Registering Copyrights in Canada or US

[Troyj]

I've had a few instances of people ripping off my work and am wanting to register copyrights for some of my work. Here in Canada, you must register each photograph individually and pay a $50 fee. Canadian Intellectual Property Office - How your copyright application is processed (http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00039.html)

I have been informed by the CIPO that works included in a compilation would be covered as part of that book (i.e. a Blurb book).

Americans in the US can batch register your photographs for one small fee, and that copyright is protected here in Canada and elsewhere because of international agreements.

Has anyone here from Canada tried registering copyrights in the US?

[AcadieLibre]

You need not apply for copyright for each and every image you do, the only time I would pay for a copyright protection is for a book or anything that is reproduced in mass. Your work is automatically copyrighted under current copyright laws. Also this I forgot to mention, you need to sign and date every photo you print it adds not only value but adds another layer to your copyright protection and if it is one in a number of that prints series add the number as in 1/10, 2/10, or how ever many you plan to print off also. I sign and date the backs some people sign the fronts and some sign the matting which is not the best idea, matting can be removed. It is a personal preference where you sign it, just as long as you do.


Automatic protection for Canadian and foreign works

When you create a work or other subject matter protected by copyright, you will automatically have copyright protection provided that, at the time of creation, you were:

a Canadian citizen or a person ordinarily resident in Canada;
a citizen or subject of, or a person ordinarily resident in, a Berne Convention country, a Universal Copyright Convention country, a Rome Convention country (for sound recordings, performer's performance and communication signals only), or a country that is a member of the World Trade Organization (WTO); or
a citizen or subject of, or a person ordinarily resident in any country to which the Minister has extended protection by notice in the Canada Gazette.
In some cases, you would also obtain automatic copyright if your work was first published in one of the countries included among those who have signed the Berne, Universal Copyright or Rome conventions or the WTO agreement, even if you were not a citizen or subject of Canada, or of one of those countries.

In short, virtually everyone living in Canada can enjoy the benefits of automatic copyright protection. In addition, Canadians are protected in most foreign countries since most belong to one or more of the international treaties — the Berne Convention or the Universal Copyright Convention, the Rome Convention or are members of the WTO. Citizens of countries which are members of those conventions enjoy the benefits of Canadian copyright law in Canada. Canada also extends protection to certain non-member countries by way of notice in the Canada Gazette.

Sound recordings themselves are protected internationally under the Rome Convention and under the copyright treaties, but there is quite a variation internationally as to the nature of the protection given to sound recordings. In Canada, sound recordings enjoy a broad range of protection under the Copyright Act.


Link (http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00506.html#no8)

[Troyj]

I understand that copyrights are automatic when the image is created, however, if it comes to a court trial, it would be much better to have a registered copyright. There is then no burden of proof and damages to be paid are higher and much more likely to be awarded.

[Marko]

GREAT post A.L.
I don't know many photographers that go through the copyright proceedures for their individual photos. Copyright is indeed automatic. It only helps to register if and only if you are prepared to defend it with your own cash.

At the end of the day, you really have to be prepared to take the person/company to court and no big company would be stupid to steal your photo anyway.... And that is ONLY if they live in your country, or say a country like the US. The majority of theft comes from borders far beyond your ability to do anything.
Obviously if you have endless cash, you can try to pursue anyone anywhere...but in reality.....

If it were a book though I would go through official channels. just my :twocents:
Marko

[AcadieLibre]

I understand that copyrights are automatic when the image is created, however, if it comes to a court trial, it would be much better to have a registered copyright. There is then no burden of proof and damages to be paid are higher and much more likely to be awarded.

Higher damages why? And read what Marko says.

[Brian D. Watters]

I've just discovered that one of my images has be used by a reporter and edited replacing one of my subjects with that of a politician.
He published an article and I'm assuming that he sold it to many web sites, and possibly print news papers, tough that part I cannot be sure of.
I know the photo is mine, as it is in part a self portrait (photo art work) which I created and went on to win many online photo contests with.
I have my original work, and screen captures of some of the news sites where his unauthorized version and news article resides.
So the question I have is, is there any way for me to be compensated for my work. I would not have agreed to have my work used for any political party at any price, and I certainly would not allow for someone to drastically change my award winning image.
My image is titled "Heavy Handed" and the reported uses the word heavy handed in the title of his article.
I'm attaching a web quality version of my original work and three screen shots of how this reported has used it.
Any suggestions would be great.
- Brian

15482154831548415485

[Marko]

I would say you have a very strong case against this reporter and possibly the newspapers as well. To me this is theft and copyright infringement (but I'm not a lawyer). I'd bet hard that if you sued, you'd win.

That said, the burden of suing and investing the time and money to sue now falls on you. (I'd probably consult a lawyer to see what's involved...)
Good luck! Please keep us updated. Thx!

[Andrew]

First off I think you need to check where he got the photo from. If he took it off a site granting free access he may not be the one you're after. Contact him first for an explanation. If you're convinced he used it illegally then you need to figure out if your willing to hire a lawyer and persue the matter. At the least, write a letter to the editor of the newspaper letting them know what has happened. While a reporter may not take threats of lawsuits seriously, and the editor may not either, at least you and they will know what a little slime-bag the reporter is. Send copies of the letter to every paper you find it in.

[Iguanasan]

If you haven't done so yet, much to Andrew's suggestion, I would contact the paper and politely request payment for use and a retraction for unauthorized editing as a first contact. If you start out hostile you'll get hostile in return. If you start out all business then you may just get business in return and avoid a legal battle. I would expect that they may simply pay you the going rate for photography. It's not a lot but $100 or so in your pocket makes it a bit more fair at least.