Copyright
FAQ's
What
is the purpose of copyright law?
Copyright
law protects creative expression. The required level of creativity
is low. Copyright law applies to photographs as well as to works
that may be included in a photograph (such as a sculpture, a mural,
a painting, etc.) Any reference to photographs also includes digital
images.
How
long does the copyright in a photo last?
For photographs
created after January 1, 1978, the copyright in a photograph is normally
protected for the life of the photographer, plus 70 years.
If
I own a photo, don't I also own the copyright?
No. You may own the photo, but you own the copyright
only in any photos you have taken yourself. If you purchase an Ansel
Adams print, you have acquired only the print, not the copyright in
the image. Similarly, if you hire a professional photographer to make
a portrait photo of your family, you can purchase prints but the photographer
owns the copyright in the photo (unless he or she specifically agrees
to transfer the copyright to you). Ownership of a professional photo does
not include ownership of the copyright in the photo.
Do
the rules regarding the reproduction of photos apply to digital photos
and images?
Yes. Copyright protects digital
photos and images as well as photos made on film. Posting photos and
images on the internet does not make them free for use by others.
You must be the copyright owner or have the permission of the copyright
owner to use any image. If you plan to use an image for advertisement
or promotion, you must get permission from the photographer, and give
photo credit with each image.
What
rights do professional photographers have in their photos?
Copyright
law gives a professional photographer certain exclusive rights, including:
. Reproducing the photograph
. Preparing other images that are based on the original photograph.
.
Distribution of copies (whether or not for sale)
. Displaying the image publicly
If you do any of these things without the
copyright owner's permission, you have probably infringed his or her
copyright and you may be subject to civil or criminal liability.
Are school photos, pictures
with Santa at the mall, or cruise ship portraits copyrighted?
Yes. While these kinds
of photos are common, professional photographers normally take them
as part of their livelihood. Treat these photographs as you would
any copyrighted work. If you need permission,
contact the photo studio, mall management company or cruise line
company for the photographer's phone number to get a signed release
form.
