Protect Your Photos: Why Registering Images is Essential

As an interior designer, your work is your art, and showcasing that art through photography is essential to building your brand and attracting clients. But there's something equally important that often gets overlooked: protecting the copyright of those photos. 

While you automatically own the copyright to any photo you take, registering that copyright before publishing your images can make all the difference when it comes to protecting your rights.

I have heard so many stories of vendors, manufactures and big box stores using designer’s images without their permission. If you hired a photographer to take those images, then copyright protection is their issue to deal with. 

However...if you take the photos and you take the step of “registering” them, then you can collect damages and reap a BIG payout if someone uses your images without permission. Let me explain why you might want to do this.

Understanding Copyright and Registration

The moment you snap a photo, you own the copyright to that image. This copyright protection lasts for your entire lifetime plus an additional 70 years. But here's the catch: while you automatically own the copyright, registering it with the U.S. Copyright Office is a crucial step if you want to fully protect your rights.

Why is this so important? In order to file a lawsuit in federal court for copyright infringement, your photo must be registered. Moreover, timely registration—meaning registering your photo before any infringement is discovered—is key to being eligible for statutory damages and attorney fees. This can make the difference between simply owning the copyright and actually being able to enforce it.

Besides collecting attorney fees, registered images that have been used in a commercial, unauthorized way, are eligible for up to $150k per image.

The Power of Registration in Negotiations

Think of copyright registration as a tool in your negotiation arsenal. Many copyright claims are settled out of court, but if an infringer knows that your work is not registered, they may have little incentive to settle. They might assume you won’t be able to take legal action, which weakens your position.

On the other hand, if your photos are registered, the game changes entirely. Legal counsel for the infringer is likely to advise their client to settle the case quickly if they see that the claim is valid and the work is registered. This is especially true for commercial users, like companies that might use your photos in advertising without permission. For them, the risk of a costly lawsuit is a significant deterrent.

The Small Claims Exception

There is a relatively new option that provides some flexibility: the small claims process administered by the U.S. Copyright Office. This allows photographers to pursue small claims even if the registration occurs after an infringement is discovered. However, this still requires registration, reinforcing the importance of taking that step as early as possible.

Why This Matters for Interior Designers

As an interior designer, you invest significant time, effort, and creativity into your projects. The photos you take are a reflection of that work, and they are valuable assets in your portfolio. By registering your photos, you not only protect your creative rights but also put yourself in a stronger position to defend those rights if necessary.

In a world where unauthorized use of images is becoming increasingly common—and lucrative for those who enforce their rights—it’s essential to be proactive. Register your photos before they are published, and you’ll be better prepared to protect your work, your brand, and your livelihood.

When I use the term “published” even that is ambiguous as far as the law goes. However, by registering your images before they leave your album, you won't have to worry about whether they're legally considered "published".

How to Register Your Photos

There are several ways to register your photos. The most direct method is through the U.S. Copyright Office's website. This process involves filling out specific paperwork and submitting your work for registration. While straightforward, I personally find the U.S. Copyright Office’s system cumbersome and confusing. The fee is $55 for a group of photos but the process can be very confusing and requires spreadsheets with every image requiring a properly formatted title.

Alternatively, there are online services that can help facilitate the process, offering a more user-friendly experience for a fee.

Recently, I had a conversation with David Newhoff, the co-founder of the online copyright registration company RightsClick. I am NOT an affiliate for them, I just like the service they are offering and want to share it with you. Please do your own due diligence and decide if RightsClick might be a good fit for you.

What is RightsClick?

 RightsClick, is a platform designed specifically for independent creators. RightsClick simplifies the registration process by guiding you through the necessary steps and handling the submission on your behalf. Beyond just registration, RightsClick offers several tools to manage your copyrights, including portfolio management and DIY enforcement options if your work is infringed upon.

What sets RightsClick apart is its affordability and user-friendly interface, making it easier for creators to protect their work without getting bogged down in legal jargon or complicated processes. Plus, once you register your photos through RightsClick, all your registration information is stored within your portfolio, streamlining any future needs for managing your copyrights.

Rightclick’s fees start at $70 to upload a group of up to 100 images ($55 plus $15 processing fee per hundred images). There is also a monthly membership fee of $11.95 but if you consider all the project images shot during the month it is well worth the investment…especially since the US copyright Office makes you jump through so many hoops.

Whether you choose to go directly through the U.S. Copyright Office, or use a service like RightsClick, the most important takeaway is this: register your photos before they go anywhere.

This small step can save you a significant amount of trouble—and potentially money—down the line.