Ask any group of professional photographers, what the most important thing a photographer can do is, and you’ll probably get many different answers. Some photographers might say knowing your camera or equipment is most important. Still others might say understanding light, compositions, or angles, is most important.
However, if you were to ask an attorney, all of those answers would be wrong.
You may have created the most beautiful, artistic, and captivating photograph. However, it doesn't matter if your photograph is stolen and spread far and wide across the internet.
If you register your work with the United States Copyright Office you can stop the theft immediately. You can get a court order forcing the thief to stop using your photographs and pay you for your work.
17 U.S.C. §411 states that “… no civil action for infringement of [a] copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.”
This means, however, that you usually cannot bring a lawsuit against someone for stealing your photographs until you have first registered your photographs with the United States Copyright office.
It is important that you not only register your work, but that you register your work as soon as possible. The legal rights you have are directly tied to how quickly you register your photographs.
In order to obtain your “full” legal rights, you must register your work before anyone else infringes upon your work (or in the alternative within three months after the first publication of your work). If you fail to timely register, you’ll miss out on your “full” legal rights. This means you will miss out on Statutory Damages and Attorney Fees under the Copyright Act of 1976.
However, if you failed to register your work and it has been stolen, fear not as you still have other legal options which can be reviewed during your free consultation.
Feeling overwhelmed? Not yet ready to call? The links below will help answer some of your questions. Feel free to gain more information and feel more comfortable.
The links below provide detailed information to commonly asked questions. Click below:
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(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.