Keith Mack
Understanding copyright law is essential for photographers to ensure they receive recognition for their work and are not taken advantage of. Copyright law grants photographers the exclusive right to reproduce, distribute, publicly display, and prepare derivative works from their photographs. This means that photographers can control how their work is used and distributed, and can take legal action if their work is used without their permission.
In the context of your brand, it is important to understand that simply because you have purchased or commissioned photographs, it does not mean you have the right to do whatever you want with them. The photographer retains the copyright unless there is a specific agreement in place that transfers those rights to you. Therefore, if you intend to use photographs for your brand, it is crucial to obtain the necessary permissions and licenses from the photographer to avoid any legal issues.
| Characteristics | Values |
|---|---|
| Who owns the copyright? | The photographer who took the picture owns the copyright |
| When does copyright begin? | Copyright begins when the photograph is taken and fixed in a tangible medium |
| What does copyright law protect? | Original works of authorship, including photographs |
| What rights does copyright grant? | The right to reproduce, display, distribute, and create derivatives of the image |
| What is a "derivative work"? | A new version of a copyrighted piece, e.g. re-edits of movies, art reproductions, literary translations |
| Do I need to include a copyright symbol? | Not required, but it serves as a reminder that the image is copyrighted |
| How do I obtain copyright protection? | Register with a copyright office |
| Can I take legal action without registering my work? | Yes, but registering provides additional legal benefits, such as the ability to bring an infringement claim and seek monetary remedies |
| What is the difference between licensing and copyright? | The photographer owns the copyright, but can license out their photos for specific uses |
| How long does copyright protection last? | For the photographer's lifetime plus 70 years |
What You'll Learn
What constitutes copyright infringement?
Copyright infringement occurs when someone uses a copyrighted photograph without the photographer's permission. This includes printing, copying, displaying, or altering the photograph.
In the US, photographers automatically own the copyright to their photographs as soon as the shutter is released. This copyright protection lasts for the photographer's lifetime, plus 70 years. Photographers have the exclusive right to reproduce, publicly display, distribute, and create derivatives of their photographs.
A "derivative work" refers to a new version of an already copyrighted piece. In photography, a derivative work would be a photograph that closely resembles or is "substantially similar" to the original copyrighted work. To determine if copyright infringement has occurred, a court of law will compare and evaluate the derivative work against the original.
It is important to note that displaying a photograph in an art gallery or publishing a photograph of artworks falls under the "fair use" exception within copyright law. This allows for the reproduction of copyrighted works for critique, research, and educational purposes without requiring the author's permission. However, social media marketing rarely qualifies as "fair use".
To avoid copyright infringement, always ask for permission and create a formal written agreement specifying the usage rights granted. Additionally, registering your photographs with the US Copyright Office provides extra protection and is required if you wish to take legal action for copyright infringement.
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How can I protect my photographs?
Copyright laws do apply to photography, and photographers automatically own the copyright to their images as soon as the shutter is released. This ownership includes the exclusive right to reproduce, publicly display, distribute, and create derivatives of the image.
Watermarks
Adding a small logo or signature to your photographs is a great way to deter image theft. While watermarks can be removed, they make it obvious that the photo has been stolen and discourage opportunistic theft.
Advanced Barcoding
Services like Digimarc offer "invisible barcoding," creating a unique digital fingerprint for your image. This allows you to track where your photo appears online and can be useful in a legal battle.
Low-Resolution Files
Avoid uploading high-resolution files online. Instead, compress your photos and reduce their quality before uploading. This makes it harder for others to use your images for other purposes and helps protect your work.
Copyright Notice
While not required, including a copyright notice (©, the word "copyright," or "Copr.") with your name and the year of creation can serve as a reminder that your work is protected. It also clearly identifies you as the copyright holder and reduces the likelihood of unauthorized use.
Digital Signature
A digital signature is a deterrent that doesn't affect the visual impact of the image. It's an attribute that's not visible until the file is downloaded, so anyone using the image would have to consciously ignore or crop it out.
Hidden Foreground Layers
Adding a transparent foreground layer to your image means that when someone downloads it, they only see the blank layer and not the actual photograph.
Disable Right-Click and Screenshots
You can disable the right-click option on your website, making it harder for users to download your images. Additionally, consider using plugins to prevent screenshots, another common method of image theft.
Image Monitoring and Protection Services
Services like Pixsy actively monitor your images for duplicate uses and can help you send takedown requests and resolve cases of infringement.
Register Your Copyright
Registering your copyright with an official body, such as the US Copyright Office, brings additional protections. It can help you claim damages for unauthorized use, boost your chances of legal expense coverage, and provides an independent database to verify your ownership.
Remember, while these methods can help deter and prevent image theft, there are always ways around them. The best approach is to make it as difficult as possible for potential thieves and be vigilant about monitoring and enforcing your rights.
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What are the legal repercussions of using images without permission?
Copyright laws apply to photography, and using images without permission can result in several legal repercussions. Firstly, it's important to understand that copyright protection is automatic and applies to both the physical photograph and its digital files. Photographers own the copyright to their images as soon as the shutter is released, and this ownership includes exclusive rights to reproduce, display, distribute, and create derivatives of their work.
Using images without permission constitutes copyright infringement, and there are several options for recourse available to the copyright owner. They can:
- Request a photo credit and set parameters for the right to use the image, including a copyright notice and a link to their portfolio or website.
- Prepare a Digital Millennium Copyright Act (DMCA) take-down notice, which must be in writing and signed by the copyright owner, identifying the infringed image.
- Prepare a cease and desist letter, requesting that the infringer stop using the image or pay an appropriate license fee.
- Hire a lawyer to send a demand letter, which can increase the weight and seriousness of the request.
- File a copyright infringement lawsuit, the most aggressive option, with the help of an attorney.
In addition to these options, it's worth noting that registering a copyright with the US Copyright Office or the relevant office in one's country provides additional legal protection and can make it easier to take legal action. While it is not a requirement, it is generally recommended for photographers to register their work.
The repercussions for using images without permission can vary depending on the specifics of each case, but it is important to respect the copyright ownership of photographers and obtain the necessary permissions to avoid legal issues.
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What are the legal considerations for using images of people, property, and brands?
Copyright laws apply to photography for your brand, and there are several legal considerations to keep in mind when using images of people, property, and brands.
People
When using images of people, it is essential to obtain proper releases, especially when using images for commercial or marketing purposes. This includes images with identifiable people or other private entities. It is also crucial to respect the terms of use associated with the images and seek permission directly from the copyright owner whenever possible. Additionally, be cautious when determining fair use, as it has specific criteria and does not offer guaranteed protection.
Property
When using images of property, such as buildings or other structures, it is important to consider the same guidelines as for images of people. Obtain the necessary licenses or permissions and respect any terms of use. Ensure that you have the rights to use the image for your intended purpose, especially if it involves commercial use.
Brands
Using images of brands requires special consideration. If you plan to use an image for revenue-generating activities or any commercial purposes, you will need commercial rights to the image. This includes using images to promote or sell a brand, such as on product packaging, corporate blogs, email marketing graphics, or social media posts. Ensure that you have the appropriate licensing agreements in place and specify the intended use of the image to obtain the necessary rights.
General Guidelines
- Obtain proper licenses or permissions: Ensure you have the necessary releases, especially for images containing trademarks, logos, identifiable people, or other private entities.
- Respect terms of use: Adhere to any terms or conditions associated with the use of the images.
- Be cautious with fair use: Fair use has specific criteria and does not offer guaranteed protection. Consult legal advice if needed.
- Seek permission: Whenever possible, obtain explicit permission from the copyright owner.
- Stay informed: Keep up to date with the latest developments in copyright law, especially as it pertains to your specific use case.
By following these guidelines and understanding the legal considerations, you can effectively navigate the legal landscape and use images of people, property, and brands while minimizing legal risks.
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What is the difference between licensing and copyright?
Copyright laws apply to photography, and understanding them is essential for photographers to ensure they receive recognition and protect their work. Copyright grants creators legal protection and exclusive rights over their original work.
Now, here is an explanation of the difference between licensing and copyright:
Licensing
Licensing is a legal permission granted by the copyright holder to another party, allowing them to use the copyrighted material in specific ways. It is a contractual agreement outlining the terms and conditions under which the licensee can use the work. Licensing grants the licensee certain rights and restrictions, which may include the right to reproduce, distribute, display, perform, or modify the material. The license can be non-exclusive, allowing multiple parties to be granted licenses, or exclusive, limiting usage rights to a single licensee. Licensing is a way to authorise the use of copyrighted material while maintaining ownership and control.
Copyright
Copyright is a legal right granted to the creator or owner of an original work of authorship. It automatically protects various forms of creative expression, such as literary works, artistic works, music, films, software code, and photographs, from unauthorised use or reproduction. Copyright grants creators exclusive rights over their work, including the rights to reproduce, distribute, display, perform, and create derivative works. These rights generally exist from the moment the work is created and last for a specific period, depending on the jurisdiction. For example, in the US, photographs are copyrighted for the photographer's lifetime plus 70 years. Copyright is the legal framework that protects creators' rights and allows them to control and monetise their work. It ensures that others cannot use, copy, or profit from the original creation without permission or without falling under fair use exceptions.
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Frequently asked questions
The photographer owns the snapshot's copyright, and this cannot be taken away. However, copyright photographers can license out their photographs for use in different contexts. This means that once an agreement has been made between the photographer and the client, the image can be used within the agreed-upon parameters.
A photographer has the exclusive right to control how their creative works are used and distributed, based on copyright law. This includes the right to prepare derivative works, distribute copies, publicly display or perform, digitally transmit, and license the copyrighted photograph.
The client has the right to negotiate and agree upon a license with the copyright photographer, allowing them to use the images in their materials, on their website, in advertisements, marketing campaigns, etc. The terms of use must be specified in a written agreement between the photographer and the client before any usage rights are granted.
While it is not required, adding a copyright notice to your images can serve as a reminder that your work is protected and cannot be used without your consent. A proper notice has three parts: the copyright symbol, the year of creation, and the name of the author or copyright holder.
