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articles

Copyrighting: Why it is so important, and how to register your work
Sunday June 1, 2003

Section 1: Register ALL Your Work with the Copyright Office!



(c)2003 Seth Resnick D-65 All Rights Reserved
Author's Home Page


Your work is copyrighted at the moment of creation, but if a work is infringed upon you simply cannot file in the Federal court system without a certificate of registration. With a certificate of registration, on the other hand, the creator can recover actual damages, including the fee that would normally have been paid for usage, as well as statutory damages and legal fees. Federal courts will throw out cases where no certificate exists.


One should use the following notation to protect his or her works:

(c) 2003 photographers name, ALL RIGHTS RESERVED


The notation "(c) 2003 artist's name," while not necessary by definition of law, is needed to protect against innocent infringement, a classic defense of copyright. One misunderstanding about copyright is the notion that if the work is registered and subsequently infringed upon, the courts will reward the violated artist $150,000 in punitive damages. This simply isn't true. The courts can award up to this amount per infringement, but one must be able to prove that the infringement was willful. Simple innocent infringement may lead to a win in the court, but with no monetary reward granted to the author. The most powerful cases are based on a situation in which the infringement was conscious and willful. In order to protect against innocent infringement it is important to always have the notation "(c) year name" on a transparency or on any art including digital files. Make sure to use the "file information" feature in Photoshop (in File menu) to mark the image as copyright protected.
Lastly, the phrase "All Rights Reserved" should be used. While it is not required in the U.S., the phrase is considered a part of the correct overall notation in other parts of the world.

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Upcoming Events


Macworld Conference and Expo
    7/12/04 at 9:00 AM to 7/15/04
Digital Worklfow, Not Workslow, Make your WORKflow (a D-65 Workshop Led by IR Expert, Seth Resnick)
    7/18/04 at 9:00 AM to 7/24/04
PPA - Imaging USA
    7/25/04 at 6:30 AM to 7/27/04
JOHN PAUL CAPONIGRO NEW WORK
    7/31/04 at 10:00 AM to 8/8/04

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