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New copyright office rules will cause misery for photographers
Feb 1, 2018 17:53:40   #
Los-Angeles-Shooter Loc: Los Angeles
 
New copyright office rules will cause misery for photographers, joy among pirates.

Includes new limit of 750 images per registration (currently, unlimited number); banning paper registration; imposing buggy time-wasting online registration; other 'photographer be damned' changes in rules. Summary; major burdens in time and expense for reg...which is REQUIRED for infringement lawsuit.

http://www.gpo.gov/fdsys/pkg/FR-2018-01-18/pdf/2018-00687.pdf

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Feb 1, 2018 18:17:06   #
JPL
 
Seems like those limits are related to technical limitations at the registration office.

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Feb 1, 2018 18:23:15   #
lamiaceae Loc: San Luis Obispo County, CA
 
Los-Angeles-Shooter wrote:
New copyright office rules will cause misery for photographers, joy among pirates.

Includes new limit of 750 images per registration (currently, unlimited number); banning paper registration; imposing buggy time-wasting online registration; other 'photographer be damned' changes in rules. Summary; major burdens in time and expense for reg...which is REQUIRED for infringement lawsuit.

http://www.gpo.gov/fdsys/pkg/FR-2018-01-18/pdf/2018-00687.pdf


Whats new other than the 750 image per registration (single fee) limit? 750 is a lot of images for a portfolio book! The other complaints I've heard years ago. Yes, you should REGISTER your copyright before suing.

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Feb 1, 2018 18:28:03   #
rgrenaderphoto Loc: Hollywood, CA
 
JPL wrote:
Seems like those limits are related to technical limitations at the registration office.


It is a revenue issue, typical with Governmental agencies that have had funding cut. Find a way to increase fees. So now you have a limit of 750 photographs per application.

Here's the money quote:

When large numbers of photographs are grouped together in one application, however, information about the individual works may not be adequately
captured. Group registration options therefore require careful balancing of the need for an accurate public record and the need for an efficient method of
facilitating the examination of those works.

In other words, staff was overwhelmed with applications for copywright and were racking up overtime or experiencing an unaccecptagle backlog of work, and we decided to charge more.

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Feb 1, 2018 19:11:27   #
lamiaceae Loc: San Luis Obispo County, CA
 
rgrenaderphoto wrote:
It is a revenue issue, typical with Governmental agencies that have had funding cut. Find a way to increase fees. So now you have a limit of 750 photographs per application.

Here's the money quote:

When large numbers of photographs are grouped together in one application, however, information about the individual works may not be adequately
captured. Group registration options therefore require careful balancing of the need for an accurate public record and the need for an efficient method of
facilitating the examination of those works.

In other words, staff was overwhelmed with applications for copywright and were racking up overtime or experiencing an unaccecptagle backlog of work, and we decided to charge more.
It is a revenue issue, typical with Governmental a... (show quote)


Yes, more a revenue issue than anything else. I have not checked but the old fee was pretty reasonable for 1 or a 1000 images at a time.

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Feb 2, 2018 00:49:24   #
jcboy3
 
lamiaceae wrote:
Whats new other than the 750 image per registration (single fee) limit? 750 is a lot of images for a portfolio book! The other complaints I've heard years ago. Yes, you should REGISTER your copyright before suing.


You need to register your copyright before infringement.

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Feb 2, 2018 14:19:33   #
Los-Angeles-Shooter Loc: Los Angeles
 
jcboy3 wrote:
You need to register your copyright before infringement.


Not exactly. But you DO need to register before filing an infringement suit.

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Feb 2, 2018 14:25:03   #
jcboy3
 
“3) If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.“

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Feb 2, 2018 14:47:58   #
JD750 Loc: SoCal
 
jcboy3 wrote:
“3) If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.“


I'm sorry I am a dummy, but I have no idea what that means. Will you please translate it into plain English.

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Feb 2, 2018 21:03:12   #
jcboy3
 
It means if you don't file copyright before your art is infringed, you will not be able to sue and get punitive damages or get reimbursed for attorney's fees. Instead, you will have to demonstrate that the infringement actually caused you to lose money. In most cases, attorney's fees would be significantly more than any money you can show that you lost, so basically it would cause you to lose real money to prove that you lost possible money.

Which is why I said you need to register copyright before your art is infringed; otherwise it will usually not be worth suing over.

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Feb 3, 2018 10:56:59   #
JD750 Loc: SoCal
 
jcboy3 wrote:
It means if you don't file copyright before your art is infringed, you will not be able to sue and get punitive damages or get reimbursed for attorney's fees. Instead, you will have to demonstrate that the infringement actually caused you to lose money. In most cases, attorney's fees would be significantly more than any money you can show that you lost, so basically it would cause you to lose real money to prove that you lost possible money.

Which is why I said you need to register copyright before your art is infringed; otherwise it will usually not be worth suing over.
It means if you don't file copyright before your a... (show quote)


Thank you.

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