Salem, OR asked in Copyright and Intellectual Property for Oregon

Q: How do I get copyright of my photos?

I have a store on eBay and noticed that other sellers are using them without my permission and now I found a company using my photos .. its frustrating because I took the time, patience, and dedication to take each photo and for someone to just use them is not fair, I've tried contacting the seller but no answer. DO I need copyright of each photo I took?

3 Lawyer Answers

A: Without doing anything special, you already own the copyright in your photos. That being the case, you could proceed under the Digital Millennium Copyright Act (DMCA) to notify the internet service provider where the photos are being displayed. Check the Terms of Use of the ISPs to follow the notification procedures. You can take the added step of registering the copyright in your works with the Copyright Office. Registration gives you added protections. Depending on whether you have collections of works, you may be able to register groups of works as opposed to individual photos. Check with a copyright attorney if you need additional assistance.

Mr. Michael O. Stevens agrees with this answer

1 user found this answer helpful

A: I agree with my colleague's answer. Also, you will not be able to file an action in court until your photos are registered, and the timing of the filing may affect how much you are able to recover as damages in a lawsuit. It is always prudent to protect your intellectual property with registration ahead of time.

1 user found this answer helpful

A: I'll add that the registration process is all online these days, and something like $30 per registration. But, the process takes a fair amount of time after you submit the registration before it is officially registered. As in, it is not instantaneous.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.