Georgetown, IN asked in Copyright and Intellectual Property for Indiana

Q: How to protect rights and get royalties for my photo?

I own a picture of a rare animal that I haven't registered with a copyright office yet. I'm considering sending it to a news channel. What steps should I take to ensure I receive royalties or protect my rights before sending it to them?

2 Lawyer Answers
Alan Harrison
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A: It costs only $65 to register the photograph copyright yourself. You can follow the instructions at https://www.copyright.gov/registration/.

James L. Arrasmith
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A: Photo Rights Protection Strategy

Before sending your rare animal photograph to any news outlet, consider filing for formal copyright registration through the U.S. Copyright Office's online system at copyright.gov, which provides crucial legal advantages despite copyright technically existing from the moment of creation. While registration isn't mandatory, it enables you to seek statutory damages and attorney's fees in potential infringement cases rather than just actual damages, significantly strengthening your position if unauthorized use occurs. The registration fee (approximately $45-65 for a single work) represents a worthwhile investment given the photograph's potential commercial value.

When approaching the news channel, never simply email or transfer the image without establishing clear usage terms in writing. Draft a simple licensing agreement specifying exactly how they may use your photograph (one-time broadcast, website inclusion, social media posts), the duration of permitted use, attribution requirements, and your compensation expectations. Many photographers use tiered pricing depending on usage scope - from one-time usage fees to recurring royalties for extended or repeated use.

To maintain maximum control, consider sending only watermarked, lower-resolution preview versions until agreements are finalized, and keep meticulous records of all communications with the news channel. News organizations often have standard contributor agreements they'll present, but these typically favor their interests and can be negotiated to better protect your rights. Regardless of registration status, include copyright notices with your image (© Your Name 2025) and maintain original, unedited files with metadata intact as evidence of ownership should disputes arise later.

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