You should check out: the copy right zone.com
(no title) I know these guys, they are awesome. Bottom line, if your work isn't copyrighted (meaning filed with the copyright office not just watermarked or credited) You have no leverage at all.
Wrong!! Oh how many ways is this incorrect.....
First let's start off with this.. the moment you click the shutter (
or shutter button) the work is yours unless you are working for a client to take pictures for them (
say a magazine photographer for instance) or unless you actually SIGN the rights away (
free lancing and you sign that someone has hired you and you give them full rights). This is true in most all parts of the "Civilized" world now.
Also dig into the
BERNE CONVENTION. In the late 1800's it was suggested that when you make art it's yours and can't be copied or used without your expressed permission. This started in BERNE, Switzerland around 1885 or so. It wasn't officialy adopted into the US until 1988 (
approx 102 years later).
If you don't actually register your work with the US Copyright office you don't have the right to Statutory Damages but you do have rights to actual damages
(pursuant to 17 U.S.C. 504 (b)). In addition to standard copyright protection we also have the Digital Millennium Copyright Act (DMCA), enacted in 1998, to help out in this instance. The DMCA states that while an Internet Service Provider (ISP) is not liable for transmitting information that may infringe a copyright, the ISP must remove materials from users’ websites that appear to constitute copyright infringement. Your copyright does not have to be registered with the U.S. Copyright Office for you to take advantage of this provision. If you find a website that is using one of your images without permission, contact the hosting ISP and report the infringement.
Actually in most instances for amateur photographers it's not suggested to actually register your work unless it has been "lifted" and you plan to file a legal suit against the offender. You'll want to contact an experienced Copyright Attorney before you go down that route.
Your work is "Copyright Protected" for many many years. The exact # depends on when the "Art/Work" was created. Work before 1988 is protected for 50years after the owner's death unless transferred in writing. After 1988 the terms goes to 70 years after the owner's death unless transferred in writing.
Regardless what any of us "Internet attorneys" have to say you should always seeks the help of professional legal council in these matters.