Re: Re: Unpublished Photographs - Deposit Requirements

From: David Carson <daca[_at_]loc.gov>
Date: Thu, 27 May 2004 09:19:21 -0400

See the Copyright Office regulations at 37 CFR 202.20 (c)(2)(xx), which provides that an acceptable deposit for groups of photographs registered with one application under Secs. 202.3(b)(3)(i)(B) (unpublished collections) or 202.3(b)(9) (group registration of published photographs), may include:

(A) Digital form on one or more CD-ROMs (including CD-RW's) or DVDROMs,  in one of the following formats: JPEG, GIF, TIFF, or PCD; ...
(H) A videotape clearly depicting each photograph.

Regards,

David O. Carson
General Counsel
U.S. Copyright Office
>>> ket354[_at_]yahoo.com 05/26/04 9:17 AM >>>
I'm not sure, but I am also not sure of whether it is a good strategy to register a large nuber of phtographs as a collection. In a possible fair use argument down the raod it may be easier for the defendent to argue that a single photo is an insignificant portion of the collection as a whole.

Anyone ever seen this argument used? (successfully or not.)

I would presume that the argument would only be useful in determining whether the plaintiff gets the benefit of the early registration, as the photo can always be registered on its own at a later date.

Also, why is unpublished photographs in quotes? If you are not sure of their status is it really good practice to tell the copyright office that they are unpublished?

Back to your question: If you register the video and call it a collection of photos, and someone copies the photo, as opposed to the video of the photo, that will be a lot of fun in court! What your client saves in copying costs will be more than made up in litigation expenses!

Enough rambling . . .

Keith

• Lloyd Rich <rich[_at_]publishingattorney.com> wrote:
  > My client will be copyright registering a collection
  > of "unpublished
  > photographs".
  >
  > Can the deposit requirement be fulfilled by
  > providing a CD-ROM or or
  > videotape of the collection?
  >
  > If not, what type of deposit can be made other than
  > providing an
  > individual copy of each photograph included in the
  > collection.
  >
  > Thanks for your assistance.
  >
  > Lloyd L. Rich
  > Attorney At Law
  >
  > Lloyd L. Rich, P.C.
  > 1163 Vine Street
  > Denver, CO 80206
  > Phone: (303) 388-0291
  > Fax: (303) 388-0477
  > E-mail: rich[_at_]publishingattorney.com
  > http://www.publaw.com
  >
  >
  >
  >
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Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Thu May 27 2004 - 17:19:21 GMT