Copyright – Part 1 : What is Copyright
This is part one of multiple posts on copyright and photographers. As a photographer you need to know your rights and the rights of others.
Copyright is legal protection to copyright holders, for example photographers, by the United States government. According to the U.S. Copyright Office (2003), “Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of ‘original works of authorship’, including literary, dramatic, musical, artistic, and certain other intellectual works” (p. 5).
In the case of photography, the photographer is the copyright holder and the photography created by them is protected from illegal distribution and use. One exception is when a photographer is hired to do a photo shoot. The person(s) who hired the photographer is now considered the copyright holder. For example, wedding photos are not owned by the photographer, but by the person(s) who hired the photographer. This may not necessarily be the bride and groom. In this case, if a photographer wishes to sell the wedding photos to other people or use the photos as part of the photographer’s portfolio, they will need written permission from the copyright holder(s).
U.S. copyright protection is only legal within the United States and countries that have treaties with the United States at the time of the creation of the work. Other country’s laws may not give the same protection as those within the United States. This means that even though photography is copyrighted within the United States, it does not mean that other countries will uphold that copyright. “There is no such things as an ‘international copyright’” (U.S. Copyright Office, 2003, p. 36).
The reverse is also true. When the content is created, in this case a photograph, within another country depending on certain criteria there may not be a copyright within the United States. On the date the photo is taken if there isn’t an existing treaty on or within 30 days and the photographer is not a U.S. citizen, and then there is a possibility of there not being a legal copyright within the United States. There is always the possibility of the material (photography, book, etc.) being retroactively given copyright. The best rule of thumb when dealing with these kinds of work is to always get permission and always give credit.
Tags: copyright, how to, legal, part 1, photography, rights
Leave a Reply