In response to the Muench case, the Copyright Office (by way of Marybeth Peters) has put forth an official regulation regarding group registration of photographs. Part of the reason why courts did not give great deference to Marybeth's letters to Nancy Wolff was that they were not official regulations promulgated by the Copyright Office. To correct that, the Office issued 76 CFR 4072 an interim rule establishing a pilot program regarding the registration of copyrights for photo collections. Here the link to view the reg.: http://www.copyright.gov/fedreg/2011/76fr4072.pdf
The copyright office will allow registration of photo compilations to provide individual protection to the images contained in the compilation but only if each photograph is identified separately and have a common author. For automated databases, the regulation requires that the entire image be uploaded and not just a description of the image. The reg is silent as to whether the author's name must be listed as well. While this type of regulation is entitled to more deference than the informal letter PACA previously acquired from their wholly owned subsidiary, the Copyright Office, to the extent it allows for something other than what is required by the Copyright Act, I still think it is not enough to give individual protection to the works included in a compilation registration.
Although Oscar may not think that it is enough to give individual protection to the works included in a compilation registration, at least us "pirates" may now SEE EACH INDIVIDUAL PHOTOGRAPH of the compilations!
of coarse this observation is going on the idea that Getty starts registering their images, they haven't thus far, and nothing makes me think they will in the future. The company may have sold for a shitload of money, but in realty getty Images is not worth nearly that amount, so I doubt they will register anything, as SG state time is money, and the only money they are making is coming from big media and extortion letters....
and while were talking about Getty Images, I think it only right to give Timothy McCormack little plug as well..
Hey copyright cow, I have a question!! Why is it if you are getty's "outside counsel", that in the very few lawsuits they filed, your name is never mentioned??...Could it possibly be that your not a "courtroom lawyer" but actully just a collections clerk??..
Show Posts
