote:

Hi Tracy,

Thanks for the talk last night. I really appreciate it! Attached is the info about registering groups of published photos shot in the same calendar year.

Z
<Group Registration of Published Photographs-fl124.pdf>




On Jul 16, 2018, at 10:56 AM, Tracy Valleau <tracy@...> wrote:

Okay, so I’m finally getting to this, registering my photos for the first time. I’ve created my account with the U.S. Copyright Office, and I’m starting the online submission process. But I’m already stuck on whether I should be registering as unpublished or published photos. This first batch is my recent Alaska work, about 800 photos. I have transferred usage rights to my client. I intend to sell prints and license commercial use online through my website and AlaskaStock.com, but nothing has been made available as of the filing for the copyright. Would this be published or unpublished? I haven’t been able to find clear definitions on the website. Thanks!

Z


On May 7, 2018, at 12:29 PM, Tracy Valleau <tracy@...> wrote:

Every couple of years, I gang them all together and use the electronic method to register them all.

T



On 7 May 2018, at 12:24, Steve Zmak wrote:

Thanks for the info! Just curious if you register all your photos?

Z



On May 7, 2018, at 7:10 AM, Cara Weston <caraweston@...> wrote:

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 






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As I recall (I need to do this again) I sized my to 1000 pixels on the longest side. No one complained any of the several times I've done it, but then I doubt anyone actually looked at them either...

Tracy

On 26 Jul 2018, at 10:27, Steve Zmak wrote:

I lied. I have one more question. I’ve looked through the guides, contacted the copyright office (no help), and still can’t find the spec.s for the files for upload. Is there a preferred file size for registering photos? Does it matter? Do you upload the native file size or a smaller proof? I’ll be uploading 750 with my first application which could take a very long time at full-res. Advice? Thanks!

Z


On Jul 24, 2018, at 2:47 PM, Tracy Valleau <tracy@...> wrote:

upside down

On 24 Jul 2018, at 14:46, Steve Zmak wrote:

INAL, is that the opposite of ESQ.?  : )

Z



On Jul 24, 2018, at 2:44 PM, Tracy Valleau <tracy@...> wrote:

I would expect so, but INAL.


On 24 Jul 2018, at 14:35, Steve Zmak wrote:

In the case that I have worked up different versions, I have them with different file names so why not. But for the future, I’m wondering if I register the color version now, because that’s all I worked up, and create a B&W version a couple years from now if it would be covered?

Z


On Jul 24, 2018, at 2:25 PM, Tracy Valleau <tracy@...> wrote:

I don't know. I suppose it wouldn't hurt, but that's a question for a lawyer.

On 24 Jul 2018, at 14:22, Steve Zmak wrote:

Hi Tracy,

One more question (I hope!)…  Should B&W and color versions of the same image be registered separately? Thanks!

Z


On Jul 18, 2018, at 10:17 AM, Steve Zmak <steve@...> wrote:

Hi Tracy,

Thanks for the talk last night. I really appreciate it! Attached is the info about registering groups of published photos shot in the same calendar year.

Z
<Group Registration of Published Photographs-fl124.pdf>




On Jul 16, 2018, at 10:56 AM, Tracy Valleau <tracy@...> wrote:

Okay, so I’m finally getting to this, registering my photos for the first time. I’ve created my account with the U.S. Copyright Office, and I’m starting the online submission process. But I’m already stuck on whether I should be registering as unpublished or published photos. This first batch is my recent Alaska work, about 800 photos. I have transferred usage rights to my client. I intend to sell prints and license commercial use online through my website and AlaskaStock.com, but nothing has been made available as of the filing for the copyright. Would this be published or unpublished? I haven’t been able to find clear definitions on the website. Thanks!

Z


On May 7, 2018, at 12:29 PM, Tracy Valleau <tracy@...> wrote:

Every couple of years, I gang them all together and use the electronic method to register them all.

T



On 7 May 2018, at 12:24, Steve Zmak wrote:

Thanks for the info! Just curious if you register all your photos?

Z



On May 7, 2018, at 7:10 AM, Cara Weston <caraweston@...> wrote:

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 






-- 


--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art




--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art



Tracy
www.valleau.art




--
Tracy Valleau, moderator

www.valleau.art

 

Thanks! And I look forward to seeing your photos at the Carl Cherry!

Z


On Jul 26, 2018, at 11:10 AM, Tracy Valleau <tracy@...> wrote:

As I recall (I need to do this again) I sized my to 1000 pixels on the longest side. No one complained any of the several times I've done it, but then I doubt anyone actually looked at them either...

Tracy

On 26 Jul 2018, at 10:27, Steve Zmak wrote:

I lied. I have one more question. I’ve looked through the guides, contacted the copyright office (no help), and still can’t find the spec.s for the files for upload. Is there a preferred file size for registering photos? Does it matter? Do you upload the native file size or a smaller proof? I’ll be uploading 750 with my first application which could take a very long time at full-res. Advice? Thanks!

Z


On Jul 24, 2018, at 2:47 PM, Tracy Valleau <tracy@...> wrote:

upside down

On 24 Jul 2018, at 14:46, Steve Zmak wrote:

INAL, is that the opposite of ESQ.?  : )

Z



On Jul 24, 2018, at 2:44 PM, Tracy Valleau <tracy@...> wrote:

I would expect so, but INAL.


On 24 Jul 2018, at 14:35, Steve Zmak wrote:

In the case that I have worked up different versions, I have them with different file names so why not. But for the future, I’m wondering if I register the color version now, because that’s all I worked up, and create a B&W version a couple years from now if it would be covered?

Z


On Jul 24, 2018, at 2:25 PM, Tracy Valleau <tracy@...> wrote:

I don't know. I suppose it wouldn't hurt, but that's a question for a lawyer.

On 24 Jul 2018, at 14:22, Steve Zmak wrote:

Hi Tracy,

One more question (I hope!)…  Should B&W and color versions of the same image be registered separately? Thanks!

Z


On Jul 18, 2018, at 10:17 AM, Steve Zmak <steve@...> wrote:

Hi Tracy,

Thanks for the talk last night. I really appreciate it! Attached is the info about registering groups of published photos shot in the same calendar year.

Z
<Group Registration of Published Photographs-fl124.pdf>




On Jul 16, 2018, at 10:56 AM, Tracy Valleau <tracy@...> wrote:

Okay, so I’m finally getting to this, registering my photos for the first time. I’ve created my account with the U.S. Copyright Office, and I’m starting the online submission process. But I’m already stuck on whether I should be registering as unpublished or published photos. This first batch is my recent Alaska work, about 800 photos. I have transferred usage rights to my client. I intend to sell prints and license commercial use online through my website and AlaskaStock.com, but nothing has been made available as of the filing for the copyright. Would this be published or unpublished? I haven’t been able to find clear definitions on the website. Thanks!

Z


On May 7, 2018, at 12:29 PM, Tracy Valleau <tracy@...> wrote:

Every couple of years, I gang them all together and use the electronic method to register them all.

T



On 7 May 2018, at 12:24, Steve Zmak wrote:

Thanks for the info! Just curious if you register all your photos?

Z



On May 7, 2018, at 7:10 AM, Cara Weston <caraweston@...> wrote:

Thanks Tracy!  This is wonderful info!  Cara

On Sun, May 6, 2018 at 10:18 AM, Tracy Valleau <tracy@...> wrote:
Just covering a few basic point about US copyright law
 
First: INAL (I'm not a laywer.)
I have read and closely followed copyright for a decade or more.
 
Here are some quick, general points:
 
"Prior to what year are works in the public domain?"
1923. (It's 2008 now, and with extensions, copyright attaches for 95 years.) In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus seventy years after the author’s death. (See page 4 in the circular listed below.)
 
"Only published works can be copyrighted."
Wrong:  Copyright attaches the instant you have created the item. The item must be in tangible form (ie, ideas cannot be copyrighted.) That is so fundamental that it's the subject of the very first paragraph of the very first circular from the copyright office.*
 
"So why register a copyright and pay the fee?"
Because without that, you will not succeed in getting damages for infringement in court. (You can sign up for electronic submission and registration, and submit images in bulk for one fee. Doesn't make it easy, but certainly makes it easier than it was.) Without registration, your remedy is to stand on the court steps and stamp your feet.
 
"Can I just mail myself a envelope and use the post office time on the cancelled stamp?"
Sure... but you can also stand on those same court steps, and whistle "Dixie" and get the same legal effect: none.
 
"The first four bars of music; the first 2 sentences; the (other magic pixie dust) are can be used without infringing."
See "whistling Dixie" above. (That's nonsense.)
 
"What about fair use?"
Whole can-o-worms. The basic answer is: Ask the copyright holder. To cover fair use would take more than a few dozen paragraphs. In a nutshell, it's not cut-and-dry and is settled in court, on a case-by-case basis (and case law is all over the place on it.) Some bits of it are reasonably clear (such as using copyrighted images in an actual educational institution [but if you print them in a PDF which can be taken off-campus, the ice just got a lot thinner]). You may quote or reproduce for legitimate criticism. (But you can see how vague words like 'legitimate' can lead to sticky situations. Like I said: can-o-worms.)
 
Basically, if you're claiming fair use (like Richard Price or Jeff Koons) instead of getting permission from the artist first, be prepared to defend yourself in court. Don't say I didn't warn you!
 
 
"What is proper copyright labeling?"
©  year  name (or Copyright[or Copr.] year name)
 
 
*But please, don't take my word for all this. Instead, start here:
 
 
That's the basic, fundamental US copyright circular, and it is the entrance portal to the rabbit-hole that is copyright law.
 






-- 


--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art




--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art



--
Tracy Valleau, moderator

www.valleau.art