Have you taken a photograph? Then under Copyright Law of many countries, you own the
copyright to that photo. This law is something that affects not just
photographers but also those who want to use photos taken or created by someone
else. With the ease of taking and sharing images, the concerns related to their
unauthorized use have increased much. Hence, comprehending legal rights
associated with the photographers and their photographs is more crucial than
ever. Let’s have a look at five vital things everyone should know about
copyright in photographs.
1. Copyright is Automatic
If you take a photo, then you automatically become its owner according to
the provisions provided in the copyright law of the US and several other
nations. As it is automatic and immediate, you needn’t file or publish anything
to establish or own your copyright. However, going for Copyright Registration of your photograph is
recommended due to several reasons, but it’s not mandatory.
2. Use of the Copyright Symbol Isn’t Mandatory
Using the copyright symbol on your images at the time you publish them is
a good idea. It is a reminder to the viewers that the specific image is
protected as your copyright. In other words, it’s a smart step to secure your
work from being infringed by those who mistakenly believe that photos without a
copyright symbol are available for free use. However, the copyright law of most
countries is clear that using the copyright symbol isn’t required to protect
your photos. The law states that one’s images belong to him/ her regardless of
whether he/ she put the symbol when publishing them or not.
3. Registering Your Photos With Relevant Copyright Office
Offers Additional Protection
Registering your photo with Copyright Office bestows you with extra
protection in the Copyright Infringement case. It limits your
case to actual damages, i.e., the amount of money that the violation costs you
as opposed to statutory damages, i.e., damages valued by the law based on the
type of infringement. Since the actual damages are often very difficult to
prove and can be very limited in some cases, the ability to obtain statutory
damages is a remarkable reason to register your copyright whenever you come up
with new and useful work.
4. It’s Possible to Allow Others to Use Your Photo
Without Giving Up the Copyright
You, as a copyright owner, possess the right to license your photo to
another party. Copyright licensing refers to a way of permitting someone to use
your photo without affecting its ownership. Copyright License Agreements can vary based on the
control over the image you want to grant to others. You can grant the right to
use your photo for specific purposes for a specific time or broad usage. Besides
how you plan to license your photo, you can allow the party to use the same
without giving up your ownership. Hence, if someone asks for permission to use
your photo, ensure understanding what rights you are granting, along with
whether those rights relate to licensed use or copyright.
5. Use of Photos Doesn’t Always Mean Infringement of
Owner’s Copyright
Although the law provides the owner with exclusive rights to reproduce,
display, share and distribute his/ her work, there are a few legal provisions
under which someone can use a copyrighted photo even without obtaining
permission from the original owner. For instance, quoting a portion of any
written work or sharing a photo for purposes like educational, reporting,
legislative, etc., can be allowed under ‘fair use.’ Nevertheless, fair use is
limited in scope, and therefore, most cases where someone uses your work
without your consent result in copyright infringement. So, be careful.
As photographers, it’s essential for us to at least have a basic understanding
of the Copyright Protection and rights we can
enjoy under the law of the respective nation. For further information and
questions/ answers related to copyright law, protection, registration, or more,
you are recommended to find a good Intellectual Property Attorney. You can also look for a
deft Intellectual Property Law Firm as such companies will
provide you with the best possible information. These can assist you with
almost every concern, from the Copyright Registration Process to the fee required to
register your photo and even how to secure other Intellectual property (IP) assets.
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