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Copyrights are created at the click of the shutter. But to enforce your rights in court for infringement claims, you must first register your copyright before you bring suit in federal court. Period. It doesn't matter when the infringement is committed or the registration is completed, you still must register before filing suit.

It's too bad that a freelance writer, Glynn Wilson, in Alabama didn't learn this lesson earlier. He recently sued Kitty Kelley alleging that she used without permission some of his material for her best-selling book about the Bush family, "The Family: The Real Story of the Bush Dynasty." The validity of his claim will never be decided in court. He had to withdraw his copyright infringement suit after realizing that he was likely to lose because he had failed to register his copyright with the United States Copyright Office. http://www.nytimes.com/2005/03/19/arts/19kell.html

Stephen D. Henninger, Mr. Wilson's lawyer, said Mr. Wilson mistakenly believed that his copyright was protected because he had secured an International Standard Serial Number from the Library of Congress and had displayed the copyright symbol on his Internet site.

The misunderstanding of copyright law continues. Lawyers for Ms. Kelley said that the material had not been "copyrighted." That is wrong. The copyright for authors is created when pen is put to paper or the words are typed on a computer. If Mr. Wilson wrote those words, he owned the copyright to them. However, since he apparently did not REGISTER the copyright to those words, he couldn't sue for the alleged infringement.

Lessons to be learned here:

1. While you own a copyright at the moment the work is created, you MUST register that copyright with the US Copyright Office before you can file suit.

2. Register your copyrights preferably before the work is published, but always before you file suit for infringement.

3. Hire an attorney who knows copyright law and can counsel you correctly on the requirements to prosecute or defend an infringement suit.

Carolyn Wright

Carolyn Wright is a professional photographer with an active wildlife photography business. Shooting for 25 years, her award-winning images have been used in books and corporate marketing materials. Her wildlife photos will be included in the upcoming book, "Captivating Wildlife - Images from the Top Ten Emerging Wildlife Photographers" by Scott Bourne and David Middleton. She also is working with Scott Bourne on "Wolfscapes," a photo book documenting the beauty and strength of wolves. Carolyn shares her love for photography with her enthusiasm for the law. Trained as a top-flight attorney, Carolyn's legal practice is aimed squarely at the needs for photographers. She understands the special issues that confront both professional and amateur photographers, and she regularly speaks and writes on the subject. Her book, "88 Secrets to the Law for Photographers," also co-written with Scott Bourne, is scheduled for release in fall 2005. On the faculty of Olympic Mountain School of Photography, Carolyn?s passion is enhanced when teaching photography. She enjoys writing and speaking on the subject, as well, and is a regular columnist for PhotoFocus, an online magazine for serious photographers. Carolyn is particularly tuned to the special interests of women in photography. She appreciates women's unique approach to the subject, and adapts her instruction accordingly. Armed with more than 20 years of general business experience and a Masters of Business Administration degree, she understands what is needed to succeed in male-dominated fields. This knowledge, combined with her training and experience as a teacher at all levels from grade school to graduate school, provides the strong foundation she uses to help others with their photography. Carolyn can be contacted at 2107 N. Decatur Rd. #117, Decatur, GA 30033 or by phone at 678.592.8025.