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|| SportsShooter.com: Member Message Board
Excellent WSJ editorial on copyright
Mark Scheuern, Photographer
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Allen Murabayashi, Photographer
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New York | NY | USA | Posted: 2:12 PM on 05.19.09 |
| ->> great article, mark. thanks for sharing. |
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Allen Murabayashi, Photographer
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Harrison Shull, Photographer
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Fayetteville, WV | Asheville, NC | | Posted: 9:26 AM on 05.28.09 |
->> Interesting....
I just received a registration certificate back in the mail a few days ago and just shipped off the deposit copies for another today. The certificate arrived back in my office exactly three months to the day from the day it was received at the LOC. I'll be curious to see how this registration I ship off today fares. |
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Mark Loundy, Photo Editor
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San Jose | CA | USA | Posted: 4:14 PM on 05.28.09 |
->> Harrison,
Did you register the three-month turnaround electronically?
--Mark |
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Harrison Shull, Photographer
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Fayetteville, WV | Asheville, NC | | Posted: 6:45 AM on 05.29.09 |
->> Mark-
I register electronically via the eCO to get the lower $35 filing fee. But I must admit that the web interface is piece of junk. Seems like all that effort and money could have produced something easier to use.
After filing electronically, I choose deliver by mail and then print out the delivery slip. I then ship via FedEx two exact copies of the images as 4"x6" jpegs on two Taiyo Yuden archival CD's. I average qbout 3k images per submission.
I am not uploading deposit copies electronically for two reasons. First, the upload system at the LOC is not a traditional FTP system but rather a clunky HTML based upload. It is slow, it limits the number of files you can upload per session, and it times out each session after a short interval. And second, I do not relly trust that the LOC knows what it is doing or has the staff, budget, or time to really make sure that my materials are truly archived so that I can actually get the full benefit of the law in the event of an infringement. I mean... if you upload a jpeg electronically - where and how is it stored at the LOC so that in 5 years it can be accessed by an IP attorney pursuing infringement?
So I have invested in top-notch CD media and I send it two exact copies (marked as such) in a effort to increase the odds that the media will open years down the road. Maybe I am paranoid. Maybe this is overkill. However, I do sleep better knowing that I have taken pretty much every step within my power to insure that I get full protection of my images. |
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Samuel Lewis, Photographer
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Miami | FL | USA | Posted: 7:51 AM on 05.29.09 |
->> Harrison,
You can avoid some of the problems with the LOC's HTML-based upload by creating a zip file containing the various images to be registered. It's not a perfect solution, but doing that and using a stable, high-speed internet connection has allowed us to upload complete collections of images electronically.
Allen,
With all due respect to Ms. Layton, the Washington Post article about the delays in registration system appears to have been written by someone without a clue or perspective on what the old system was like, much less basic copyright issues. In short, the article is nothing more than a baseless, child-like emotional plea utterly lacking in any depth, background or understanding one would expect from real journalism.
Copyright registrations--once issued--are effective the date received by the Copyright Office, and the change in the filing system has not changed this basic rule. Thus, the electronic filing system benefits the small author or artist by not only imposing a lower filing fee, but also by allowing immediate submission without the artist or author having to pay for expedited shipping.
In the case of the musician featured in the article who was afraid to shop around her work after the registration was submitted to the Copyright Office, there's absolutely no basis for the fear. If someone decided to infringe the work, the musician would be entitled to statutory damages, etc., because once issued, the registration would have an effective date predating the infringement.
There have always been delays with registrations, and even under the old, paper system the registrations took on average six to twelve months. Thus, if you were faced with an instance of infringement, you effectively had no choice but to pay the special handling fee and seek to convert the traditional application to a special handling matter. Once converted, the registration was usually obtained in one or two weeks, allowing for the commencement of an infringement action.
The shift to the new system has not changed the reality that if you need to register to address an instance of infringement, you must pay the special handling fee. However, what the system has done is made it easier for people who create copyrightable material to register their copyrights. While there is no denying the system's interface is bad, the system does have one positive: the use of templates. Once a template is stored, one can quickly register a collection of images, and the deposit materials can be uploaded directly. Thus, the system, as bad as the interface may be, does make it easier for photographers to integrate into their workflows. |
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Alan Look, Photographer
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Bloomington | IL | United States | Posted: 8:51 AM on 05.29.09 |
->> Harrison is correct. The interface appears to have been written by someone who has never seen an internet application.
Sites from the early 80's were more user friendly.
I've complained to them about a lack of a "completed" button as I often don't complete my submission in one session. When you come back to finish, you can't tell them you are done.
Seems like if they just moved the payment portion to the last step, they would know when you are done. Short of that, a button to click to tell them your finished would certainly be a plus. With out one of those, how are they supposed to know the submission is complete and it's time for them to do the processing?
Yes, submissions are well behind. I've had a few start to roll through, but a majority of my submissions are long past 90 days. When I was doing the paper submissions, 90 - 120 days was about the norm for getting the certificate. |
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