The three words we dread to see on products when we hike to the grocery store to stock up on our favorites, are the words “New and Improved!” (Always with one or two exclamation points). Uh oh. That doesn’t start with a T, but it still spells trouble here in River City. Usually, it’s a new box, new design around our cereal or a new jar holding our peanut butter. And gloryoski, the price and the taste is still the same. But wait a minute; any shopper over 8 years old knows what’s coming next. There is less cereal or less peanut butter in the jar. What the……? This improved part is for the manufacturer, not for us the customer.
The Copyright Office has just announced substantial changes to the registration process. These changes will take effect soon on February 20, 2018. The changes in the procedures will affect registering both published and unpublished images. We will be following up this article shortly with more details but for now please be advised that unless you are filing registrations before February 20, 2018, the rules of the game have been changed by the folks in DC.
What are the new registration changes at the Copyright Office? This is what we know. The amount, $55 per application apparently stays the same, but there’s a lot less in it for photographers. While in the past you could register thousands of images on one application, like Jack’s 13,000 from a two week African shoot, you are now limited to 750 images per application. That’s for a group registration of published or unpublished photos. And still, the two cannot be mixed together. Published and unpublished are still segregated in registration applications.
At a 750 limit, it means that Jack’s 13,000 images from his Africa trip would take 17.3 applications to register. OK, let’s edit a bit and call it 17. That would cost him $935 dollars to register his Africa images rather than $55. Let’s get it down to another example, a much smaller amount, like a wedding photographer, who knows that if they over-shoot, the editing and post production time costs them money. Let’s say they clamp down, turn off that motor drive, and shoot just 1,500 images. The registration now doubles to $110 for that registration, rather than $55. Try and pass that on to the bride and groom who are already upset at what the rose petals for the ring girl cost them.
As they say on TV: But wait! There’s more! When registering you now have to submit an Excel spreadsheet, a PDF, or some other accepted listing of all file titles of each image separately.
It reads thus under item (10) in the new rules: “The applicant must submit a sequentially numbered list containing a title and file name for each photograph in the group…”
That title has to match the file name you have for that image, but that’s easy. This was always required for registering published images, but not for a collection of unpublished images. Not a big hurdle, but still something that has to be done.
There is an advantage to this in that they are eliminating the distinction between a collection and a compilation, saying that each image is now it’s own “work” and can be litigated separate from the whole. So if two images were infringed from one registration, it would be two separate infringements, not one. It’s a technical issue that reads well and is good, but truthfully, that’s been the practice in infringement litigations. Each image in a collection (not a compilation) has been viewed as separate infringements
There are some minor changes that will affect companies that have staff photographers, stock agencies, and registration services that all try to mass register a group of photographers. No can do. Each application needs a single “author” of the work. We think this might be the result of Corbis and Getty and such, screwing up and having registrations that contained multiple photographers thrown out in court.
For some photographers who work together in collaboration this single author issue will be a big problem as they can no longer have a “co-registration”. Only one author to photographic works. The copyright office says they will look at such issues on an individual basis, but since they are already saying they are understaffed, and we see this issue as being very burdensome process for both sides if they do it case by case.
Please understand, we love the Copyright Office and it’s staff. They are wonderful to work with if you have questions or need help. They are the anti-DMV in that respect. They are underfunded and under staffed. We know that. But this new and improved system that they are touting is new and improved for them, not us.
The process for published work is being streamlined and improved, eliminating their “pilot” program that effectively eliminated the need to have an inspector assigned to you until they felt you understood and knew the registration process. What they’re doing is now lining up the process used for published work with unpublished work. Easier for them, not so great for us.
Some of the new directives seem to be written with someone’s tongue firmly in one’s cheek. The one we really like is they point out while there is a 750 image limit now, you can submit as many $55 as you want. The wording states: “But it is important to recognize that the final rule does not impose any limit on the number of applications that may be submitted at a given time.”
In other words, feel free to spend $935 rather than $55 for those 13,000 images. The Copyright Office will not limit, will not put a ceiling, on how much it now costs you. So if you want to buy the smaller volume cereal box at the same old price, you can buy as many boxes as you want. Yeah, thanks. No limit to my added overhead expenses.
The Copyright Alliance, the usual collection of alphabet trade organizations representing photographers, did ask for some great improvements during the study put on by the Copyright Office. But they were heard, their objections and ideas were basically ignored. They asked that unpublished work be given the same three month window to register after an infringement happens to be fully covered with the benefits of preregistration, namely statutory damages and lawyer fees. Wow. That would have been huge; a huge help for photographers, but it’s a no go.
More to come on this as we get more info, so stay tune to this same channel.
#1 by Adam Jason on January 26, 2018 - 9:11 pm
Given the rejection of the proposal that “unpublished work be given the same three month window to register after an infringement happens” mentioned in the last paragraph of your post, is it fair to say that we can/should consider anything that is made available, in any capacity (shared, posted, etc) as published? with the assumption that anything unpublished can’t be infringed on (since it’s not available to be “stolen”)?
#2 by Vivian on January 26, 2018 - 9:17 pm
You know whose fault this is, right? It’s Jack Reznicki’s fault! The copyright office caught on to him getting away with huge registration discounts and derailed the gravy train. Just kidding! I don’t earn an income from photography, so this is not an expense I can pass along to a client. Instead, I’ll use this as an incentive to keep only the best shots to register. Minimalism saves money…
#3 by Jack and Ed on January 26, 2018 - 11:07 pm
Hey Adam, There are grey areas as to what constitutes “published”. Just sharing online may not be published, there are some considerations. The Copyright Office says they will clarify with examples soon. We’ll wait and see.
I think you miss the point of registering unpublished before an infringement. If you register an image as unpublished, you can then have it published and you’re completely covered. We recommend to register before publication so you can register it as unpublished. Like I register my images before I upload them on social media, so I’m fully protected.
Jack
#4 by Jack and Ed on January 26, 2018 - 11:08 pm
Hey Vivian, Yeah, I get blamed for everything. You sound like my wife! ;->
Jack
#5 by Adam Jason on January 27, 2018 - 11:04 am
Thanks Jack, examples will definitely help, as I was considering anything released in any capacity as published (available to public) – hence my point about a 3 month window being not as important if you took my definition, as how can it be infringed upon if it’s never been received by the “public”
#6 by Jeff Sed!Ik on January 27, 2018 - 12:00 pm
Jack and Ed, I have 3 comments/suggested clarifications.
You wrote:
“There are some minor changes that will affect companies that have staff photographers, stock agencies, and registration services that all try to mass register a group of photographers. No can do. Each application needs a single “author” of the work. We think this might be the result of Corbis and Getty and such, screwing up and having registrations that contained multiple photographers thrown out in court.”
This is an objectively Incorrect interpretation. From inception, the regulations for group registration have prohibited submission of a group registration of photographs created by multiple authors. Every group registration of published photographs that includes photographs captured by multiple photographers (secondary shooters, assistants, employees, contractors) is invalid. The revised regulations will permit photographers, for the first time, to combine photographs created by multiple photographers onto a single registration, provided that all photographs were authored by the same entity. In this context, “author” is a defined term, and includes photographs that are either (1) created by employees in the scope of their employment, or (2) created by independent contractors as works made for hire.
This is a huge *WIN* for photographers and other companies that employ or contract with other photographers. Admittedly, this “win” does not counterbalance the huge loss introduced by the 750 limitation.
#7 by Jeff Sed!Ik on January 27, 2018 - 12:02 pm
2 of 3
You wrote:
“There is an advantage to this in that they are eliminating the distinction between a collection and a compilation, saying that each image is now it’s own “work” and can be litigated separate from the whole. So if two images were infringed from one registration, it would be two separate infringements, not one. It’s a technical issue that reads well and is good, but truthfully, that’s been the practice in infringement litigations. Each image in a collection (not a compilation) has been viewed as separate infringements”
<<< Clarification: The USCO is not eliminating the distinction. The courts have incorrectly interpreted the regulations, and the regulatory revisions by the USCO are an effort to provide plaintiffs with a toehold on which to base their assertion that each photograph on a group registration receives the same protections and remedies as would be received by individually registering the photographs. Past confusion has stemmed from the USCO's unfortunate use of the term "collection" to refer to a group of photographs registered on one application. Savvy infringers' attorneys purposefully conflated the terms "collection" and "collective work" in an attempt to limit their clients' exposure to damages. A "collective work" is a type of "compilation" and the law limits statutory damages to a single award for all works infringed from a compilation. A "collection" is just a group of photographs submitted together to the USCO for the utilitarian purpose of registration. On several occasions when a photographer's attorney has lacked the knowledge/skill necessary to recognize and mitigate this semantic collectioncollective trickery in an opposing motion, the court has incorrectly ruled that a photographer’s statutory damages are limited by the mere fact that multiple photographs were registered together, even when there is no “collective work” involved. Still there is a vast body of decisions recognizing that photographers are entitled to a separate statutory award for each photograph registered on a group registration. Happens every day. While the USCO does not have the authority to revise the statute, they do have the authority to revise the regulations to better adhere to the statute and to reduce misinterpretation of previous regulations. And they have done so, removing the term “collection” from the regulations, and explaining unambiguously that while the statute limits statutory damages on collective works/compilations, the regulations do not, and have never, cause a registration of a group of multiple photographs to become a registration of a collective work. That said, even after these new regulations go into effect Feb 20, a registration of a collective work – such as a database, web site, or book, may limit a photographer to a single statutory award for all photographs infringed from that registration. So register your photographs as a group of published photographs or a group of unpublished photographs, and consult with an attorney before registering your web site, book, etc (I suggest avoiding those terms – and any term referring to a collective work — in your group registrations).
#8 by Jeff Sed!Ik on January 27, 2018 - 12:04 pm
3 of 3
You wrote:
“The process for published work is being streamlined and improved, eliminating their “pilot” program that effectively eliminated the need to have an inspector assigned to you until they felt you understood and knew the registration process. What they’re doing is now lining up the process used for published work with unpublished work. Easier for them, not so great for us.”
<<< The "pilot" was in fact a pilot — a temporary program — for the purpose of initially testing group registration of published photographs using the online form. The need for the pilot arose from the fact that the form was not designed to permit group registration of published photographs, and that workarounds were required. Now there will be a new form, as of Feb 20, designed to permit group registration of published photographs. Hence no need for the workarounds, and no need for the pilot. The USCO will continue to assign a Registration Specialist / Examiner to review each registration, and to communicate with photographers as to any corrections required.
#9 by Jeff Sed!Ik on January 27, 2018 - 12:12 pm
And one last comment.
You wrote:
The Copyright Alliance, the usual collection of alphabet trade organizations representing photographers, did ask for some great improvements during the study put on by the Copyright Office. But they were heard, their objections and ideas were basically ignored. They asked that unpublished work be given the same three month window to register after an infringement happens to be fully covered with the benefits of preregistration, namely statutory damages and lawyer fees. Wow. That would have been huge; a huge help for photographers, but it’s a no go.
<<<< The trade associations were indeed ignored on the 750 photograph limitation, but were not ignored on the point you've mentioned. The associations did mention in their comments to the USCO that a three month window should be permitted for unpublished work. However, in making that suggestion, the trade associations knew that such as change would be a statutory change, and that the USCO has no authority to revise the statute. The trade associations included this suggestion primarily to surface the fact that even photographers who frequently register – such as submitting registrations every 3 months — are entirely vulnerable to the loss of statutory damages and attorneys fees remedies when their unpublished work is infringed prior to registration. The USCO could not possibly have revised the regulations to permit such a change in violation of the statute. The trade associations will pursue legislation that if enacted, would amend the statute and thus permit the USCO to make revisions necessary to simplify registration. Jack and Ed correctly remind that there is no 3 month window for registration of unpublished work. Jack and Ed's recommendation to register your work as unpublished before sharing that work with anyone is great advice.
#10 by John Slemp on January 28, 2018 - 2:00 pm
Hello Jack!
Thanks for getting the word out about this “new and improved” system. This stinks!
I suspect part of it may be a “server space” issue. They have figured out that it costs lots of money to create/maintain a database, especially one like theirs that could be called upon to retrieve data decades later. Just a guess on my part, but I wouldn’t be surprised…
If ASMP knows about this, I haven’t heard. Will follow up with Tom Kennedy to see if anything can be done.
Doesn’t sound like it though…
John
#11 by Jack and Ed on January 28, 2018 - 6:51 pm
Hey John, ASMP was part of the Copyright Coalition so I’m sure they’re very aware. They gave testimony to the Copyright Office. Whatever the reasoning, we have to live with it unless and until Congress itself wants to rewrite it. But complaining to representatives would be better than silence and ignoring what’s happened. But expect changes to this at a glacier pace.
Jack
#12 by Jack and Ed on January 28, 2018 - 7:02 pm
Jeff, I respect and appreciate your comments, and I appreciate knowing you were very involved in testimony to the Copyright Office on this stuff. But (there’s always a but…) I strongly disagree the above was a big *WIN* as you typed it. It creates more problems than it solves for the average photographer. The average photographer really doesn’t benefit, as they can fix the issue of second shooters with simple paperwork. Frankly, a win for big corporations and stock agencies doesn’t help individual photographers, as this is a win for them, not small shooters. I don’t care that this issue really just helps what I see as big business. For my grad students at SVA, when they work together on a project as collaborators, as many students and more pros are doing these days, this single author rule becomes a *HUGE* problem (as I type it). Two friends working together can no longer cleanly register their work. I’m sure you have some very long response, but let’s just spare everyone and just say, we don’t agree on this.
#13 by Jeff Sed!Ik on January 28, 2018 - 7:11 pm
Hi Jack, thanks for the reply.
What did you mean by “The average photographer really doesn’t benefit, as they can fix the issue of second shooters with simple paperwork.”
Jeff
#14 by Jack and Ed on January 28, 2018 - 7:22 pm
Hey Jeff, ) We know there is an issue with second shooters at say a wedding. I know of a case where the second shooter didn’t give the contracted shooter the file the second shooter shot files and then tried to sell them to the bride directly. That’s the “problem” as the second shooter owns what he/she shot, his/her photos, his/her copyright. If the first shooter had paperwork that makes the second shooter a WFH situation or words the paperwork to transfer the copyright, there wouldn’t be the problem or issue. Hence, simple standard paperwork (such as the the one Ed and I provide in our book) solves the issue. But the issue of two photographers who collaborate on a project, is now a problem as there is no co-copyright, no multiple authors under these new rules.
On another note, let’s talk on the phone this coming week if you’re around. Would like to discuss something I woudn’t discuss online.
#15 by Jeff Sed!Ik on January 28, 2018 - 8:13 pm
Sure, I will call this week.
On the “single author issue” — it is not a matter of different opinions, it is a factual issue. So we can’t agree to disagree on this topic. There are two issues: you are not considering the existing regulation, and you are reading the new regulation incorrectly.
Before commenting on the new regulation, you must consider the limitations described in the existing regulation for group registration of published photographs, which is 202.3 (b)(10), which include:
“(ii) The photographer who photographed each of the photographs submitted for registration as part of the group must be THE SAME PERSON.”
It has *never* been possible to register a group of photographs on 1 registration form if the photographs were created by more than one person.
For this reason, it is incorrect to suggest that the paperwork in your book (whether work made-for-hire, or copyright assignment, or any other contracts), could be used to allow a photographer to register photographs captured by different human beings (whether those human beings are employees or contractors) on the same group registration form. That’s right — even when bona fide employees (such as assistants or second shooters) capture photographs for a photographer, it has *never* been possible to use one group registration form to register photographs created by different photographers.
Until now. The copyright office finally agreed to remove the “same person” requirement from 202.3 (b)(10)(ii) and replace it with “same author.” As a result, for the first time, photographers who use employees or wmfh contractors can use a single registration form to register works created by multiple human beings.
I hope that you now understand that the replacement of “same person” with “same author” is an improvement, and that contrary to the opinion expressed in your blog post, there is virtually no downside to this particular revision to the regulations.
Registration of joint works is a separate issue, and I hope that you now understand that given the existing “same person” limitation of 202.3 (b)(10)(ii), the new revision of the regs to permit group registration of works by the “same author” places no new limitations on joint authors.
Your blog post is being quoted on various forums, and I hope that after confirming the above by reviewing the existing regulation in comparison with the new regulation, you will make a correction to your opinion on the single author issue.
Thanks for your consideration.
Jeff
#16 by Derek on January 29, 2018 - 8:27 pm
-Hi Jack and Ed,
Thanks for the heads up on these changes. Something I’ve always wondered about regarding the mass registration of raw unpublished images is: if you tend to do a decent amount of post-processing of those images before you come to the final publishable image (i.e., cropping, color correction, HDR and other filter), are you still covered by the registration of the original raw unaltered image? I.e., Say the final image looks quite a bit different than the original raw one but derivation of final from original is still recognizable. Is the final image still covered? Is there a certain criterion for similarity here btwn the original raw and the final image for registration coverage to still apply to manipulated final image?
Thanks, Derek
#17 by Jack and Ed on January 30, 2018 - 12:12 am
Hi Derek,
The answer is it’s “probably” covered, but without seeing the images in question, no one can say definitively. If changed a lot so you can’t see it quickly, the answer “might” be no.
I regularly register JPEGs of my barely processed RAW files. It’s just the global correction when ingesting the RAW files. I register those images and later I make my final development, adjusting exposure, contrast, color, and maybe even adding a texture over the image, I’m still “usually” covered by the original registration.
The question becomes, can someone holding up the before and after tell that one was derived from the other. You should be able to say, definitely, and you should be OK. But if there is a long hesitation and it’s not very obvious, then I’d re-register the new iteration of the image to be safe. There is a box in the registration to state that a portion was previously registered.
Again, without seeing the two images, you wouldn’t really get a definitive answer. So my final answer is – “Maybe”.
Hope that helps.
Jack
#18 by Derek on January 30, 2018 - 1:22 am
Thanks, Jack. Very much appreciate your feedback.
Derek
#19 by Christine Merchent on January 31, 2018 - 7:41 am
Thank you so much for you thoughtful and well written article. When I heard about these horrendous changes the 1st thing I did was come to your website to see what you two had to say. I have your book in both digital and 3 hard copies so that there is one within reach of each of my computers. It has been a huge help to me facing the daunting task of copyrighting my images. Whenever another artist (including painters, writers…) asks me about copyright I refer them to your book. I will follow your coverage of these new developments closely. Thank you for everything.
#20 by Jack and Ed on January 31, 2018 - 9:27 am
Thanks Christine, appreciate it. Our big question today is why are the trade associations so quiet on this change. They touted their testimonies in Washington to show how active they are in defending our rights (which they did as best as they could, give them props), but why crickets today? Ed and I are also doing a guest blog for Scott Kelby’s blog later in February (his first blog opening that’s available). It’ll be a retread of our blog piece, but Scott sees the importance of getting this out.Where are the alphabet trade associations announcements?
#21 by Alicia Calzada on January 31, 2018 - 11:01 am
The trade associations have not been silent and have worked to try to stop this. Here is a recent article in case you are interested: https://nppa.org/news/copyright-registration-costs-are-about-increase
#22 by Jack and Ed on January 31, 2018 - 11:22 am
Great to hear. I see that ASMP posted their’s yesterday, worded like NAPP’s. Waiting to hear something from PPA. I appreciate all the hard work you all did as the Copyright Alliance in testimony, trying to push improvements for us all. That is usually a lot of prep and work behind the scenes. I just want to know that the word about this change goes out as much and as fast as some of the pr and photo ops that went out previously.
#23 by Edward Greenberg on February 3, 2018 - 4:59 pm
Sorry for coming in late as we have been tied in court.
We will be doing a B&H seminar this Thursday 4-6 PM and will take questions live (as opposed to dead) on any/all issues. We also expect to be doing a live Kelby Grid video this month where once again we will field questions on this topic and any others. We will keep you posted when the date and time of the Kelby Grid Show is finalized.
Regarding the “co-author” issue we always suggest a written collaboration agreement when two or more people/entities are creating a work especially a book, video or film. Such a writing designates who has the right to file for copyright protection and in effect, “who owns what”. Also see our article in the Blog, “In Unity There Better Be Paperwork”.
#24 by Edward Greenberg on February 4, 2018 - 2:23 pm
Responding to Jeff Sedlik’s thoughtful responses, specifically #2.
Jeff correctly states that “There is an advantage to this in that they are eliminating the distinction between a collection and a compilation, saying that each image is now it’s own “work” and can be litigated separate from the whole. So if two images were infringed from one registration, it would be two separate infringements, not one. It’s a technical issue that reads well and is good, but truthfully, that’s been the practice in infringement litigations. Each image in a collection (not a compilation) has been viewed as separate infringements”
Anecdotally as a litigator doing these cases for a very long time with attorney suite mates who do similar work, situations where multiple infringments of more than one work from registered compilations or collections where statutory damages are available thanks to a timely registration are unfortunately few and far between. It happens, we have had those cases but again, infringements of a single image are far, far more common.
Since most photographers don’t register their work in a timely fashion (or at all) the ability to register thousands of images for a single $55 fee was an effective carrot to hold out to photographers to get them to register upon creation. While there are other incentives, the appeal of registering thousands of images for $55 in my experience is the single greatest incentive for photographers to register. More photographers registered more images because of the virtual “all you can register buffet” than any other reason. Take that incentive away and unfortunately, regrettably and foolishly fewer photographers will register fewer images.
That factor in my opinion will outweigh any advantages the new procedures may carry with them. I hope I will be wrong…but I don’t think so.
#25 by Jeff Sed!Ik on February 4, 2018 - 5:55 pm
I agree with your comment Ed. The disadvantages introduced by the new 750 photograph limitation on all group registrations far outweigh all of the improvements. However, we will have an opportunity to convince the Copyright Office to increase those limitations in the future, while maintaining the other improvements. I should say while it is true that litigation over a single photograph is by far more common, many photographers have been devastated by adverse rulings and seen their damages drastically reduced when the Court has misinterpreted group registrations or “collection” registrations as registrations of collective works. The new rules should significantly mitigate that issue. Photographers should note that even with the new rules clarifying that each photograph on a registration is entitled to a separate statutory damages award, the statute continues to limit statutory damages for collective works and other types of compilations.
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#26 by Edward Greenberg on February 5, 2018 - 12:16 pm
I have ALWAYS recommended that all photographers register any/all assignment shoots whether advertising, editorial, wedding etc. regardless of whether there are 5 or 555 images under a single registration. A. it is easy to build in the registration fee into the invoice “somewhere” and B. it saves an attorney (usually the infringer’s attorney) lots of time in “validating” the creator’s claim.
If you are getting paid for the work it is obviously worth registering and one or more images will almost definitely be published.
#27 by Ken Brown on February 9, 2018 - 6:50 pm
Ed & Jack, I have taken your advice and register all of my images without culling anything more than misfires and pictures of the backside of my lens cap. Now, I am going to have to cut down what I register or go back to a college diet of Ramen noodles and Mac ‘n Cheese.
I primarily shoot real estate this days and come back with lots of intermediate images taken while finessing the lighting and also frames that will be composited in Photoshop to build the finished image I will deliver to the customer. I also license variations on that image that are often edited differently (remove wall switches, add fresh grass to a yard, remove power poles, etc) for customers that will use the images in advertising. If I am only registering the delivered images that the real estate agent is getting, will the other exposures and derivatives also be covered? These are the same compositions and the editing isn’t so heavy handed that an average person wouldn’t see that the base and edited images are from the same session.
My RE work is easy to register since I rarely have a composition that I don’t deliver to the client. That keeps it down to between 15 and 30 images per job. Even shooting products isn’t composition heavy. Where the 750 limit becomes a burden is when I photograph an event and return with a couple of thousand images. I could reign that in, but often times I am shooting candid images of famous people (astronauts mostly) at a convention along with trying to capture the ambience of the event and need to have a wide variety of images to be able to license a few to make any money.
Why are humans used at the Copyright office to review registrations? I would think that most registered images aren’t going anywhere and the few that will be part of an infringement case can be dealt with as and when. An image search on Google that covers the internet works fairly well. A search of registered images at the Copyright office with some search terms to narrow down the work should be excellent.
#28 by Bill DiCecca on February 15, 2018 - 11:01 am
I created my account and began my registration process yesterday, only to find that the limit of 750 images appears to already be in place! What happened to it taking effect on 2/20?
#29 by Jack and Ed on February 15, 2018 - 11:50 am
Bill, You’re the second person to tell us the 750 is in place. The Federal Register states the effective date of these new rules go into effect February 20th. You can read it here Looks like they jumped the gun. Try arguing with bureaucrats.
#30 by Jack and Ed on February 15, 2018 - 12:58 pm
Ken, I wish we had some answers for you. Every photographer who shoots professionally is hitting a brick wall with this 750 limit. I think one of the issues the Copyright Office is having that hurts us is that they are lumping the entire photography industry, amateurs, weekend shooters, hobbyists, students, part timers, full time advertising pros, editorial shooters, documentary shooters, etc., etc., etc. For a lot of them, 750 is a lot. The 750 is just not the reality for a majority of commercial photographers. Go into a two day, three day, or more project, not unusual with the clients I had, and 750 is unrealistically low. Even for most one day shoots. And I agree, automation these days would seem to be a no brainier. And while I personally think blockchain technology that is being touted by companies “registering” your images is a waste of your time, blockchain technology, or more likely the next generation of it, makes more sense for the Copyright Office itself rather than outside companies. By next generation, it might mean more to do with a generational change in computers and computing power, along with an easy way to interface with such a register of images. Just my opinion. — Jack
#31 by Vivian on February 15, 2018 - 1:13 pm
It gets better! I found this on the site today – “Copyright Office Electronic Registration System and Programs to Be Offline for Maintenance beginning 5:00 p.m. Eastern time this Thursday, February 15. The system will return to service by 9:00 p.m. Eastern time on Monday, February 19…” So even if the limit had not already been put in place, anyone trying to squeeze in under the wire is effectively shut out by the maintenance. MEH!
#32 by Jack and Ed on February 15, 2018 - 1:18 pm
Vivian, Thanks for the update. We’ll put that in a post so people will be aware anyway. The fun just never stops. Sigh.
#33 by Vivian on February 15, 2018 - 1:33 pm
I don’t see where it says on the registration site that the limit is already in place. For those who tried to register, where during the process did people get a message that it was limited?
#34 by Jack and Ed on February 15, 2018 - 1:35 pm
The people we heard from said they found out when they got to the upload. Give it a try and see what happens, but we heard from multiple people now.
#35 by Vivian on February 15, 2018 - 1:38 pm
That’s what I was afraid of – you can’t upload until after the fee is paid. Sneaky little bastards! Thanks, Jack.
#36 by Jeff Sed!Ik on February 15, 2018 - 3:15 pm
The limit is not in place until 2/20/18. You must not use the “register a group of photographs” option until 2/20/18, even though it is available on the copyright office website. Until 2/20/18, to register a group of photographs, use the “standard application,” there is no limit provided that you satisfy the other requirements. After 2/20/18, if you use the standard application to register a group of photographs, your application will be rejected. At that point, you must use the group registration option for unpublished or published photographs, and if your registration includes more than 750 images, it will be rejected.
#37 by Jeff Sed!Ik on February 15, 2018 - 7:48 pm
Here is the notice broadcast by the copyright office last week instructing that photographers must not use the group registration forms until the 20th. FYI the shutdown affects the Library of Congress too, and is entirely unrelated to the group registration rules, as those forms are already installed, tested and ready for use on the 20th.
https://www.copyright.gov/newsnet/2018/708.html
#38 by Jack and Ed on February 15, 2018 - 7:55 pm
Thanks for the clarification Jeff. But with the shutdown and one day left to register a large number under the old rules, do you want to make a side bet about the site crashing on the 19th when it reopens at 9pm with a 3 hour window before new rules at midnight? Loser buys the first round ;->
#39 by Jeff Sed!Ik on February 15, 2018 - 8:12 pm
Agreed. The final rules https://www.copyright.gov/rulemaking/group-photographs/ were published on January 18, there is a mandatory 30 day period before new rules take effect, and many have taken the opportunity to register quantities of images over the last few weeks. The timing of the planned outage is unfortunate. The Library of Congress is undergoing maintenance by the Architect of the Capitol, which involves a planned power outage and shutdown of systems and portions of the LOC buildings. https://www.loc.gov/item/prn-18-a05/ which affects the Copyright Office in the Madison Building.
#40 by Bill DiCecca on February 15, 2018 - 10:56 pm
Thank you, Jeff Sedlik. I was all set to give it a go overnight tonight until I read the rest of this chain. Un.Freakin’.Believable. I guess I’ll just keep checking over the weekend to see if it miraculously becomes available.
#41 by Bill DiCecca on February 15, 2018 - 11:04 pm
Vivian, in a rare fit of optimism I’ve decided to believe that they meant 9 a.m., not 9 p.m.
#42 by Edward C. Greenberg on February 16, 2018 - 1:11 pm
Anecdotally but on excellent authority, I have been informed that when the new rules where announced many photographers sought to make massive registrations before being subjected to the new and increased fees. Included among these shooters were more than one photographer who sought to register hundreds of thousands of images effectively “crashing” the USCO’s computers. Apparently a decision was made to shut down the existing system before the 2/20 date to avoid dealing with sudden massive registration applications. This is anecdotal but very reliable info and an utterly reasonable explanation for the inability to register pre 2/20.
#43 by Vivian on February 16, 2018 - 5:36 pm
Call me jaded, but the outage coinciding with the last few days to register under the old rules sounds a little too convenient to me… Wouldn’t it be nice if they extended the deadline by the same number of days?
#44 by Jack and Ed on February 16, 2018 - 5:39 pm
OK, instead of “Vivian”, we’ll now call you “Jaded”.
#45 by Vivian on February 16, 2018 - 5:39 pm
LOL! Perfect!
#46 by Jeff Sed!Ik on February 16, 2018 - 6:39 pm
The decision to shut down has nothing to do with the revision to the group regulations, nor is it related to loads created by photographers registering their works. The Library of Congress (parent to the Copyright Office) is conducting a planned shutdown, which has been planned for months. The timing of the effective date of the group registration regulations was determined by the sequence in which regulations are drafted, proposed, made final, and then become effective. All of that is on a separate track than the shutdown, which is related to infrastructure issues at the Library of Congress. The timing is unfortunate.
#47 by Edward Greenberg on February 17, 2018 - 11:59 am
Sorry, Jeff but as a cynic by birth, training and experience I don’t buy it. I rarely believe anything a government bureaucrat says in explaining a problem, delay or screw up. Neither of us will ever know the truth here but I have too many valid reasons to reject the explanation given in PR form by the Copyright Office.
No matter as the issue is now by virtue of the calendar essentially moot anyhow.
#48 by Jeff Sed!Ik on February 17, 2018 - 2:55 pm
I love a good conspiracy theory, but the bland reality is that this shutdown has been planned for months, and occurs every year.
The Library of Congress operates its Primary Computing Facility on Capitol Hill. This system must be shut down once annually in a planned outage for a fire and safety check. The underlying issue is that the building’s generators must be tested anually to ensure that in a real power outage, the generators will be able to handle the full load of the data center without failing.
The Library recently announced that they awarded a contract to Accenture to transition to a new hosting model, with a “shared offsite hosting facility, private cloud, managed colocation services, external managed platform-as-a-service and software-as-a-service, and public cloud infrastructure-as-a-service” This will avoid the necessity of an annual shutdown.
This is a welcome change. You might remember that in 2015, after the annual planned outage, the Library was unable to re-start the copyright registration system, for a week. There have also been unplanned outages, all related to the Library of Congress systems. The new Accenture system should be much better.
As you can see today, the entire Library of Congress system is shut down for the weekend, http://loc.gov. The copyright office is one department among many in the LOC, and photography is just one medium among many handled by the copyright registration system. We in the photo trade tend to have delusions of grandeur, but lets face it — photography, and photography copyright registrations, while very important to us, are a mere pimple on the butt of the Library of Congress, and the loads generated on their systems by the 1% of photographers who have ever registered a copyright, whether in the last week or otherwise, are trivial.
#49 by Jack and Ed on February 19, 2018 - 1:31 pm
LOL, while I know you’re most likely right, because it all sounds good and correct, when you have to explain it so much, it still looks funny. The timing, no matter what, is sort of like the duck tale- talks like a duck, walks like a duck….
Sometimes it’s best to just let sleeping ducks lie. ;->
And at this point, with the change to 750 limit coming tonight, it’s sort of a minor, moot point.