Limited Preregistration of Copyrights Now Permitted
Pursuant to the Artists' Rights and Theft Prevention Act of 2005, the Copyright Office has issued new regulations effective November 15, 2005 which authorize preregistration of certain classes of works which the Registrar of Copyrights determined has had a history of infringement prior to the authorized commercial release of such classes of works.
The initial classes of work covered by the regulations are motion pictures, sound recordings, musical compositions, literary works being prepared for publication in book form, computer programming (including video games), and advertising or marketing photographs.
To be eligible for preregistration, a work falling into one of these classes must also be unpublished and certified to be in the process of being prepared for commercial distribution. This is defined in the regulations as actual preparation having been commenced and at least some portion of it being fixed in a tangible medium of expression. In the classification of advertising or marketing photographs, the photographs (or where a group of photographs are intended for simultaneous publication, at least one of the photographs), must have been taken.
The stated purpose of the statutory scheme and regulations is to fill the existing gap afforded to copyrighted works when infringement occurs prior to authorized commercial distribution, or pre-release infringement. This usually occurs prior to the registration of the final products, thereby denying the copyright owner eligibility for statutory damages and attorneys fees in copyright infringement litigation. In particular, it is aimed at bootleg or pirated copies of music, videos, DVDs, and the like, which are routinely copied and distributed prior to their actual authorized release date.
Preregistration requires submission of an application and $100 non-refundable filing fee to the Copyright Office at www.copyright.gov. Only electronic submissions on electronic form PRE will be accepted. No deposit copy of the work itself is to be submitted. Instead, a detailed description of not more than 2000 characters (approximately 330 words) of the work is to accompany the application. The regulations spell out what the identifying description should contain. For advertising or marketing photographs, these include the subject matter depicted, including the particular product, event, public figure, or other item or occurrence which the photograph is intended to advertise or market. Additional details which would assist in identifying the photographs include the party for whom taken, approximate time periods taken, approximate number of photographs which may be included in the grouping, any events associated with the photographs, and the location and physical setting or surroundings depicted in the photos. It may also explain the general presentation (ie. lighting, background scenery, positioning of elements, and applicable location and events) associated with the photograph.
Preregistration will not constitute prima facie evidence of the validity of the copyright, or the facts stated in the application, but it will make the registrant eligible for statutory damages and attorneys fees in the event that copyright infringement litigation becomes necessary.
All in all, it is a major step forward to protect copyrights.
Attorney Joel L. Hecker lectures and writes extensively on issues of concern to the photography industry. His office is located at Russo & Burke, 600 Third Ave, New York NY 10016. Phone: 1 212 557-9600. E-mail: HeckerEsq@aol.com.
 Visit the PhotoSourceInternational homepage! Nearly seventy different sectionswith all the information you're looking for await you.Click here. |
| This newsletter isn't free. It's Referware. By receiving this, you agree to help someone each week -- on the Internet on our Kracker Barrel http://www.photosource.com/board , in a forum, with Email, or by sending/forwarding this newsletter to photographer friends. The Internet is a treasurehouse for "Free" information. The more everyone gives, the better off everyone is! |
Rohn Engh is director of PhotoSource International and publisher of PhotoStockNotes