GR/PPH/CON Form

[MikeD]

Is filling out the GR/PPH/CON form completely optional when copyrighting photos or are the times when you must do it?  Or is the VA form enough all the time?

Thanks,

[newzshooter]

First, why use a paper form for registration when eCo is $15 cheaper?
VA is the form to use if none of the images have been published.
GR/PPH/Con is used when registering a group of images that have been published in a calendar year. For instance, a newspaper/magazine/website might use it to register the images it published during the year. Up to 750 images are allowed to be registered at one time, so if more were published, another registration would be required.

~NOTE~ I am NOT an attorney. The above statement is from my personal experience/understanding of the regulations. Your experience/needs may be very different than mine.

[MikeD]

So what are the consequences if you submit your photos for copyright after they have been published but you do not submit that form?

[Robert Krausankas (BuddhaPi)]

What he's saying is that instead of filling out "paperwork" you can submit the forms online and save yourself some money. I think there is a 3 month grace period as far as infringement is concerned.. In other words if I swiped one of your images that fro my site, and you found it, and said "Ha Busted!" then realized that the image in question was never registered, you have 3 month to register the image in order to try to collect any damages... at least "think" this is how it works, but admittedly sometimes my thinking is way off base, perhap newzshooter will chime back in and correct me if i am wrong...

[newzshooter]

The online form asks if the items have been published or unpublished.
I believe Buddhapi is correct about the 3 month window, in fact my politician infringer took a photo two months after publication, but before registration. I registered it and statutory damages applied. For three separate infringements, two on the web, one in print.
While the courts haven't been exactly clear on the subject, putting one's photos on the web doesn't neccesarily mean they've been published.

[SoylentGreen]

I think that buddhapi is correct also.  I've seen this question come up a few times here.
So, I'll paste in some info here in the hopes of clarifying it.  Where's Helpi (Riddick?) when you need him?
Naturally, we're speaking in terms of US law here; your mileage may vary in other locales.

§412. Registration as prerequisite to certain remedies for infringement

In any action under this title, other than an action brought for a violation of the rights of the author under section 106A(a) [17 USC 106A(a)], an action for infringement of the copyright of a work that has been preregistered under section 408(f) [17 USC 408(f)] before the commencement of the infringement and that has an effective date of registration not later than the earlier of 3 months after the first publication of the work or 1 month after the copyright owner has learned of the infringement, or an action instituted under section 411(b) [17 USC 411(b)], no award of statutory damages or of attorney's fees, as provided by sections 504 and 505 [17 USC § §504 and 505], shall be made for--


(1) any infringement of copyright in an unpublished work commenced before the effective date of its registration; or
(2) any infringement of copyright commenced after first publication of the work and before the effective date of its registration, unless such registration is made within three months after the first publication of the work.

From:

http://www.bitlaw.com/source/17usc/412.html

Or more simply stated:

Although copyright attaches upon fixation, you cannot actually sue someone for infringing your copyright until you have registered your work with the Copyright Office. And if you register your work within three months from the date of first publication, or at least prior to the date of infringement, you can collect statutory damages from the infringer. Otherwise, you are stuck with actual damages, which depending upon the situation, may be only nominal.

From:

http://www.benedict.com/Info/Law/Why.aspx

Of course, a defense could involve searching for a publication of the content prior to the three month window that preceeded the alleged infringement.

S.G.

[Oscar Michelen]

Buddhapi has it right