work for hire, photographers. Graphic artists run don't walk from evil unless you are really having trouble making bank on a given month. You need to really think about work for hire. Because if copyright is relevant to you, if copyright is important to you, if you do work for hire, you don't own it. Now, if that's okay with you, more power to you. But if you intend to control the right of your work to be reproduced displayed, exhibited derivative works from your work and you do a work for hire agreement. You're out of luck. Now, I rely on work for hire agreements with my assistance. So I'm not gonna hire anybody that won't sign it. But, you know, I where I'm at in my career, I'm gonna license my work. I'm not gonna I'm not gonna do work for hire agreements. I mean, I'll negotiate a license, but I won't negotiate, negotiate away my copyright makes sense to everybody. All right, Let's talk about some exceptions on when we can use things Fair use. Uh that should be over there. Fair use. ...
There's this concept that we can't control every little bit of our work that a limited reference to it for certain educational purposes, or a limited passing reference to. It is not an infringement. Uh It's a case by case, fact based analysis. Everybody that gets sued for infringement, their lawyers going to include the fair use defence. Uh It really depends on the facts. The other thing is things that are editorial or newsworthy, if you're going to take a work and and use it to to to make an editorial point, like on an editorial page of a newspaper, there's an editorial exception. There's a limited, non commercial education exception. Um and again, there's this concept now that we can use thumbnails of your images on the google search engines and where they're small enough and they're really not reproducible that that is not a copyright infringement. When they take our images in the search indexes, uh put them make thumbnails of them and put them out on the web. Okay, so one more time I'm driving this point home, what's your copyright? It's the right to reproduce it. Let's reproduce me copy to copy it. To display it, to hang it in an art museum, to hang it in a home, to hang out on the street, to make derivative works from it, to change it somehow, to improve upon it to to to draw from it and make other things to distribute and license it, sell it and transfer it, and again, to pass it to your heirs. Listen, there's two things that are certain death and taxes and when you die, your property gets passed to your heirs, either in a will or through in testis er in a trust and that those things that get passed to your heirs include the copyright to all of your images, sculptures, graphic art, paintings, music. All of those things that we as creatives make, they're going to go to our ears and you know what they affect your federal estate tax because they're worth something. So you need to think about your copyright and how it affects your estate plan. The copyright does exist when the work becomes fixed. Okay? So the copyright is created but you don't have the right to sue for infringement unless you register it. All right? So what does when do we have to do it? If it's published on the website, an album? If it's made available to the public, You have to do it within 90 days of publication, there's a little grace period. If it's non published, it needs to be done before infringement or at least within five years published means is it is it presented to the public? Um and if it is, then you have to send in two best editions. And generally that's uh more of a hi res version of it. That is better than what we're gonna send in for the unpublished work. So when we register today, I'm assuming we're gonna be registering some unpublished works. Uh, registration is easy and cheap. It's 35 bucks online. We're gonna do it today. bucks on paper. You can register annually a fun published or you know about every three months if you're publishing we do it online. I'm gonna show you how All right um about how we're getting ready to register, but I want to come back to this concept of is registration worth it. So, let's have let's do a new new registration register a new claim. Here we go. Um I am registering one work, one song, one poem, one photograph. Say no. The work was created by one person. Say yes. The copyright in the work is solely owned by the person who created it. Say yes. And then we start the registration Now do not use your browser's forward or back button or utter destruction and mayhem will result. You must use the government's buttons. Okay, so let's go ahead and open this up. Craig. Can the files be zipped to make upload? Go faster. Yes zipped. Yes. Great zip away, zip away. Thank you. They're thinking so creative. Okay, what are we registering a literary work? A sound recording, what what what is this? This is a work of the visual arts. And you can click on it if you want to know what the definition is. But for type of work, pick work of the visual arts for a picture, it's a book so forth, and so on, click continue. If you need to stop, make sure you click the save for later button, give the title exactly as it appears. Um You can create a new title. I like to say we will call this um the title is I'm gonna call it. This is just for our it doesn't matter what you call it. You could call it anything that you wanted this wedding. I don't remember which wedding. This was Alcorn. Alcorn Wedding 2013. Sound good save. You can call it untitled one. Untitled 2, et cetera. Doesn't matter. Continue the next screen that will come up. Hopefully will allow us to give some more information. The next batch of information we're gonna be entering pertains to who owns it, where we want the mail sent. Uh if we've transferred the copyright to anyone else and things like that. I see the little blue circle valiantly orbiting and here comes actually the bandwidth is probably being all sucked by healthcare gov dot gov today at the government and they've got somebody on it. I'm sure there'll be a few congressional hearings. As to why my connection is slow. Has this work been published? What's the answer? Creative livers? No. Oh no. The year. What did I tell you? It was 2013. There's no preregistration numbers to just skip that and click continue. Uh huh. The name of the author. Now since we've already logged in, all you have to do is magically click the add me button, add me there I am. It asked me about my citizenship. I'm gonna pick us, it's gonna ask me where I live, I'm gonna say us and that's good enough click save. Um author created what what am I what am I submitting? All right, photographs saved, continue identify the copyright claimants, click add me, puts me in again. Now if I had transferred this to Apple Studios I would list Apple Studios is the claimant. I'm just gonna go ahead and register this in my own name because I haven't done a copyright transfer for Apple Studios. I craig was the one that pushed the button on the shutter or my assistant. We're almost to the end after you pay then we'll have the opportunity to upload. So upload happens after we pay. Okay. Not very daunting, is it jim so far other than waiting for the website to come up here we go identify the claimants in the work. There I am. I'm just gonna hit the continue button. It's gonna take me it's gonna ask me whether I am limiting my copyright at all on the next page. See where it says limitation of claim up here. We're not limiting it. So we just hit the continue button that's going to take us to rights and permissions. I'm not giving anybody any specific rights or permissions with this. So I'm just gonna hit the continue button. If I had granted a license, I might include that there and the correspondent is just the person that you want. The actual certificate sent to. I'm gonna click add me, it'll put me in there and then I'll click the continue button. Takes me to the mail. I'm sorry. Now there's the mail certificate button. You can click add me again. Continue correspondent is who they'd write to our contact if there was a problem. If there were an immediate infringement and Craig wants to sue somebody, we'd click special handling and we'd pay about $750. And this sucker would be registered and they'd overnight the certificate to me because you have to have the certificate to file the lawsuit. Okay. So we're not going to pay an additional $760. Do not click anything on this page or you will be charged click continue home stretch certification. We've got to make some government certification. So we've got to type our name in and then click continue. Okay, preview all of this. Let's see what happens. Um How on this fancy computer do I scroll down? Oh, that's just a down arrow. Rocket science. Um Everything looks good. Published. No, there's me uh no material excluded. No rights and permissions. There's the correspondent, there's who email the certificate to. Okay, so this all looks fantastic. I've double checked it. Now, see my save template button right here, save as template. That's where you click that to save it to use later for an unpublished work. And if you click save template, I'll just go ahead and do that and show you how it works. I'm gonna call this unpublished Photographs to I've already got one work of the visual arts and then just hit this little save button and it'll save it and let you use it later. And then it kicks us back to where we were at. And I'm going to click add to cart and once I added to the cart it I'm ready to pay for it. I want to pay with a credit card. A ch right, that's a credit card isn't it? In most in the northern hemisphere. Anyway, so I'm gonna click that and I'm leaving. I'm fine to leave