Can you register photos after infringement? What the law says about timing

Not legal advice. If someone is using your photos, talk to a copyright lawyer about your situation before you act. Deadlines and remedies depend on facts we cannot assess, including whether and when a photo was published.

Can you register after the photo was copied?

Yes. The Office says: "Registration can be made at any time within the life of the copyright" (Circular 1). The application, fee and file rules are the same as for any other claim.

Registration and going to court

For US works, the Office says "registration (or refusal) is necessary to enforce the exclusive rights of copyright through litigation", and "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). The rule is in 17 U.S.C. 411(a). In other words, a pending application is generally not enough to file in federal court; you wait for a decision, which took an average of 3.4 months for clean online claims recently (see how long registration takes).

What timing changes: statutory damages and attorney's fees

Section 412 of the Copyright Act says that, with some exceptions, "no award of statutory damages or of attorney's fees, as provided by sections 504 and 505, shall be made for":

• "(1) any infringement of copyright in an unpublished work commenced before the effective date of its registration; or"
• "(2) 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.) Circular 1 puts it this way: "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 effective date is the day the Office receives an acceptable application, deposit and fee, not the day it approves the claim.

Which rule applies depends on whether the photo is published, and that is your call, not ours. The Office explains publication in Circular 42 and Compendium chapter 1900; see also published vs unpublished photos.

What the damages sections say

• Actual damages and profits. Section 504(b): "The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement." Section 412 does not mention these.
• Statutory damages. Section 504(c) sets "not less than $750 or more than $30,000" per work "as the court considers just", up to "$150,000" if the court finds the infringement was willful, and as low as "$200" for an infringer who "was not aware and had no reason to believe" it was infringing.

(17 U.S.C. 504.) What a court would award in a real case is for a lawyer to discuss with you.

Special handling when litigation is planned

The Office can expedite a claim "in relation to pending or prospective litigation", among other reasons, for a special handling fee of $800 on top of the filing fee. It "will make every effort to complete its examination of the claim or document within five working days", without a guarantee (Circular 10, Fees, checked 24 October 2026).

The Copyright Claims Board

The Copyright Claims Board (CCB) is the Office's voluntary small claims forum, for disputes "up to $30,000 total". You do not need a registration certificate to file there: you need a registration or an application "submitted ... either before or simultaneously with filing the claim" (CCB FAQ). Its handbook says statutory damages are capped at "$15,000 per infringed work" if the work was registered before the infringement started or within three months of first publication, and "$7,500 per infringed work" if not (CCB Handbook: Damages). The other side can opt out of a CCB proceeding.

Registering new work as you go

Because of section 412, many photographers register new work in batches soon after a shoot rather than waiting. A group claim covers up to 750 photos by the same author for one fee, $55 when we checked the fees page on 24 October 2026 (the Office has proposed $85). Published photos must be from the same calendar year, so a regular batch is easier to prepare than a backlog. Register My Photos fills in the Office's titles list and checks each batch before you upload it: start a batch, or see how to register a group of photos.

Questions

Sources

• Circular 1: Copyright Basics (checked 24 October 2026)
• Title 17, chapter 4, sections 410 to 412 (checked 24 October 2026)
• Title 17, chapter 5, section 504 (checked 24 October 2026)
• Circular 10: Special Handling (checked 24 October 2026)
• Copyright Claims Board FAQ (checked 24 October 2026)
• CCB Handbook: Damages (checked 24 October 2026)
• Fees, copyright.gov (checked 24 October 2026)
• Circular 42: Copyright Registration of Photographs (checked 24 October 2026)