Luminous Landscape Forum

Equipment & Techniques => Pro Business Discussion => Topic started by: MichaelEzra on September 19, 2019, 10:04:30 pm

Title: Copyright to Legal name, Pen name or LLC
Post by: MichaelEzra on September 19, 2019, 10:04:30 pm
When registering copyright, what is a best way to do it - copyright to the Legal name, the Pen name or the LLC owned by the same person?
Title: Re: Copyright to Legal name, Pen name or LLC
Post by: David Eichler on September 20, 2019, 10:38:27 pm
When registering copyright, what is a best way to do it - copyright to the Legal name, the Pen name or the LLC owned by the same person?

Seems to me it is impossible to answer without knowing what your business model is. If you are a one-person operation as far as the creation of the photos goes, I would assume that it is usually (if not always) best to register under your own name, rather than that of some separate business entity that you own.
Title: Re: Copyright to Legal name, Pen name or LLC
Post by: Bart_van_der_Wolf on September 21, 2019, 03:56:27 am
Seems to me it is impossible to answer without knowing what your business model is. If you are a one-person operation as far as the creation of the photos goes, I would assume that it is usually (if not always) best to register under your own name, rather than that of some separate business entity that you own.

I agree and, in addition, a business can cease to exist (which might require a lot of paperwork to secure or transfer the Copyright), but Copyright law for a person is a given in many (Bern signatories) jurisdictions, or well documented in others, and those rights can be enforced a number of decades after a person dies. I'm not saying one approach is always better than another, but a lot depends on the specific situation and local/national jurisdiction.

Cheers,
Bart
Title: Re: Copyright to Legal name, Pen name or LLC
Post by: David Eichler on September 22, 2019, 06:31:12 pm
I agree and, in addition, a business can cease to exist (which might require a lot of paperwork to secure or transfer the Copyright), but Copyright law for a person is a given in many (Bern signatories) jurisdictions, or well documented in others, and those rights can be enforced a number of decades after a person dies. I'm not saying one approach is always better than another, but a lot depends on the specific situation and local/national jurisdiction.

Cheers,
Bart

I believe this is really only a US question, vis a vis registration. As far as I am aware, the US is the only country that is a signatory to the Berne Convention that requires registration of the photos in order to sue for copyright infringement.
Title: Re: Copyright to Legal name, Pen name or LLC
Post by: MichaelEzra on September 24, 2019, 07:40:09 pm
Thank you all. LLC is potentially volatile, although some might last longer than founders:)
I found this from the US copyright office (https://www.copyright.gov/fls/fl101.pdf):

"Works distributed under a pseudonym enjoy a term of copyright protection that is the earlier of 95 years from publication of the work or 120 years from its creation. However, if the authorís identity is revealed in the registration records of the Copyright Office, including in any other registrations made before that term has expired, the term then becomes the authorís life plus 70 years."
Title: Re: Copyright to Legal name, Pen name or LLC
Post by: MichaelEzra on September 30, 2019, 10:33:04 am
Does anyone know whether it is acceptable to publish photo images on the day when the copyright registration form for the same unpublished photos is submitted?
Title: Re: Copyright to Legal name, Pen name or LLC
Post by: JoeKitchen on October 01, 2019, 09:39:03 am
Your own name is best; it cant be sued for.  If a business owns a copyright, it is considered an asset and can be sued for. 

As soon as the image is submitted, it is considered registered.  I would guess publishing it the same day would make no difference.  Plus, I do think there is a 30 day grace period between it being published and being able to submit it as unpublished, but I am not 100% on this. 
Title: Re: Copyright to Legal name, Pen name or LLC
Post by: MichaelEzra on October 01, 2019, 08:17:14 pm
Thanks Joe!