QUESTION

If I copyright a photograph I put on the internet, does that mean other websites can't use it legally?

Asked on May 30th, 2013 on Intellectual Property - Colorado
More details to this question:
My girlfriend and I have posted pictures on the internet that we don't want used on any other website, but we've found our pictures posted on a couple of different galleries. The pictures were taken and posted around May 2012, my question is: if we copyright the pictures, would that make it illegal for other websites to host the pictures? Also, would that make it illegal for people to produce physical copies of the pictures such as a calander?
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1 ANSWER

Patents Attorney serving McLean, VA at George H. Spencer
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First, it is noted that copyright attaches to a work upon creation of the work, and registration is only necessary to enforce your rights in court.  Had you registered your copyright within 90 of the May 2012 publication of the photos on the website, you could have been entitled to attorneys fees and statutory damages. However, since you evidently did not, you would have to prove actual damage to collect money, but could obtain an injunction against use of the photographs. The copyright would cover not only use on another website, but also printing out of copies of the pictures. You could send notices to the various website owners advising them that they are violating your copyright in the photographs and demanding that they be removed, but if they do not do it voluntarilly, you could contact whatever service is hosting the website if it is not hosted by the website owner advising them of the violations and asking them to shut down the website untill the pictures are removed and your last option would be to institutle litiagtion, which could be costly.
Answered on May 31st, 2013 at 3:11 PM

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