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What resolution of photo do I submit for Copyright protection?

Forum|Forum|3 years ago
February 5, 2023
4 respuestas
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I have some unique photographs that I want to copyright protect, and I am prepared to submit them to the US online copywrite office.

Do I need to upload the highest resolution photo? Can I submit a photo that's reduced in dimensions?

Thanks

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Conrad_C

Community Expert

Do I need to upload the highest resolution photo? Can I submit a photo that's reduced in dimensions?
By @kwcalm

Yes, you can and should submit photos that are reduced in pixel dimensions, for several reasons. With the high megapixel counts of today’s cameras, submissions of many images could become impractical to upload and manage on either end. Note that the current file size limit for a single submission is 500MB. The impression I got from the copyright literature (Disclaimer: I am not a lawyer) is that the image quality only needs to be good enough so that in case of a legal dispute, it shows enough detail to be visually obvious that you registered the original of the image in question.

I checked a copyright submission I did a few years ago. Turns out I sent them JPEG images that were 480px long, and there was no problem with the registration. Although I would consider a little more detail today, like the 600px guideline in the ASMP link that thedigitaldog posted.

Some might not want full resolution originals of their best work to be stored on a government server with some degree of public access. I’ve never really confirmed if the public can browse or download the images everyone submits, but in any case it’s advisable to completely read and think about the Privacy Policy of the US Copyright Office:

All information provided in connection with a copyright registration application will be made available for public inspection and copying, and some of the information from that application will be made available in the Copyright Office’s online Public Catalog…

…Copyright Records Appearing in Search Engines…Because a copyright registration is a public record, others can access it and may create alternative means to make the information in it more widely available. The U.S. Copyright Office is not responsible for the form or the substance of third-party redistribution of the Copyright Office’s records.

TheDigitalDog

Inspiring

For specifics on resolution see page 10:

https://www.asmp.org/wp-content/uploads/PhotographersGuidetoCopyright.pdf

Author “Color Management for Photographers" & "Photoshop CC Color Management/pluralsight"

Nancy OShea

Community Expert

Copyright is baked in to the file's meta data. No need to file U.S. copyright protection unless you're transfering copyright to another entity and you need a paper trail for other purposes.

In Photoshop, go to File > File Info. See screenshot.

In addition, you may wish to digitally watermark (barcode) images to keep track of where they are being used. The Photoshop plugin is free, but there is a fee for using Digimarc service.

https://helpx.adobe.com/photoshop/using/digimarc-copyright-protection.html

Hope that helps.

Nancy O'Shea— Product User & Community Expert

TheDigitalDog

Inspiring

The OP is asking about filing for copyright which depending on the images and desired protection is quite appropriate and far more than simply a metadata copyright tag.

http://faculty.webster.edu/barrettb/materials/copyguide.html

According to the ASMP:

Copyright registration

Copyrights can be registered with the Copyright Office in Washington, D.C. Although registration is not required to own the copyright, there is one instance in which you must have a registration and another when there is a definite advantage to registration.

When legal action is necessary to remedy a copyright infringement, the image must be registered before the legal action can be started. This registration can be made after the infringement occurs. However, unless you register before the infringement (or within three months after the first publication, even if after infringement), you will not be able to sue for statutory damages, which are up to $150,000 per infringement, plus your legal fees. When statutory damages are unavailable to the copyright owner a claim can still be made for actual damages, that is, the amount of money lost as a result of the infringement, plus the amount of profits realized by the infringer. But actual damages can be difficult and expensive to prove, and legal fees can be an additional burden.

A photographer should always seek legal advice from a qualified attorney before threatening a copyright infringement action.

Author “Color Management for Photographers" & "Photoshop CC Color Management/pluralsight"

Nancy OShea

Community Expert

It's assumed that the artist who created the product is the legal copyright holder unless they're not for other reasons.
By @Nancy OShea

As is almost always the case, there is no reason to assume.

The OP made clear the desire to register these unique photographs to the US Copyright office. There are reasons to do so.

The question about resolution was answered by the ASMP, an organization devoted to this task and working with professional photographers. And yes, for many years as one, I was both a member and a board member.

The former white house photographer may have (ugh) entered into a work-for-hire situation. They may not indeed be his photos!

Unless there is some extraordinary reason to do so, registering copyright with governement offices is overkill for 99% of photographers. Just calling it as I see it.

Nancy O'Shea— Product User & Community Expert

TheDigitalDog

Inspiring

https://www.copyright.gov/registration/photographs/

Author “Color Management for Photographers" & "Photoshop CC Color Management/pluralsight"

Copyright registration

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