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Thomas Swartz
Thomas Swartz, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3086
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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A had hired person to do web page. A receives letter from attorney

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A had hired person to do web page. A receives letter from attorney demanding $950.00 or he'll file a federal law suit for copy right infringement. The photo is of the Alamo! A claims there is nothing distinct about the photo. Is there a legitimate cause of action?
HelloCustomer

Yes, there is a legitimate cause of action. Photographs are entitled to copyright protection. Thus, if you use a copy of a photo without the copyright owner's permission, the copyright owner does have the right to bring a copyright infringement lawsuit. There does not have to be anything "distinct" about a photo. Nor does it matter what the photo is of. So long as the copy of the photo at issue can be identified as a copy of the original, then infringement has occurred.

Thomas
Customer: replied 4 years ago.


What are the necessary steps one must take to obtain copyright protection of photographs?

HelloCustomer

Copyright automatically comes into existence whenever something is placed in a fixed form. Thus, for a photograph copyright protection begins once the photograph is taken.

However, before a person can bring a lawsuit to enforce copyright rights, that person must register the photograph with the U.S. Copyright Office.

Thomas
Thomas Swartz and other Intellectual Property Law Specialists are ready to help you
Customer: replied 4 years ago.


what does it cost to register a photograph?


Once registered is the photo marked identifying it as protected under copyright laws?

Hello enjoyeverday.

Sorry for not responding sooner. The filing fee for online registration of a copyright is $35. If instead you decide to fill out paper forms, the registration fee is $65 - U.S. Copyright Office Fees.

The Copyright Office does not mark individual works as copyrighted. That is the responsibility of the copyright owner. And you would simply put a copyright notice on the photo in the form as follows:

© (or the word copyright), the year of first publication, the name of the copyright owner.

Thus for example it would look lie:

© 2013 John Smith

Thomas

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