The Digital Millennium Copyright Act (DMCA)
Why bother to sign or otherwise mark your work? This is why:
Found in Section 1202 of the U.S. Copyright Act, DMCA makes it illegal for someone to remove your copyright information from your photograph in order to disguise the fact that they are 'stealing' it. Your copyright information is defined as your signature, watermark, website address, or copyright symbol.
(1) The title and other information identifying the work, including the information set forth on a notice of copyright.
(2) The name of, and other identifying information about, the author of a work.
(3) The name of, and other identifying information about, the copyright owner of the work, including the information set forth in a notice of copyright.
(4) With the exception of public performances of works by radio and television broadcast stations, the name of, and other identifying information about, a performer whose performance is fixed in a work other than an audiovisual work.
(5) With the exception of public performances of works by radio and television broadcast stations, in the case of an audiovisual work, the name of, and other identifying information about, a writer, performer, or director who is credited in the audiovisual work.
(6) Terms and conditions for use of the work.
(7) Identifying numbers or symbols referring to such information or links to such information.
(8) Such other information as the Register of Copyrights may prescribe by regulation, except that the Register of Copyrights may not require the provision of any information concerning the user of a copyrighted work.
So, even if you did not register your photograph with the U.S. Copyright office, you can still be protected, and seek damages, if you can prove that someone has removed your mark, or otherwise altered your image to use it illegally.
And the penalty is a stiff one:
(B) At any time before final judgment is entered, a complaining party may elect to recover an award of statutory damages for each violation of section 1202 in the sum of not less than $2,500 or more than $25,000.
Think TWICE! It costs MUCH less to obtain what you want legally!
If you want to know if someone has illegally used one or more of your images on the web, check out:
TinEye Reverse Image Search
Disclaimer - I am NOT an attorney - If you require legal advice, don't ask me - I can't help you!
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