Re-register manipulated photos

[civilwar1863]

What is the name of your state (only U.S. law)? PA

Been wondering about this for awhile- hopefully someone can help offer some insight.

I am a photographer.
I have registered the copyrights on a majority of my photographs with the U.S. Copyright Office.
Recently I have edited a number of my photographs with Photoshop- ie: changed from color to black/white,
post-processed them with a HDR look, adjusted the constrast & tonal range.
These particular images were originally registered as "unpublished" with the U.S. Copyright Office.

Question is- Before I post them to the internet, do I have to re-register these same images now they have been manipulated by me?

Thanks in advance!

 

[FlyingRon]

Unless you want to claim additional protection on the derivation (the post processing you've done), you don't need a second registration of the derivative work.

 

[civilwar1863]

Thanks so much!

So just a quick question...if the photo was infringed upon, and I didn't re-register, I would still be fully protected under the first registration?

 

[FlyingRon]

Thanks so much!

So just a quick question...if the photo was infringed upon, and I didn't re-register, I would still be fully protected under the first registration?

For all practical purposes yes.

 

[HawaiiSteve]

Why register a Copyright?

Every type of creative art is automatically Copyright protected, however, for you to be able to seek damages by someone who has infringed on your copyright, you need to file. You can then only try to get damages from the date of filing forward.

Thanks so much!

So just a quick question...if the photo was infringed upon, and I didn't re-register, I would still be fully protected under the first registration?

 

[quincy]

Every type of creative art is automatically Copyright protected, however, for you to be able to seek damages by someone who has infringed on your copyright, you need to file. You can then only try to get damages from the date of filing forward.

This is not correct, HawaiiSteve.

It is true that you need to register your copyright prior to filing for copyright infringement, but you can collect actual damages (your losses, your infringers profits) for infringement from the time of infringement. The only damages you might not be able to collect would be statutory damages ($750 up to $30,000 per infringed work).

For statutory damages, you will have either needed to register your copyright prior to the infringement or within 3 months of first publication. If your work is infringed within this 3 month period after first publication, you can still be eligible for statutory damages.

As to registering a derivative work: The copyright in the original work includes as a right for the copyright holder the exclusive right to create derivatives and the registration of the original covers the derivatives made of this original. The Copyright Office allows for one registration per copyrighted work, but if a derivative has a substantial amount of new and original material added to the preexisting work, you might want to consider protecting this new and original material by filing a supplemental registration. Any new registration will only apply to the new material added to the original.