Material contained on this Artistic Guild of
the Wedding Photojournalist Association [AG]WPJA
web site and its affiliation with the parent
organization, Wedding Photojournalist Association
(WPJA) was created, authored and/or prepared
for the sole use of the [AG]WPJA. Reproduction
or use, either commercial or otherwise, of intellectual
property contained on or in the [AG]WPJA web
site is strictly prohibited. Intellectual property
is defined as, but is not limited to, all photography,
images, information and content, written or otherwise.
All photographs on the WPJA web site are offered
for information purposes only as a collective work
and are the property of the respective contributors
protected by both the [AG]WPJA and its contributing
owner. Reproduction or use is defined as downloading,
copying, distributing, posting, adapting, adopting,
capitalizing on, reselling, manipulating, or utilizing
any intellectual property in any way. Source acknowledgement
does not constitute authorization. Use of images,
materials, and/or intellectual property for press
or public use must accompany written consent from
both the [AG]WPJA and its stated owner. Copyright
infringement is punishable by law and is strictly
enforced.
INTRODUCTION TO COPYRIGHT LAW FOR PHOTOGRAPHY
The use of a copyright notice is no longer required
under U.S. law, although it is often beneficial.
Because prior law did contain such a requirement,
however, the use of notice is still relevant to the
copyright status of older works. This circular discusses
both the copyright notice provisions as originally
enacted in the 1976 Copyright Act (title 17, U.S.
Code), which took effect January 1, 1978, and the
effect of the 1988 Berne Convention Implementation
Act, which amended the copyright law to make the
use of a copyright notice optional on copies of works
published on and after March 1, 1989. Specifications
for the proper form and placement of the notice are
described in this circular. Works published before
January 1, 1978, are governed by the previous copyright
law. Under that law, if a work was published under
the copyright owner’s authority without a proper
notice of copyright, all copyright protection for
that work was permanently lost in the United States.
The Uruguay Round Agreements Act of 1994 (URAA) (PL
103-465) modified the effect of publication without
notice for certain foreign works. Under this Act,
copyright is automatically restored, effective January
1, 1996, for certain foreign works placed into the
public domain because of lack of proper notice or
noncompliance with other legal requirements. Although
restoration is automatic, if the copyright owner
wishes to enforce rights against reliance parties
(those who, relying on the public domain status of
a work, were already using the work before the URAA
was enacted), he/she must either file with the Copyright
Office a Notice of Intent to Enforce the restored
copyright or serve such a notice on the reliance
party. For more information about the copyright notice
under the law in effect before January 1, 1978, request
Circular 96 Section 202.2, “Copyright Notice,” from
the Copyright Office. For more information about
restoration of copyright under the URAA, request
Circular 38b, “Highlights of Copyright Amendments
Contained in the Uruguay Round Agreements Act (URAA).”
USE OF THE COPYRIGHT NOTICE FOR PHOTOGRAPHY
Copyright is a form of protection provided by the
laws of the United States to authors of “original
works of authorship.” When a work is published
under the authority of the copyright owner (see definition
of “publication” below), a notice of
copyright may be placed on all publicly distributed
copies. The use of the notice is the responsibility
of the copyright owner and does not require permission
from, or registration with, the Copyright Office.
Use of the notice may be important because it informs
the public that the work is protected by copyright,
identifies the copyright owner, and shows the year
of first publication. Furthermore, in the event that
a work is infringed, if the work carries a proper
notice, the court will not give any weight to a defendant’s
interposition of an innocent infringement defense—that
is, that he or she did not realize that the work
was protected. An innocent infringement defense may
result in a reduction in damages that the copyright
owner would otherwise receive. For works first published
on and after March 1, 1989, use of the copyright
notice is optional. Before March 1, 1989, the use
of the notice was mandatory on all published works.
Omitting the notice on any work first published before
that date could result in the loss of copyright protection
if corrective steps are not taken within a certain
amount of time. The curative steps are described
in this circular under “Omission of Notice
and Errors in Notice.” The Copyright Office
does not take a position on whether reprints of works
first published with notice before March 1, 1989,
which are distributed on or after March 1, 1989,
must bear the copyright notice.
WHAT IS PUBLICATION?
The 1976 Copyright Act defines publication as “the
distribution of copies or phonorecords of a work
to the public by sale or other transfer of ownership,
or by rental, lease, or lending.” An offering
to distribute copies or phonorecords to a group of
persons for purposes of further distribution, public
performance, or public display also constitutes publication.
The following do not constitute publication: printing
or other reproduction of copies, performing or displaying
a work publicly, or sending copies to the Copyright
Office.
COPYRIGHT NOTICE NOT REQUIRED ON UNPUBLISHED WORKS
The copyright notice has never been required on unpublished works. However, because the dividing line between a preliminary distribution and actual publication is sometimes
difficult to determine, the copyright owner may wish to place a copyright notice on copies or phonorecords that leave his or her control to indicate that rights are claimed.
An appropriate notice for an unpublished work might be:
Unpublished work © 1998 John Doe.
VISUALLY PERCEPTIBLE COPIES
The notice for visually perceptible copies should contain three elements. They should appear together or in close proximity on the copies. The elements are:
1. The symbol © (the letter C in a circle),
or the word “Copyright,” or the abbreviation “Copr.”; and
2. The year of first publication. If the work is a derivative work or a compilation incorporating previously published material, the year date of first publication of the
derivative work or compilation is sufficient. Examples of derivative works are translations or dramatizations; an example of a compilation is an anthology. The year may be
omitted when a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls,
toys, or useful articles; and
3. The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.*
Example: © 1999 Jane Doe
The “C in a circle” notice is used only on “visually perceptible” copies.
Certain kinds of works, for example, musical, dramatic, and literary works, may
be fixed not in “copies” but by means of sound in an audio recording.
Since audio recordings such as audio tapes and phonograph disks are “phonorecords” and
not “copies,” the “C in a circle” notice is not used
to indicate protection of the underlying musical, dramatic, or literary work
that is recorded. *The United States is a member of the Universal Copyright Convention
(the UCC), which came into force on September 16, 1955. To guarantee protection
for a copyrighted work in all UCC member countries, the notice must consist of
the symbol © (the word “Copyright” or the abbreviation are not
acceptable), the year of first publication, and the name of the copyright proprietor.
Example: © 1999 John Doe. For information about international copyright
relationships, request Circular 38a, “International Copyright Relations
of the United States.”
FOR MORE INFORMATION ON COPYRIGHTS
Information via the Internet: Frequently requested circulars, announcements,
regulations, other related materials, and all copyright application forms are
available via the Internet. You may access these via the Copyright Office homepage
at www.loc.gov/copyright. Information by Fax: Circulars and other information
(but not application forms) are available from Fax-on-Demand at (202) 707-2600.
Information by telephone: For information about copyright, call the Public Information
Office at (202) 707-3000. The TTY number is (202) 707-6737.
Information by regular
mail: Write to:
Library of Congress
Copyright Office
Public Information Office
101 Independence Avenue,
S.E. Washington, D.C. 20559-6000
http://www.loc.gov
JURISDICTION OF LAW AND VENUE
The Terms Of Use presented on the [AG]WPJA.com site are governed in accordance with the statutes and laws of the state of Connecticut of the United States of America. Any and all legal action
(including court proceedings, claims, hearings, trials or other litigation) taken by or on behalf of the [AG]WPJA shall be held in state or federal courts located in the state of Connecticut. You
hereby consent to the jurisdiction of such venues without regard to your actual state, province, region or country of residence. |
