How to Legally Combat Private Photo Publication
Confirm your eligibility., Complete the application., Pay your registration fees., Submit deposit copies., Consider consulting an attorney.
Step-by-Step Guide
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Step 1: Confirm your eligibility.
Generally, if you want to register a copyright in the photos you must have created the photos yourself.You can't register a copyright in photos if you are the subject and not the creator – except if the photo can be categorized as a "work for hire" that you commissioned a photographer to create for you.
However, you do have copyright ownership in any photos you create – even selfies – from the moment you create them.
This means you have the exclusive right to publish or distribute those photos.
Registering your copyright with the U.S.
Copyright office means you can sue people or companies in federal court for copyright infringement if they publish your photos without your permission. -
Step 2: Complete the application.
You can either complete an application online or print and mail a paper application.You must enter information about the person who took the photos (either you or someone you hired), the title of the photos, and the date the photos were created.
You don't need to register copyright in each photograph separately.
Copyright regulations allow you to register copyright in a collection of up to 500 photographs created in a single year, provided they all have the same photographer.If you don't have a title for your photos, you can make one up.
It can be a description of the subject matter of the photo or of the photo itself.
For example, your title might be "Untitled Series of Selfies, December
15." By applying online, you have the ability to check your account and find out the status of your application at any time. , If you submit your application online, you must pay $35 for each copyright you register.If you're registering several photos at the same time, your online registration fee will be $55, regardless of how many photos are included in your collective registration.
You can pay your registration fees online using an electronic check, credit or debit card.
If you decide to print out and mail a physical application, you must pay $85 in registration fees. , Complete registration applications must be accompanied by copies of the work for deposit in the U.S.
Copyright Office and for use by the Library of Congress.If you've registered online, you can upload digital copies of the photographs to accompany your application for registration.
You also have the ability to send hard copies of the photographs to fulfill the deposit requirement, although this may lengthen the amount of time before your copyright is registered. , Once you have a registered copyright, you have the ability to sue in federal court if the photos are published.However, this is an expensive and complex process that you shouldn't undertake alone.If the person threatening to publish your private photos is doing so for harassment, intimidation, or revenge, an attorney also can advise you of other legal remedies such as restraining orders that you may have available to you.
You also may be able to find assistance by talking to someone at a nonprofit organization dedicated to protecting privacy rights. -
Step 3: Pay your registration fees.
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Step 4: Submit deposit copies.
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Step 5: Consider consulting an attorney.
Detailed Guide
Generally, if you want to register a copyright in the photos you must have created the photos yourself.You can't register a copyright in photos if you are the subject and not the creator – except if the photo can be categorized as a "work for hire" that you commissioned a photographer to create for you.
However, you do have copyright ownership in any photos you create – even selfies – from the moment you create them.
This means you have the exclusive right to publish or distribute those photos.
Registering your copyright with the U.S.
Copyright office means you can sue people or companies in federal court for copyright infringement if they publish your photos without your permission.
You can either complete an application online or print and mail a paper application.You must enter information about the person who took the photos (either you or someone you hired), the title of the photos, and the date the photos were created.
You don't need to register copyright in each photograph separately.
Copyright regulations allow you to register copyright in a collection of up to 500 photographs created in a single year, provided they all have the same photographer.If you don't have a title for your photos, you can make one up.
It can be a description of the subject matter of the photo or of the photo itself.
For example, your title might be "Untitled Series of Selfies, December
15." By applying online, you have the ability to check your account and find out the status of your application at any time. , If you submit your application online, you must pay $35 for each copyright you register.If you're registering several photos at the same time, your online registration fee will be $55, regardless of how many photos are included in your collective registration.
You can pay your registration fees online using an electronic check, credit or debit card.
If you decide to print out and mail a physical application, you must pay $85 in registration fees. , Complete registration applications must be accompanied by copies of the work for deposit in the U.S.
Copyright Office and for use by the Library of Congress.If you've registered online, you can upload digital copies of the photographs to accompany your application for registration.
You also have the ability to send hard copies of the photographs to fulfill the deposit requirement, although this may lengthen the amount of time before your copyright is registered. , Once you have a registered copyright, you have the ability to sue in federal court if the photos are published.However, this is an expensive and complex process that you shouldn't undertake alone.If the person threatening to publish your private photos is doing so for harassment, intimidation, or revenge, an attorney also can advise you of other legal remedies such as restraining orders that you may have available to you.
You also may be able to find assistance by talking to someone at a nonprofit organization dedicated to protecting privacy rights.
About the Author
Kenneth Hart
Committed to making DIY projects accessible and understandable for everyone.
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