Legal Question in Technology Law in California
Copyright of photographs
Our company produces movies shot on videotape. During production, multiple still photographs are taken, both action shots during videotaping and separately posed publicity shots of the actors just before or after the video recording. We hold U.S. copyrights for each and every video feature but have not filed separately for the photographs.
We have discovered multiple instances of our photographs posted online on paid membership-based websites and wish to pursue legal action. What protection devolves to the photographs from the copyrights granted to the video features? Are any or all of the stills protected? Thank you.
2 Answers from Attorneys
Re: Copyright of photographs
There is a common law copyright which you own even without registration. Therefore, you still have an action for copyright infringement against parties using your still photographs. Additionally, in as much as it is the same work, it is possible that the registration for the video would apply to the stills. Among other things, registration provides you with certain remedies not available without a registration.
If you have any other questions, please let me know. Matt Becker (619) 522-6760 or [email protected]
Re: Copyright of photographs
Copyright protection is automatic even without registration, but registration does have some advantages. You can take action here even if the photos have not been registered.
You should bear in mind that legal action can be costly and that many web sites are not solvent enough to pay damages. If your goal is to obtain compensation you need to keep this in mind. A cease-and-desist letter might be all you need, though there are legitimate reasons to bring suit even where you don't expect to recover any money.
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