Copyright deadlines for photographers: 3 months, 5 years and 3 years
Copyright in a photo exists as soon as you take it, but the Copyright Act attaches several time limits to registration and to lawsuits. This page lists them with the exact words of the law and the Copyright Office. It is general information, not legal advice.
Not legal advice. How these limits apply depends on facts such as whether and when a photo was published and when an infringement began. For a real dispute, talk to a copyright lawyer.
The deadlines at a glance
| Time limit | What it affects | Where it is in the law |
|---|---|---|
| Within 3 months after first publication | Registering in this window keeps statutory damages and attorney's fees available for an infringement that began after publication | 17 U.S.C. 412 |
| Before or within 5 years after first publication | The certificate is prima facie evidence in court | 17 U.S.C. 410(c) |
| Within 3 years after the claim accrued | The time to bring a civil lawsuit | 17 U.S.C. 507(b) |
| Before you file suit (US works) | Registration must be made or refused first | 17 U.S.C. 411(a) |
| Within 45 days of an examiner's email | The Office asks you to reply in this time while your claim is pending | Registration Processing Times |
3 months after publication: statutory damages and attorney's fees
Section 412 says that "no award of statutory damages or of attorney's fees, as provided by sections 504 and 505, shall be made for" "any infringement of copyright commenced after first publication of the work and before the effective date of its registration, unless such registration is made within three months after the first publication of the work" (17 U.S.C. 412). For unpublished works the rule is simpler: no statutory damages or fees for an infringement "commenced before the effective date of its registration".
Circular 1 sums it up: "When registration is made prior to infringement or within three months after publication of a work, a copyright owner is eligible for statutory damages, attorneys' fees, and costs" (Circular 1). The date that counts is the effective date of registration, the day the Office receives an acceptable application, deposit and fee, not the day it approves the claim (how long registration takes).
The Office gives the same advice for photos published in magazines and newspapers: it "encourages you to submit your claims on a quarterly basis" so that authors "preserve their ability to seek statutory damages and attorneys' fees" (Circular 62C). For other photos, a regular batch soon after each shoot or publication is the practical way to stay inside the window.
5 years after publication: the certificate as evidence
Section 410(c) says: "In any judicial proceedings the certificate of a registration made before or within five years after first publication of the work shall constitute prima facie evidence of the validity of the copyright and of the facts stated in the certificate. The evidentiary weight to be accorded the certificate of a registration made thereafter shall be within the discretion of the court" (17 U.S.C. 410(c)).
3 years: the time to bring a lawsuit
Section 507(b) says: "No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued" (17 U.S.C. 507(b)). When a claim accrues in a particular case is a legal question for your lawyer.
Before you sue: registration first
Section 411(a) says that "no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title", and that an applicant whose registration "has been refused" may still sue after giving notice to the Register of Copyrights (17 U.S.C. 411(a)). Circular 1 puts it plainly: "the Copyright Office must approve or refuse your application before you can file a lawsuit for copyright infringement, except in cases involving a non-U.S. work" (Circular 1).
Recent online claims with no questions from an examiner took an average of 3.4 months, and special handling for pending or prospective litigation costs $800 on top of the filing fee (how long registration takes, Fees, checked 25 October 2026). See also registering after infringement.
45 days: replying to the examiner
While a claim is pending, the Office may email you with questions. It says "you should respond within 45 days after the message was sent, and you should provide a full and complete response" (Registration Processing Times, checked 25 October 2026).
Keeping up with the 3 month window
A group claim covers up to 750 photos by the same author for one fee, $55 when we checked the fees page on 25 October 2026. Published photos in one claim must all be from the same calendar year (GRPPH help). Register My Photos fills in the Office's titles list, matches file names and checks each batch before you upload it, so registering every few weeks takes minutes rather than an afternoon. Start a batch.
Last checked 25 October 2026. Whether and when to register is your decision.
Questions
How long do I have to register a photo after publishing it?
You can register at any time during the copyright (Circular 1). Section 412 says that, for an infringement that began after publication and before registration, statutory damages and attorney's fees are only available if the registration was made within three months after first publication.
Is there a deadline to sue for copyright infringement?
Section 507(b) says a civil action must be "commenced within three years after the claim accrued". When a claim accrues is a question for a copyright lawyer.
Do I have to register before I sue?
For US works, yes: section 411(a) requires registration to be made, or refused, before a civil infringement action is filed. The Copyright Claims Board accepts a pending application.
Why does registering within five years matter?
Section 410(c) makes a certificate of a registration made before or within five years after first publication prima facie evidence of the validity of the copyright. After that, the weight is up to the court.
Sources
- Title 17, chapter 4, sections 410 to 412 (checked 25 October 2026)
- Title 17, chapter 5, section 507 (checked 25 October 2026)
- Circular 1: Copyright Basics (checked 25 October 2026)
- Circular 62C: Contributions to Periodicals (checked 25 October 2026)
- Registration Processing Times (checked 25 October 2026)
- Fees, copyright.gov (checked 25 October 2026)
- GRPPH help (checked 25 October 2026)
Skip the spreadsheet
Register My Photos fills in the Office's own titles list, names it with your group title and case number, checks file types and dates, splits claims at 750 photos and makes zips under 500 MB. It runs in your browser and your photos never leave your device.