One of the biggest questions photographers face when registering their copyright is this: Is my work published or unpublished?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:
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.
When it comes to protecting your work, publication status plays a big role. Here’s why:
In short: how and when your work is published can impact your legal rights.
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Watch the Video: Published vs. Unpublished Works – What Photographers Need to Know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.