Registered images?

[Nelis Infra]

Dear Oscar,

You've mentionen the term "registered images" a few times in this post:

http://www.extortionletterinfo.com/forum/read.php?2,287

What exactly are registered images?

Thank you very much in advantage,

With kind regards.

[Oscar Michelen]

Ok, good question. "Registered image" is an image that was filed for copyright protection with the US Copyright Office. Understand that the second you take photograph, you own the copyright to that image.  You don't need to register it, you don't need to watermark it, you  don't need to attach a (c) next to it. Its yours from the moment of creation. If you choose, however, you can file that image  with the US Copyright Office.  That makes it a registered image. Here are the benefits of registering an image: (1) Clear proof of ownership and date of ownership (2) You cannot sue in Federal Court without first registering the image (3) You don't get legal fees and costs as part of your damages unless the image is registered.

[Canada Bob]

First time poster here.  I'm Canadian and I received my letter from GI this week.  When I first got the letter, like so many others, my heart skipped a beat and I felt my stomach tighten up.  After doing some research, I can say my heart is beating more normally now (albeit still a touch faster than usual!) and my stomach is loosening.

Firstly, thank you for the moderators who have put up this information.  After researching the matter and reading through the forum posts for the last 2 years, it has done 3 things:
1. Comfort in knowing that I am not the only one, that I am not being specifically targeted
2. Know that there are action steps I can take and that the first letter is not necessarily the end all and be all
3. In a way, thankful to be better educated on the matter and that it is merely 1 pic with GI as opposed to many pics with some of the more litigious outfits out there

I had one thumbnail on a secondary page that was live for 2 months and as recommended, I removed the picture in question immediately and deleted it from the server.  Checked the Wayback site and everything looks clear there.  I am currently drafting a reply to their initial letter.

My question:  As I have read throughout the forums and watched the videos, if the picture in question was not registered at the time of the alleged infraction, GI is unable to recover statutory damages.  However, what about legal fees should the case go to trial?  I understand that should the judge decide on a sum less than what GI requests, they end up paying both our legal costs.  But what if the judge does decide on the amount GI requests?  Also, can GI increase the amount they are seeking beyond the initial letter (currently at $850)?  Please keep in mind that I am writing from Canada.

Cheers!