Photographers Who are Independent Contractors or Employees Need to Understand their Rights Under Copyright Law

As an independent contractor or employee, it is important to understand your rights under copyright law when it comes to the work you create. If you are a photographer, for example, you normally hold the copyright on that image and have the exclusive right to license, distribute or reproduce that image.

However, what if you are an employee of a company and take the photograph in that role? What if you are an independent contractor hired by an individual or a company to take photographs? How does this impact your rights?

Copyright in an Employment Scenario

If you are an employee of a company, then typically the copyright of the work created within the scope of your employment belongs to the employer. However, if you have an agreement that allows you to have the copyright over the work created, then the terms of that agreement would apply and you would be the copyright holder.

Examples of this would include a photographer employed by a newspaper, a graphic artist at an advertising agency or an architect employed by an architecture firm. In these cases, the copyright of work created within the scope of the employment would typically be with the employer.

Copyright in an Independent Contractor Role

If you are hired as an independent contractor, the work is generally considered a “work made for hire.” In this case, the copyright of your work will usually belong to the person or company hiring you by the terms of the agreement.

Generally speaking, the organization retaining the creator will have the copyright where it is part of a larger work (ie., an article in a magazine), a translation of another work, a compilation of works, instructional information (manuals), portions of a film or television show, or other use where it is a portion of the larger.

It is important to emphasize that you should always specify who has what rights within the agreement. Many disputes arise because the parties failed to specify this upfront.

In Most Circumstances, the Photographer Owns the Copyright

Unless you are dealing with an employment situation, or a work made for hire where you have specified who holds the copyright, U.S. Copyright Law protects the creator of the work (the photographer, artist, designer, etc.).

As the holder of the copyright, you would be free to license, assign or transfer the copyright to another party (such as a company or an individual). Some choose to license in total, while others license for a limited purpose (such as for use on coffee mugs only, or for 5,000 t-shirts) and use beyond the scope of the license would be a violation.

With an assignment or transfer, you may be assigning or transferring some or all of your rights. The ability to transfer is limited only by your creativity. You could transfer rights for use in a specific country, for use on a television show, for use in product creation, for limited or unlimited quantities, or you could completely transfer all rights. It is entirely up to you.

Contact Sanders Law Group to Discuss Your Rights

If you are unsure of your rights, need assistance in creating agreements or fighting those who have violated your copyright, call Sanders Law Group today. Our copyright lawyers have extensive experience in all sorts of copyright work, and are able to help you assess your situation and determine the best course of action.

Contact Sanders Law Group at (800) 979-3707 today for a free consultation.

Register Your Copyright to Protect Your Photographs and Other Creative Work

Copyright is a form of legal ownership that applies to creative works. Any work that you can consider intellectual property can be copyrighted, including but not limited to photography, books, product manuals, movies, music recordings, original paintings and illustrations, sculptures, software code, and more. Nearly any creative work reduced to a tangible form can be copyrighted.

Why Photographers Should Register their Copyright with the U.S. Copyright Office

When a photographer creates a work, the copyright attaches automatically. You do not have to apply for a copyright to receive one.

However, by registering your copyright with the U.S. Copyright Office, you are provided with legal protection in that you have established a record of the work as of a certain date. Should a dispute arise in the future, you can point to your copyright filing, supporting that the work existed and was filed as of that date.

Filing a copyright registration is also important for seeking damages in the event of a copyright violation. If you registered the work with the Copyright Office, you may be entitled to statutory damages. For this, you need to register your work prior to the infringement or within 3 months of first publication.

Proving You are the Copyright Holder

In some situations, a violator of your copyright may challenge on the grounds that you did not create the work. Registering your copyright with the U.S. Copyright Office is one way to prove that you are the rightful owner of the work, and that the work existed as of a certain date.

While the other party may try to argue that you did not create the work you submitted, you nonetheless have proof that you filed it on a date, which helps you establish your claim.

Securing Statutory Damages for Copyright Violations

Registering your copyright also helps protect you in the event of a violation. In addition to seeking monetary damages, as the copyright owner you may be entitled to statutory damages. This means that you may be able to secure an award of damages, without having to prove actual loss or profit.

Oftentimes, proving specific damages is difficult. Can you prove how many t-shirts were printed with your design? Can you show the revenue they received and the profits they earned? Can you prove how you were harmed by the unauthorized use of your work?

Work with Experienced Copyright Attorneys to Protect Your Rights

Registering your copyright may also decrease the chances of individuals violating your rights and using your work without permission or compensation. If someone wants to use a piece of work, they can check the registration to see who owns it. If you copyright your work, it is more difficult for someone to claim they did not know the work had copyright protection.

At Sanders Law Group, we work with hundreds of photographers and creative individuals to protect their work and their rights. We work with you to enforce those rights, whether via license, settlement, or trial. We are knowledgeable in all U.S. copyright laws, and the issues that arise during these cases.

Contact Us Today to Register and Protect Your Copyright

We know how hard creative individuals work to produce great content. Others should not be able to take your work from you without your permission. When they do, we can assist you in securing damages for their wrongful acts, injunctions against continued wrongs and other remedies.

The copyright attorneys at Sanders Law Group are committed to protecting the rights of creative individuals such as yourself, including registering copyrights, negotiating licensing agreements, and zealously advocating in copyright infringement cases.

If someone is using your work without your permission, call us at (800) 979-3707 for a free case evaluation. We can help you collect the monetary compensation you deserve, and work to enforce your rights.

Copyright Protects Written Work Reduced to a Tangible Medium

If you are an author, a songwriter, or a screenwriter, you probably know that your written work is protected under copyright law. However, did you also know that the laws cover any written work that has been reduced to a tangible medium? This includes things like website content, online lectures, and even software code.

In order to be protected, it must be reduced to a tangible form (including digital media). An idea in your mind, a storyline or concept for art, not reduced to a tangible medium, is not protected.

Examples of protected work include:

• books
• articles
• plays
• paintings
• sculptures
• poems
• song lyrics
• website content
• lectures recorded in audio or video form

This is not an exhaustive list. Any written work that is reduced to a tangible medium is protected under copyright law.

Who is a Copyright Holder?

In most cases, the creator of the written work is considered the copyright holder. However, there are some exceptions where another party may hold the rights. For example, if you’ve been hired as an employee or independent contractor and your agreement specifies that the other party holds the copyright, then it would be theirs.

Understanding Your Rights as a Copyright Holder

As the holder of the copyright, you need to understand your legal rights. You control how your work is used. You can license your work for any purpose, specific purposes, and can even transfer your copyright to a third party.

Under federal copyright laws, you have the right to enforce your copyright against those who violate it, including seeking injunctions and damages for the infringement.

It’s important to note that copyright protection begins automatically upon the creation of your work, without the need for registration. However, registering your copyright can provide additional legal protection, makes it easier to enforce your rights, and allows you to seek “statutory damages” for infringements of your work.

The Importance of Registering Your Copyright

There are several reasons you would want to register your copyright:

• It creates a public record indicating you are claiming ownership of the work as of a certain date
• A registered copyright acts as evidence of your copyright claim
• By registering within three months of first publication or before the infringement starts, you can seek statutory damages which can be more substantial and easier to prove than actual damages

Statutory Damages Under Copyright Law

Statutory damages are important because you do not have to prove actual damages to recover. Actual damages involve showing a measurable loss, profits someone made using your work or a loss you suffered by their use. Calculating this and substantiating this can be extremely difficult.

In contrast, the law provides for statutory damages, which set for an award without proving actual damages.

As noted above, you need to register within three months of first publication or before the infringement occurs.

Copyright Protects Work That Has Not Been Published

It is also important to note that copyright protection begins upon the creation of your work, whether or not it has been published. If you create the work and put it away in a file, in a box or just in an image on your Mac (for example), you still have your copyright interest in that work.

If your work is infringed prior to registration, you do have the right to enforce your copyright. Your rights are not limited to published works.

Contact Sanders Law Group if Your Copyright Has Been Violated

If you believe your copyrighted work has been infringed upon, contact Sanders Law Group for help enforcing your rights. Our experienced attorneys can help protect and enforce your copyrights, both in negotiating settlements and litigating claims.

Contact us today at (800) 979-3707 to discuss your case.

Tips For New Videographers – Copyright Included

Are you thinking of becoming a professional videographer? Do you love filming? Are you planning to make a movie? If you are new to any professional field, there are some things you should consider prior to embarking on your path.

When it comes to filmmaking or videography, you can find many tips on ways to get started on your first project. Most of the advice comes from seasoned professionals who have been in the industry and want to help you understand some of the essentials of making high-quality, interesting, or engaging movies and videos.

These tips are useful, but don’t always include everything you need to know. For example, you can find a list on visme.com that includes:

• Plan ahead – set goals, identify audiences, find locations to shoot
• Choose the right type of video
• Use high-quality camera equipment
• Make sure your lighting is right
• Select good audio equipment
• Make sure you have excellent video editing software
• Market your work

What is missing from this? Any tips for videographers just getting started should include copyright. Why? Because creative professionals should understand their legal rights and their legal obligations to use their work and that of others.

Copyright Tips for Videographers

As you are starting out (or are already in the industry), some of the things you need to consider in the copyright realm include the following:

• When you create an original video, you automatically have copyright. Copyright is the exclusive right to copy, distribute, and sell it.
• When you upload your video to an internet platform, you might be agreeing to forfeit some of your exclusive rights, based on the terms of service of that platform.
• Be careful using music in your video. You could be infringing on another person’s copyright by using a song without permission, a license, or payment to the copyright owner.
• If you film individuals, consider having them sign model release agreements, ensuring you have the right to use the footage in which they appear.

This list is by no means exhaustive. But before becoming a professional videographer or filmmaker, you need to learn a bit about copyright to protect yourself. Our site contains a great deal of information to help you on your journey. Of course, if you need assistance, please contact our copyright lawyers for a consultation.

Call Our Copyright Lawyers to Protect Your Rights

At Sanders Law Group, our US Copyright Attorneys represent all types of creative professionals who have copyright issues. Our lawyers understand how hard you work to create something original or unique and how challenging it can be to reap appropriate financial rewards – whether you are just starting out or trying to grow your existing business.

We strive to help the creative community protect their legal rights and obtain fair compensation for their work. Our lawyers are fully prepared to seek damages when someone uses or copies your work without permission.

Call our copyright lawyers today at (800) 979-3707 to learn more about how we can help videographers with their copyright needs.

Source:

• https://visme.co/blog/video-tips/

What Can Copyright Lawyers do For Videographers?

If you are a videographer, you might ask yourself, “Do I really need a copyright lawyer?” or “Why would I need a copyright attorney?” These are valid questions.

The attorneys at Sanders Law Group want you to understand how copyright lawyers can help you protect your work and rights. Our law practice handles copyright infringement cases and other copyright-related issues for all types of creative artists such as yourself.

When it comes to videographers, our goal is to ensure that your work and your business are protected. We want you to receive compensation for your work, and compensatory damages when someone violates your legal rights. Sanders Law Group can help you every step of the way, from registering copyright to litigating a copyright infringement claim.

Here, we share some considerations if you are thinking about hiring copyright lawyers.

Copyright Lawyers Can Protect Your Legal Rights

Copyright lawyers can work from the start to help protect your legal rights. For example, we can help with the copyright application or registration process. We can tend to the accuracy and timing of your paperwork to minimize any potential discrepancies in the future.

Our copyright lawyers can also negotiate terms and draft licensing agreements that reflect your intent and protect your financial interests. For example, if you create a video and a company wants to use a clip for a marketing campaign, copyright lawyers can ensure that you understand the scope of its use and receive appropriate compensation for granting permission.

Copyright Lawyers Can Help Enforce Your Legal Rights

Sometimes, despite all your best efforts, people will try to take advantage of your hard work. If that happens, our copyright infringement lawyers can seek to enforce your legal rights and collect damages for your losses.

For example, if someone uses your video outside the agreed-upon terms of a licensing agreement, we can seek damages. If someone uses your video without permission, we can pursue a copyright infringement case to collect actual or statutory damages.

Do I Need Help from Copyright Lawyers at Sanders Law Group?

You might benefit from hiring copyright lawyers if you create a new video or film. Why? Copyright attaches automatically to original, creative work. However, you should file a copyright registration as soon as the work is fixed in tangible form. Why? Because in the event of copyright infringement, you will be entitled to seek statutory damages. You will also be creating a presumption of ownership. Copyright lawyers can ensure your filing and registration are accurate, complete, and timely, which can become very relevant in the event of copyright infringement.

Having confidence that your copyright is valid is important. But it doesn’t necessarily stop others from using your work without your permission. Copyright infringement can still occur, and when it does, you should have copyright lawyers representing your interests. If you suspect copyright infringement, Sanders Law Group can help you through the process of filing a lawsuit and collecting appropriate damages.

Ask yourself:

• Did someone illegally download my video and sell it to others?
• Did someone copy my work and distribute duplicates?
• Did a clip of my work appear in a video game, movie, or show?

You might have a copyright infringement claim if any of these things occurred. Calling Sanders Law Group at (800) 979-3707 should be your first step toward putting an end to copyright infringement and collecting damages.

Call Our Copyright Attorneys for a Free Consultation

The decision of whether to seek help from our copyright lawyers at Sanders Law Group should not be a difficult one. We offer no-cost, no-risk consultations and take copyright infringement cases on a contingency fee basis.

If you are a videographer or filmmaker, call us today to find out how we can help protect your legal rights. We want to preempt problems and see that your copyright, video work, and business are protected from unlawful use. If someone violates your copyright or the terms of a license, we want to ensure you collect the maximum damages allowed by law.

Call our copyright attorneys at (800) 979-3707 to get started.

Copyright Tips for Videographers

As someone who makes videos for a living, you must know how easy it can be for someone to copy and use your work without permission. Your creative work can be a target for copyright infringement, especially when your videos are accessible online.

You should also know, as a videographer, you also must be careful not to use the copyrighted work of others in your own videos unless those works are properly licensed.

You need to protect your work from copyright infringement, and you don’t want to violate the copyright of others. Here are nine things to focus on to help you understand your rights and obligations when it comes to videography and copyright.

A Copyright Legally Protects Your Rights

Copyright is a property right that attaches automatically to creative, original work when it is fixed in a tangible medium. Copyright gives the copyright holder or owner exclusive rights such as how, when, and where the work gets used, displayed, performed, and copied. Copyright laws are federal laws, and are enforceable across the nation (and in many other countries as well).

Copyright Infringement

Copyright infringement occurs when someone uses copyrighted work without consent or permission of the copyright holder. This could be from someone downloading it from the web and republishing without permission, using a screen capture of the video oin a product (i.e., t-shirt design), republishing the video on a news site, in a blog post, on a sharing site such as YouTube or in any other way that you have not authorized.

A copyright infringement may also occur when someone uses your work beyond the scope of a license you have granted to that person or entity.

Release Forms or Release Agreements

If you are filming individual people such as actors or models in your video, you should consider having them sign release forms. A release form gives you the right to use the video footage of them however you want to. If you are filming random crowds or people wandering the streets, there is no need for release agreements to retain the rights to the video footage , however, you may face claims from others for using their image. It is best to have signed releases when possible.

Make Sure You Get Music Legally

Music is an important part of most videos or films. Unless you are using royalty free music in your video, you must get permission from the copyright holder. You also need to be sure the music is actually royalty free and audio that has been published as “royalty free” when it is not. (I do not understand this line and it does not sound grammatically correct either) Otherwise, you run the risk of being a copyright infringer and facing claims from the creator or license holder of the audio.

Note that in some cases people license audio that is not royalty free for use in videos. These often carry a much higher cost, and you need to examine the license agreement carefully to determine the costs. While “royalty free” is what many prefer (to control costs), whether you are using audio on which you pay a royalty, or audio that is royalty free, you want to be sure you are not violating a copyright of the creator or license holder.

Make Sure You Get Images Legally

When you are shooting your video, make sure that any photographs, paintings, or other non-moving images you film are done so legally. You might have to get permission from the original photographer or artist if you want to include an image as part of the video (which may include paintings in the background of a room, t-shirts and hats worn by individuals, or other images that may appear in the video.

Similarly, if you are using moving still images, such as a Ken Burns effect, in your video, you need to be sure that moving still image is properly licensed and may be licensed for the purpose you intend.

Registering Your Federal Copyright

Once your final work is complete, you automatically hold copyright. However, registering your copyright can be an important step if someone infringes on your rights. You need to hold a valid registration to commence a copyright infringement lawsuit. Additionally, the timing of your registration and the alleged infringement can affect the type and amount of damages you might be entitled to collect.

Notice of Copyright

If you decide to release your video to the public, consider placing a copyright notice at its start to let people know it is protected work. While all work is considered protected, putting parties on notice of your copyright strengthens your claim against them should someone violate your copyright.

Fair Use

Fair use is a legal doctrine – often used as a defense to copyright infringement. If the use of copyrighted material falls under this doctrine, it may be legally used without the copyright holder’s permission. For example, if someone uses a clip from your video to report a news story, the court may deem this to be fair use and not copyright infringement. Alternatively, if you are creating an educational video about an American hero, filming a copyrighted photo of your subject may also be fair use and, therefore, not copyright infringement.

Fair use is determined on a case-by-case basis with many factors, including the extent to which the material is used, are they adding value (such as commentary) or merely rebroadcasting it, and other considerations.

Uploading Your Videos

Be sure to understand the implication of uploading your videos to any internet platform (for example, YouTube, Vimeo, Facebook, Twitter and others). Doing so might compromise some of your rights to the material. Be sure to read the terms and conditions of the service before uploading your content, so you fully understand what rights, if any, you are releasing.

Call Our US Copyright Attorneys at Sanders Law Group for Assistance

If you are a videographer with copyright concerns, call our lawyers today for a free consultation. Sanders Law Group is dedicated to ensuring creative professionals like you receive compensation for your work and damages when someone violates your copyright.

Let us help you protect your work and advocate for you if your rights are violated. Call our copyright infringement lawyers today at (800) 979-3707.

Derivative Work and Copyright

Understanding copyright means also understanding what does and does not receive copyright protection.

Copyright protects original work that includes creations that fall into the following categories:

• Fiction and non-fiction literary work
• Sound recordings
• Musical work, scores, and lyrics
• Plays
• Movies, television shows
• Visual art, like paintings, sculptures, drawings, and
• Photographs

Copyright also protects derivative work. What does that mean? It means that if you own the copyright to something, you also own the copyright to work that derives from it.

What is Derivative Work?

Derivative work is based on work that already exists. The U.S. Copyright Act of 1976, 17 U.S.C. Section 101 defines work that’s derivative as:

Examples of derivative work often include:

• A new musical arrangement
• The adaptation of a book (into a play, movie, or screenplay)
• A revised, updated, or new edition of a book
• A translation of a book
• A book sequel
• A movie sequel

According to copyright, derivative work must have substantial new material and be creative and original in its own right.

Copyright Infringement of Derivative Works

Derivative work is protected under the same copyright as the original. This means that the person holding the copyright to the original also owns the rights to the derivative work.

If someone creates derivative work without permission or a license, the copyright owner of the original work can bring a copyright infringement lawsuit against that party.

Once copyright expires, it is free for public use. When this occurs, if someone modifies the work or makes something derivative, that work is entitled to copyright protection. This means anyone can use the original (expired) work but not your modified/derivative version.

Does “Top Gun: Maverick” Violate Copyright?

In May 2021, Paramount released the blockbuster hit movie “Top Gun: Maverick,” two years after pandemic delays. “Top Gun: Maverick” is the sequel to the 1986 hit “Top Gun.” The original film was inspired by a news article written by Ehud Yonay, who has since passed away. Paramount received the rights to the story in 1983.

According to an Entertainment Weekly article, the family of Yonay claims that the copyright to the story reverted back to them under copyright law in January 2020. There is a section of copyright law that allows a party to terminate copyright after 35 years. The family of Yonay executed this provision.

The lawsuit alleges that Paramount was legally obligated and failed to re-acquire its right to the story before creating the “derivative” sequel.

The studio claims that the movie was “sufficiently” complete before the expiration of the copyright, which was January 24, 2020. Paramount also claims that the Top Gun: Maverick is not derivative of the original article.

The court will consider several things in deciding this copyright case. Is the sequel derivative of the original article? Are there sufficient similarities between the original article and the new movie? Does it matter if the film was “substantially completed” before the rights expired? Did Paramount ignore the termination of rights notice?

Yonay’s family wants the court to grant an injunction stopping the film’s distribution. The complaint also asks for profits from the hit sequel.

We will have to wait and see how this case gets resolved.

Call U.S. Copyright Attorneys at Sanders Law Group For Copyright Assistance

Our copyright lawyers at Sanders Law Group work hard for creative artists around the globe. We want to ensure that your rights and business are protected to the maximum extent possible. When someone violates your copyright by creating a derivative work without permission, we want you to receive the most compensation allowed by law.

Call us today at (800) 979-3707 to schedule a free copyright infringement consultation.

Source:

• https://ew.com/movies/top-gun-maverick-sued-copyright-amid-box-office-success/

What Photographers Should Know About Photo Licensing

If you are a professional photographer, you should know the basics about licensing your pictures.

Licensing your work is a way to hold on to your copyright while allowing others to use your pictures under agreed-upon terms. Licensing can provide an excellent source of income for photographers without giving up all rights to your creative work.

Our US Copyright Attorneys at Sanders Law Group share some licensing information that might help photographers understand their purpose and how licensing can benefit you and your business.

What Does Licensing Photographs Mean?

Photograph licensing means that the copyright holder (let’s assume it is you, the photographer) grants the right to use an image to someone else. As a copyright holder, you have the exclusive right to copy, distribute, and display your image. Licensing gives some of those rights to others.

What Is a Photography Licensing Agreement?

A photography licensing agreement is a contract. The copyright owner, you, the photographer, is called the licensor. You are licensing the rights to use the picture.

The licensee is the person or entity obtaining the right to use the picture.

The licensing agreement or licensing contract contains specific terms that regulate the use of the photograph and the payment of fees.

Why Licensing Agreements Are Important to Photographers

Licensing agreements allow photographers to retain their copyright while providing the ability to let others use their pictures. Licensing agreements let photographs set the terms of how and where the pictures get utilized. Perhaps most importantly, licensing agreements can provide an excellent source of revenue for many photographers.

What are the Most Common Photograph Licenses?

Non-Exclusive/Exclusive License to Use Photos

Granting an exclusive license means you give one person/entity the right to use your photograph.
You agree not to grant use to anyone else.

Giving someone a non-exclusive license means you can agree to let others use the same photograph.

Royalty-Free Photograph License

A royalty-free license is granted for a flat fee. A royalty-free license is non-exclusive and has no usage specifications.

Rights-Managed Photography License

A rights managed license contains limitations regarding the use of the photograph. The limitations can involve a time period or geographic scope.
A rights managed license is usually a one-time use license.

Unlimited Use of Photographs

An unlimited use license does just what it sounds like. It allows someone to use your photograph without restrictions until the license period expires. Unlimited use does not mean never-ending. It means that the licensee may use the picture freely for the time agreed upon.

Photography Licensing Considerations

When contemplating whether (or how) to license your work, some photographers seek the advice of copyright lawyers. Experienced copyright attorneys can answer specific questions, help you protect your rights, and assist with calculating reasonable fees.

There are various things to consider when granting a photography license which is why it can help to have a third party working on your behalf. In addition to general terms of use, you should consider:

• Attribution requirements
• The right to edit your work
• The right to sub-license
• Appropriate licensing fee
• Other fees
• Time frame
• The geographic scope of use
• Platform limitations
• Temporal or spatial limits
• Third Party Distribution

Call Sanders Law Group today for help drafting and negotiating photography licensing agreements.

Our US Copyright Attorneys offer risk-free, no-cost consultations. Call us at (800) 979-3707 to get started. Let our copyright lawyers help protect your rights and your professional photography business.

The Basics of Photography Usage Fees

Being a photographer is a difficult job. It takes time, patience, and tremendous skill to capture images that appeal to others.

When photographers take pictures, they automatically become the property of the photographer. They own the copyright to their work and have exclusive rights to the images.

Licensing photographs is one of the primary ways professional photographers make money. By doing this, the photographer can retain ownership over the pictures and regulate the terms that control their use by others. Photographers can earn a living by charging usage fees and entering into licensing agreements.

Here, we will take a closer look at photography usage fees and the licenses accompanying them.

What Is A Photography Usage Fee?

A photography usage fee is a term interchangeable with a licensing fee. A usage fee is what someone pays to use your pictures. The terms of the license govern how the images may be used, where, and for how long.

Are There Standard Usage Fees for The Photography Industry?

No. Usage fees are determined by the photographer or other entity that owns the pictures. Different photographers can charge different fees. Usage fees also vary depending on the photo itself or how it will be used.

However, a photographer or other entity may have a standard usage fee for their work.

Should Photographers Post Usage Fees on Their Websites?

Making your usage fees public is not a requirement, but it can help should you find yourself in litigation for copyright infringement.

When you have a registered copyright certificate, and someone uses your photo without permission, you might be entitled to statutory damages. Statutory damages could range from $750 to $30,000 and up to $150,000 if copyright infringement was willful. How does the court decide on an amount with this vast range?

One factor the court considers is the licensing fee. Many courts will take the licensing fee for using the photo and multiply it by a factor of three to ten.

By having your licensing fees on your website, there can be little question about the value of an appropriate fee. In other words, it helps the court determine damages you suffered in your claim against an infringer.

What Do Licenses Regulate?

People pay usage fees to license your work. Licenses control the way your pictures may and may not be used. Licenses tend to include terms about editorial use, commercial use, and use for promotional purposes. When someone pays a usage fee, they agree to use the pictures according to the terms of the license.

What Does A Basic License Contain?

A license to use a photograph should contain the following basic information:

• The name of the client called the licensee.
• The name of the photographer called the licensor.
• Photography credit information such as the photographer’s name and website URL
• The date the usage or license begins
• The duration of the license or when it ends
• Whether the license is exclusive or non-exclusive
• Any territory in which the pictures can and can’t be used
• How the pictures can be used such as in print magazines, billboards, websites, on commercial products, digital ads, and more

How Do You Calculate Usage Fees?

Some websites offer calculators to help photographers establish “appropriate” usage fees for their work. Some photographers ask for assistance from lawyers who specialize in representing the rights of photographers.

Generally, the usage fee associated with a photography license will vary with the terms of use included in the license. For example, photographers typically charge a higher fee for an exclusive license than for a non-exclusive license. Photographers also charge more (and licenses get more complicated) when the image will be used for commercial purposes instead of personal use.

Photographers Call US Copyright Attorneys at Sanders Law Group

If you need help drafting licensing agreements, calculating appropriate usage fees, or other copyright-related issues, call our offices today at (800) 979-3707 to schedule a free consultation.

Our US Copyright attorneys represent photographers, videographers, and other creative professionals and can assist with copyright litigation, registration filing, negotiating licensing agreements, and more.