Published or unpublished photos? What the Copyright Office says
You have to choose published (GRPPH) or unpublished (GRUPH) for each group. That choice is yours. This page quotes what the Office says, so you can read it at the source.
We do not decide whether your photos are published. Nothing on this page is legal advice. If you are unsure, read the Office's guidance in full, contact the Office, or speak to a lawyer.
The Office's words
"The person who owns the copyright in a photograph determines whether that work should be published. If the copyright owner decides to publish a particular photograph, the owner determines when, where, and how that work should be published. For copyright purposes, a photograph is published on the specific month, day, and year that a copy or multiple copies of that work are distributed to the public for the first time. A photograph is also published when copies of that work are offered to a group of persons for the first time for purposes of further distribution or public display. The public display of a photograph, in and of itself, does not constitute publication."
"For copyright purposes, a photograph is published when copies of that photograph are distributed to the public by selling, renting, leasing, lending or otherwise transferring ownership of the copies."
The Office explains publication in more depth, including online publication, in Compendium chapter 1900.
Why the choice matters for group registration
- It decides the application: "Published Photographs" (GRPPH) or "Unpublished Photographs" (GRUPH). Circular 42 says: "If you select the wrong option, you will need to start over."
- A group cannot contain both. The GRPPH help says the option "cannot be used to register a group that includes both published" and unpublished photographs.
- Published groups need a month and year of publication for every photo, earliest and latest publication dates, and all photos from one calendar year (GRPPH help).
- Circular 42 also says publication "affects both the legal relief available for copyright infringement and which registration option you may choose", and that "The Copyright Office strongly encourages you to register your photographs before they are published."
Where to get help
- The Office's Public Information Office: (202) 707-3000 or 1-877-476-0778.
- The Office's guidance: Circular 42, Compendium chapter 1900, copyright.gov/engage/photographers.
In Register My Photos you pick published or unpublished for each batch. The tool never picks for you, and if you choose published, the publication dates start blank until you set them.
Questions
Who decides whether a photo is published?
Circular 42 says the person who owns the copyright in a photograph determines whether that work should be published, and when, where and how.
Is displaying a photo the same as publishing it?
Circular 42 says: "The public display of a photograph, in and of itself, does not constitute publication." For online use, read Compendium chapter 1900 or ask the Office.
Can one claim include published and unpublished photos?
No. The Office's help pages say a group cannot include both. Each needs its own application.
Sources
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.