amfoto1 Loc: San Jose, Calif. USA

Did you know that there's no need to imprint the word "copyright" or the © symbol or the year on your images?

This has been the case since 1989, when the U.S. joined the Berne Convention.

Marking an image isn't really necessary to establish copyright ownership. That's automatic (unless it's surrendered in some way in writing or by a "work for hire" agreement).

Marking an image simply enhances copyright protection by putting viewers on notice. (Deliberate removal of a copyright protection from an image can be subject to penalties of up to $30,000 US per instance.... but only if copyright ownership has been registered in a timely manner.)

Under the Berne Convention, all that's needed for enhanced copyright protection is a "unique mark". This can be your signature or just about anything you choose.

In other words, imprinting the word "copyright" and/or © symbol and/or year has not been required for almost 30 years... Yet many people still think it's necessary and regularly "ugly up" their images with those unnecessary marks! Design a nice signature or digitize your actual signature or come up with a neat logo instead! That will serve the same purpose.

And if you truly want to enhance your copyright as strongly as possible, register your copyright ownership! Unless and until that's done in a timely manner, you have minimal recourse if your images are stolen and used without your permission. You're largely on your own in small claims court and only able to ask for "market value" of the usage.

But if your ownership has been registered, you can have your case heard in federal court with professional legal representation, recover your legal costs along with statutory damages, and may be awarded various other significant penalties levied against the image thieves. In the case of a deliberate and significant infringement, unregistered versus registered can easily be the difference between a few hundred dollars and many tens of thousands or even hundreds of thousands of dollars!

More info here: https://smallbusiness.chron.com/punishment-violating-copyright-laws-55157.html

Note: There have recently been increased fees for U.S. copyright registration and still more are being considered, along with significant limitations on the number of images that can be registered per instance. Look for more info about this online and for opportunity to give feedback about the changes, if you wish to do so, before the changes get set in stone!

david vt Loc: Vermont

This is all new to me. Quick dumb question

Am I registering my “mark”, or do I have to register and submit each image with that mark?

Thanks

TriX Loc: Raleigh, NC

You are registering the image(s). You may register a “mark” used in business, which is a trademark, not a copyright. It’s a long (typically > a year), painful process (you must follow the rules/procedures very carefully), costs $225-$450 depending on the method, and may require an attorney’s assistance if you find the procedure too complex. There are also requirements that you show that the mark is used in business, both initially, and after six years. Once registered, you’re able to use the “r” after your mark indicating it’s a registered US trademark.

Thanks to Alan for his usual thorough discussion of an often misunderstood topic.

rook2c4 Loc: Philadelphia, PA USA

Although not required, I suppose including the symbol could serve as a reminder to others that the image is under copyright protection. And there are many who simply have very limited or faulty understanding about copyright law.

CHG_CANON Loc: the Windy City

I always steer clear of images presented with a copyright symbol when I'm downloading and stealing images...

Longshadow Loc: Audubon, PA, United States

Longshadow Loc: Audubon, PA, United States

Definitely a reminder.

rgrenaderphoto Loc: Hollywood, CA

I asked a Professor of Media Law at USC, about having to register your images with the Library of Congress prior to publication or posting on line. A copyright is created once a photograph is fixed in a tangible means of expression, e.g.once it is posted online. Registration is usually required before you can sue someone for infringement but it does not create the right. Publishing the notice also doesn’t create the right but it does make it harder for someone to argue innocent infringement.

amfoto1 Loc: San Jose, Calif. USA

Not a dumb question at all! Clarification is obviously needed...

"Copyright registration" need to be done for each image. But photographs can and usually are registered in large batches, under a single fee payment. In the past this has been largely unspecified... "As many thumbnails as you can fit onto a DVD or in an upload"... But there are likely limits coming, such as "750 images per submission".

When you "register your copyright", you need to submit a copy of each of your images that you plan to use publicly to be recorded in the "official", searchable database. For full protections, you need to register images "within 90 days of first publication" (i.e., no more than 90 days after you put your images "out there" where they might be taken and used without your permission).

It's an on-going process, where you need to compile a group of your images and submit them for registrations periodically.

As previous response describes, "registering your mark" would be creating a trademark and isn't what we're discussing here (and isn't necessary for this purpose).