Copyright Workflow for Photographers

Christopher S. Reed is an experienced copyright lawyer and professional photographer specializing in intellectual property, antitrust, and communications law. He most recently served as the senior advisor for policy and special projects to the Register of Copyrights at the U.S. Copyright Office and also as acting chief of the Office’s public information and records management division. Before joining the Copyright Office, Chris served as an attorney in the Antitrust Division of the U.S. Department of Justice, where he worked principally on matters relating to the entertainment and media industries. 

Chapter 1: Copyright basics

• A very brief history of copyright law

• What copyright protects: fixation and originality

• The “bundle” of copyright’s exclusive rights

• Limitations and exceptions to the exclusive rights

• Infringement of the exclusive rights

• The registration requirement and why it matters

• “Selling” versus licensing (generally)

 

Chapter 2: Copyright in the digital economy

• The outdated nature of copyright law and the challenges for photographers

• The paradox of “getting it out there”

• The tragedy of the “right-click license”

• Metadata stripping and protecting yourself

• Websites and social media terms of service

• Balancing enforcement with exposure

 

Chapter 3: Foundations of copyright registration

• Copyright registration policy: the statutory quid pro quo

• Ideal registration workflow camera settings

• Importing images into Lightroom®

• Deciding how to register (single image; group; collection)

• Determining the publication status

• Gathering the information necessary to file a registration application

• Preparing the deposit copy

 

Chapter 4: Online registration using eCO

• Establishing an account on the Electronic Copyright Office (eCO) system

• Signing in and preparing a new application

• Application procedure for a single registration

• Application procedure for a basic registration

• Application procedure for registration of an unpublished collection

• Payment process using pay.gov

• Uploading the deposit

 

Chapter 5: Registration using paper forms

• Choosing the appropriate form

• Application procedure for group registration of published photographs

• Preparing the deposit copy

• Mailing instructions and traps for the unwary

 

Chapter 6: After applying for registration

• Handling questions or other correspondence from the Copyright Office

• Options for dealing with rejected applications

• Managing registration information after registration

• Updating the Lightroom® catalog

• Maintaining certificates of registration and record keeping generally

 

Chapter 7: Best practices for sharing and selling images

• Three steps to minimizing infringement: make it very easy to buy; a little bit difficult to steal; and a pleasure to work with you

• “Selling” versus “licensing” (reprise from chapter 1)

• Optimizing metadata

• Watermarking; disabling “right-click” functionality; blank image overlays

• Electronic commerce solutions for selling and licensing images

 

Chapter 8: Dealing with infringement

• Identifying infringements using web crawling and image recognition

• Issuing takedown notices under the Digital Millennium Copyright Act

• Infringement litigation in general

• Alternatives to litigation

• When to hire a lawyer