How to Get Photography Copyright Law Protection
Social media and advanced technology have changed the way we create and share visual content in today’s digital space. However, this change comes with inherent risks that affect the use of images. Anyone can save, copy, and distribute photos on many websites without the creator’s permission. Unauthorized use or distribution of an image can threaten the creator’s artistic efforts and cost potential revenue.
The risk of unauthorized image use is not exclusive to professional photographers, as anyone can also save and use another person’s personal photos without consent. Engaging in seemingly simple online activities, such as downloading an image from a website for a blog post, can carry severe legal repercussions. Many people unknowingly breach laws governing photography copyright, which could result in severe consequences like heavy fines or deactivated websites. Therefore, it may help to learn more about photography copyright laws in order to preserve content integrity and ensure that the creators get recognition.
What Are the Photography Copyright Laws?
Photography copyright laws govern the ownership and protection of images, regardless of type or method of creation. These laws cover photographs across various online or offline media. Photography copyright laws grant creators ownership and exclusive rights to sell, rent, or lease their images to other people or entities. All parties to these agreements must comply with the details specified in copyright release forms for photography.
Photography copyright owners and recipients have the exclusive right to do the following:
Make copies of the original image;
Create derivatives of photographs;
Share copies of the images through various means;
Transfer ownership; and
Display the images over the internet or by other public means.
When Do Photographs Receive Copyright Protection?
Photography copyright protection automatically covers any original photograph fixed in a tangible form. Factors used to determine originality include independent creation and personal creative touch. Regardless, photographers may want to obtain additional protection for their original images by registering the copyright. However, because of the automatic protection, photographers must provide clients with photography copyright release forms if they have agreed to transfer those rights to the client.
Even if an image has many similarities with another taken by a different photographer, both photographers can still claim copyright protection for their images under photography copyright laws. For example, if two photographers take pictures of St. Peter’s Basilica at the same time and from the same angle, both photographers can claim copyright for their images. Although their works may appear similar, both images will have unique elements and differences.
Examples of Photo Copyright Infringement
To copyright photography means to protect the photographer’s work. Some instances of copyright infringement are very straightforward, such as when someone downloads an image from an online source and posts it on social media as his or her own. However, many more situations could directly or indirectly infringe on the photographer’s rights or breach the terms of a photo release form sample. Examples of photo copyright infringement include:
Unauthorized use of copyrighted images on a company’s website or personal platforms;
Modifying a copyrighted photo and sharing it as original work on social media;
Creating and selling merchandise that includes copyrighted images without authorization;
Using images obtained from social media platforms, such as Twitter or Facebook, without considering ownership or copyright laws;
Including a copyrighted photo as part of a video without authorization; and
Illegally using images from a photo exhibition or gallery.
Penalties for Copyright Infringement
Individuals or organizations who breach photography copyright laws risk serious penalties. The punishment for these infringements can range from $750 to $30,000, as determined by the court handling each case. Judges may also require payment for attorney fees, which can considerably increase the total penalties.
The court can further increase the fine if the copyright owner can prove that an individual or organization intentionally breached its copyright. According to the U.S. Copyright Office, the offender may pay up to $150,000 in such cases.
The Benefits of Registering Photography Copyright
Photographers inherently have copyrights for their images and are protected by photography copyright laws. However, it is sometimes difficult to prove a claim of photography copyright infringement. To avoid these difficulties, photographers and other visual art creatives often choose to register their copyright. It is also important to draft a photo release form sample to give to clients as needed.
Some benefits of registering photography copyrights for your images include:
- Securing ownership — A registered photography copyright makes it impossible for another person to claim ownership. Upon completing the registration process, the owner will have the documentation and unique copyright number as proof of ownership of the image.
- Expediting infringement actions — Copyright registration helps photo owners quickly file lawsuits in federal court when infringement occurs. In such cases, the owner can expedite legal proceedings because the copyright registrations give necessary backing to the lawsuit.
- Claiming statutory damages and other legal fees — Copyright registration helps photograph owners to claim statutory damages and potentially recover all legal expenses related to the claim.
- Having a public record of copyright — Once registered, there is a public record of the copyrighted image. This is particularly important in cases where the original photo or its storage device gets lost or damaged. These public records also assist individuals seeking authorization to use the photographer’s work.
Protect your photographs from unauthorized use with the drafted Photo Release Form for your needs.
How Long Do Photo Copyrights Last?
One major benefit of photography copyright is that it remains valid for a long time. In the United States, copyrighted images enjoy protection by law throughout the creator’s lifetime plus 70 years after his or her passing. Subsequently, the protected image transitions into the public domain, where anyone can use it without fear of violating copyright law.
Avoiding Copyright Problems With Photos
There are several ways to protect your images from unauthorized use or to unknowingly break photography copyright laws by using another person’s work.
Registering copyright
Registering a photography copyright for your images before publishing on the internet provides legal protection. When publishing without or before registering, you run the risk of another person claiming ownership of the photo.
Using full-image watermarks
While photography copyright laws are in place to help safeguard your images, you can protect them from piracy using watermarks. Unfortunately, many turn out to be ineffective, as some apps can easily remove watermarks with a few clicks or by cropping them out. A full-image watermark will better protect your images, as it is more difficult to completely remove.
Marking your work as copyrighted with ©
Marking your image with the © symbol is an important step to show that it is protected under photography copyright laws. Placing the mark as a footer on web pages or images serves to show legally binding recognition of intellectual property. The symbol can deter duplication and other forms of piracy and is only overridden by a photography copyright release form. The copyright symbol is usually introduced in the following format: © Copyright [Entity or Individual Name] [Current Year].
Keeping comprehensive records and getting to know “metadata”
Maintaining complete records and understanding the concept of “metadata” can help photography copyright owners safeguard their work. Detailed records of the creation process can serve as evidence for legal proceedings in the event of copyright infringement. Furthermore, devices and apps used to capture or produce images automatically embed “metadata” on photos which helps to support copyright claims.
How To Get a Copyright for Photography
Getting a photography copyright for your image is easy. The following steps will help to protect images from piracy and ensure adherence to photography copyright laws:
Visit the Photographs page of the U.S. Copyright Office website;
Click “Register a Photograph” and follow the steps given.
(Note that this is for registering a single image. If you have up to 10 unregistered images, you can register them as a group by clicking “Register a Group of Unpublished Works”).
Also, note that the website has a feature to search for existing copyright records, which helps to prevent infringing on another person’s photography copyright. In addition to registration, photographers may carefully consider completing photography copyright release forms for certain types of work, which will generally transfer some or all rights to the subject of the photo or to a company for commissioned work.
Key Takeaways
Photography copyright and its inherent laws exist to prevent theft of creative works without repercussions. Photographers should take all necessary precautions to fully benefit from these laws. Register an image copyright. Issue photo release forms as appropriate. Understanding the basics of photography copyright laws will help you protect all your images as you grow as a creative.
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Frequently Asked Questions
As soon as you take a picture, you automatically have ownership of the image and protection through photography copyright laws. Although adding the copyright symbol is unnecessary in social media posts, many photographers use them for prints in work-for-hire agreements. In addition, using a photography copyright release form helps to clarify the true owner of image usage rights.
How the creator uses watermarks in his or her images determines the potential protection. Using full-image watermarks makes piracy or unauthorized use more difficult. With full watermarks, signs of alterations usually remain on the image, which may be sufficient evidence for photography copyright claims.
A photographer can use a copyright release form to transfer the photography copyright to another person, usually the subject of the photo, for free or for a fee. The copyright transfer document must contain the following:
- Details of the parties and their contact information;
- Particular images being transferred;
- Cost of the transaction (if applicable);
- Warranties;
- Governing law; and
- Signatures of the parties.