How Do You Insert Digital Copyright Notice in Photo?

A digital copyright notice that may make it easier to track infringers and to recover damages if a lawsuit is filed.

Related Ads

Need Professional Help? Talk to a Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

If, like most bloggers or website owners, you can include original photos at your site, you may wish to maximize protection. One fairly easy way to do that is to include a digital copyright notice that may make it easier to track infringers and to recover damages if a lawsuit is filed.

A valid copyright notice is one that should be applied on all visually perceptible copies in a manner that, according to the Copyright Office, "gives reasonable notice of copyright." The notice should be permanently legible to an ordinary user of the work under normal conditions of use and should not be concealed from view upon reasonable examination. (Also, keep in mind that since March 1, 1989, copyright notice is not required on published photographs. Before that date, you could lose copyright if it was left off published copies.)

If it's not required, what good is notice? Notice serves several purposes: it alerts everyone as to your copyright, and it prevents someone from ripping off your photo and later claiming they didn't know it was protected (an "innocent infringement"). This makes it much easier to win a copyright infringement case and perhaps collect enough damages to make the cost of the case worthwhile. And the very existence of a notice might discourage infringement. Finally, including a copyright notice may make it easier for a potential infringer to track down a copyright owner and legitimately obtain permission to use the work.

So what works? If you're posting photos on a website, you can include notice on each photo -- usually accomplished by creating a "copyright notice layer" in Photoshop (and flattening a version of the image) before posting. That pre-flattened layer can be easily removed from the photo in the event you license it. Alternatively, you can include a notice near the photo or on a separate page like this.

What about metadata? A copyright notice that is included in a photo's metadata -- information that travels with the photo file but is not visible when looking at the photo -- probably does not provide valid notice since it's not visually perceptible when looking at the photo. However, we recommend that you include that information in your photo file (or using an invisible digital watermark) as that can sometimes be the key to proving infringement. (We explain how to do it below.) To include it in your metadata, you need to save copyright notice with your photo file. If you're using Photoshop (or probably any other photo editing program), you can enter metadata by going to File Info, or File Properties, (depending on your version) and entering the information as shown below. Photoshop even allows you to link to a web page where you can provide more information about copyright ownership.

Get Informed

Empower yourself with our plain-English information

Do It Yourself

Handle routine tasks with our products

Find a Lawyer

Connect with a local lawyer who meets your needs

The fastest, easiest way to find, choose, and connect to business lawyers

LA-NOLO1:DRU.1.6.3.6.20141124.29342