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
Barbara Berschler
Barbara Berschler
Answered
  • Intellectual Property Lawyer
  • Rockville, MD

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

Evelyn Suero
Evelyn Suero
Answered
  • Intellectual Property Lawyer
  • Miami, FL

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

Mr. Michael O. Stevens
Mr. Michael O. Stevens
Answered
  • Intellectual Property Lawyer
  • Hillsboro, OR
  • Licensed in Oregon

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

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