Articles
Published vs. Unpublished: What It Means for Your Photos
One of the biggest questions photographers face when registering their copyright is this: Is my work published or unpublished? It seems like a simple question—but the definition of "published" hasn’t changed since 1976, long before the internet or social media existed. That makes things a bit tricky today.
So, what does “published” mean under the law?
According to U.S. copyright law, a work is considered published when it’s distributed to the public—either by sale, licensing, or offering it to people for further sharing or public display. Just showing your work, like posting it online or displaying it in a gallery, doesn’t automatically make it published.
For example:
- Posting a photo online is not necessarily publishing it—unless you allow people to download, buy, or share it.
- If you deliver final images to a client via a download link, that could be considered publishing.
- Simply showing your work in a livestream or gallery? Still unpublished.
- But offering prints for sale, or licensing the image for a billboard? That’s published.
This may sound confusing—and you’re not alone if it does! Even the Copyright Office admits it can be hard to tell if an image is published, especially in today’s digital world. That’s why PPA is pushing for clearer guidance and modern updates to the law.
Why Does It Matter?
When it comes to protecting your work, publication status plays a big role. Here’s why:
- You must label your work as published or unpublished when registering for copyright.
- If your work is published, you have a three-month grace period to register it and still qualify for statutory damages and attorneys’ fees if it’s infringed.
- If your work is unpublished, you must register before the infringement happens to be eligible for those same protections.
- Published works registered in the U.S. also require a copy to be sent to the Library of Congress.
In short: how and when your work is published can impact your legal rights.
What Can You Do?
The best way to protect your work is to be clear about your intentions. Add a copyright notice or "All Rights Reserved" to your images. Make it clear that people can look—but not copy, repost, or use your work without permission.
Want to understand this even better? Watch our short video featuring PPA’s Government Affairs Manager, Luc Boulet. He explains what “published” really means, walks through examples, and breaks it all down in a way that makes sense—so you can feel confident when registering your work.
Watch the Video: Published vs. Unpublished Works – What Photographers Need to Know
For more help with copyright, check out all our copyright resources available through PPA. We're here to help you protect your creativity—and your business.