Copyright Office Adopts Pilot Program Regarding Registration of Photographs

[SoylentGreen]

Works are actually collected and deposited into the library of congress.
But, yes... we cannot simply call up and view the bulk of them online.

I think that the real stumbling block will be that users might make assumptions that image recognition results are 100 percent guaranteed.
Some people will assume that anything that they cannot find in the database is "public domain", "not copyrighted" or "orphaned".
The Copyright Office will surely want to avoid any liability in this regard.

Perhaps, by the time the Copyright Office evolves greatly, stock imagery will be mainly royalty-free anyway...

S.G.

[Oscar Michelen]

The comment from the Copyright Office posted by Moe was very helpful. And they are to be commended for their eCO process which has helped many folks simply register their copyright online. While it would be overly expensive to construct a searchable image recognition database, at the very least they should require that each photograph be individually named, titled or otherwise identified at the time of filing along with the name of the author of the image. Also, they should recognize that if folks cannot search their registration base for the exact image through recognition software, then they should be held to lower standard if they are found to be using a registered image without authority. The street is two-way: if the US Copyright Office cannot make registered digital images searchable, then alleged infringers should not be treated like someone who infringed on a findable registered work. Setting a different damages schedule -including a one-time free pass upon notice (like the DMCA) - for any infringed work that is not searchable would put an end to registration issues and this whole extortion scheme.

[SoylentGreen]

Good on Moe!! 

If folks think that the United States Copyright Office needs improvements, consider the Canadian equivalent.
They do not accept, nor do they collect any visual media with submissions.

This could give a savvy person accused of infringement a defense, in my opinion.
For example, how could a plaintiff prove that "picture of a beach" is their actual actual "beach" photo that was infringed upon?
By extension, one might ask, "does the copyright office in Canada really offer owners of visual works any real protection?

S.G.

[stinger]

Kudos, Oscar!  What you suggest is not only reasonable, but fair to all parties.

The question is, "In this crazy world in which we live, how to make this happen?"  What motivates those folks at the copyright office?

[Oscar Michelen]

The Copyright Office is being lobbied by PACA and others but still did not do all they wanted with these new trial programs. The CO would not want to get repeatedly slammed by federal judges or someone there will lose their high ranking well paying low stress government appointment. So they have to balance doing what the folks that are buying them lunches, dinners and trips to speak to interest groups want against covering their butts and remaining employed.

[Jerry Witt (mcfilms)]

Haha. This is funny and painfully all too true.