Law: Copyright
DISCLAIMER: THIS IS NOT LEGAL ADVICE. I AM NOT A LAWYER. DO NOT DEPEND ON THIS.
“I’ve taken a great photo and want to sell it. Should I copyright it? How do I copyright a photo?”
How Do I Copyright A Photo? You don’t. It’s already copyrighted. You don’t need to submit a form, and you don’t have to use that “©” symbol or a digital watermark — those are just customary ways of identifying the copyright owner.
Thus you don’t need to read this article. But if you want to, here it is.
Introduction
“Copyright” is “the right to copy.” This right is a legal construct, designed for you — the artist — to support your artistic endeavors. Without copyright, people would be free to use your artistic work without payment, and there would be little financial compensation for the effort of creating art. With copyright, you have legal protection. If someone wants to use (copy) your work, they have to get your permission. You can negotiate a “license” to copy, and perhaps even get paid in real money. Hopefully this will give you more incentive to create art, and the world will be a better place.
History
Legal copyright dates from 1557. At this time, a British printers’ guild prohibited members from printing books originated by other members. The publisher had protection but not the author. In 1710, Britain’s “Statute of Anne” gave copyright protection to authors, limited the duration of the protection, and gave rights to purchasers. The U.S. Constitution of 1787 discussed “securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” and the original U.S. Copyright Act dates to 1790. Rights were further defined and globalized with the Berne Convention, which was written in 1886 and adopted in U.K. law in 1988 and the U.S. in 1989.
What is Copyright?
Copyright applies to most artistic works, such as paintings, murals, statues, TV shows, music, and for us, photography. As a photographer, it gives you the exclusive right to make and sell copies of the photo; to create derivative works (other art based on the photo, such as a painting of the photo); to display the photo in public; and to license usage for money to other people. In a sense, copyright doesn’t give you anything, it really just affects other people, saying what they can’t do, thus It’s known as a “negative right.”
What About That © Symbol?
The © symbol, or any other marking, is not required. It was required in the U.S. before 1989, but adoption of the Berne Convention removed this requirement, as copyright is now automatic. However, it is still optionally used as means of identifying the copyright owner, along with the date of creation. You don’t have to include the © with your photo, but the addition of “© 2006 Joe Bloggs” tells everyone that Joe Bloggs hereby declares copyright ownership of this photo since 2006.
The © symbol is technically a lower-case letter “c” with a circle around it. On a computer keyboard, the symbol is typed by holding down the “option” key and the pressing the letter “g”. On a web page, use the HTML tag “©”.
Similarly the phrase “All rights reserved” is not required. It was once required to assert international rights but was made redundant by the Berne Convention.
Copyright is Automatic?
Yes, thanks to the Berne Convention. At the moment of creation, when the artwork is “fixed” in some tangible form, copyright applies automatically. For a photographer, when you press the shutter release you are making a photo and gaining copyright to that photo at the same time. You don’t have to declare copyright or file any paperwork. It is yours to keep until you explicitly give it away or you die (copyright expires after you, the duration in the U.S. is the author’s lifetime plus 70 years).
That said, there is an advantage to filing for copyright. If a dispute arises, you can get punitive damages (in addition to compensatory damages) if a form was filed before infringement.
Will People Steal My Work?
Generally no, as publishers live by copyright law and usually have established rates which they gladly pay. A more likely problem is that publishers may not know that you are the copyright owner, which goes back to that “©” symbol and digital watermark.
If you put your photos on the Internet, you may find them cropping up on other amateur websites, but not on professional websites or in printed media. Pictures on the Internet are too low in resolution to use in print. By the way, putting photos on the Internet may make them publicly available but does not (in the legal sense) put them in the public domain.
What about overseas? Your copyright is valid in all countries that adhere to the Berne Convention.
But How Do You Copyright A Photo?
“Very nice but you haven’t answered the original question: How do I copyright my photo?”
Get a form here. Complete, attach a copy of your photo, and mail to U.S. Copyright Office in Washington, D.C.
Have fun!
On a computer keyboard, the symbol is typed by holding down the “option” key and the pressing the letter “g”.
I cannot find the “option” key you mentioned, where is it?
Hi Michael:
Good point! I am a Mac user; perhaps you are a Windows user. Try holding down the Alt key and typing 0169.
I noted with interest this quote on the US Govt Copyright website: “Even if a person hires a photographer to take pictures of a wedding, for example, the photographer will own the copyright in the photographs unless the copyright in the photographs is transferred, in writing and signed by the copyright owner, to another person. The subject of the photograph generally has nothing to do with the ownership of the copyright in the photograph.”
Hi Erica:
Thanks for pointing that out. I’ll have to add your quote to the article.
Andrew
I was wondering whether I become the owner of the copyright in a photo although I might have infringed someone’s rights by taking it.
Does the copyright subsist anyway and I am prevented of exploiting it or does it not come into existence ?
Hi.
If you take a photo, you own the copyright to that photo. As for as the copyright goes, you can then license the photo. However, there can be other laws involved. For example, if you take a photo of someone else’s photo or artwork, then there is their copyright to consider. You own the copyright to your photo but you’d need to get permission from the person who owns the copyright of the subject of your photo.
Hi Karen. You can generally copy old family photos for private use. Also photos taken before 1989 in the U.S. that were not published with a copyright notice or registered are in the public domain, according to this site: http://copyright.cornell.edu/resources/publicdomain.cfm
You own the copyright of any photo you take, regardless of the circumstances. But you may not be able to sell that image if you infringed someone’s rights by taking it.
Can someone copy Old Photos like family phoptos that 65 years old?
A local presentation might generally be considered “fair use” so yes, he would be able to use the photograph in such a presentation.
if a members of staff found a picture of a proffesional skier on the internet and did not know who the photographer was. Would he be allowed to use the photograph in a presentation. Urgent
A few years ago I posted my own photos on my own website and a dating site had used one of them on their front page. I was obviously upset and wrote them but they never took it down until a year later when they went out of business.
I think once your photos are online it’s almost impossible to put the genie back in the bottle.
Also, if someone is using your photos as avatars and they are not using them for profit or advertising then you don’t have much of a legal leg to stand on except to complain to the website owners and ask the photos to be removed.
Hi. Making a copyright claim is expensive in court. But, since you have a written agreement, you might be able to go to small claims court based on a broken contract. Terms vary by locality; in California I think you can get up to $5,000 awarded.
How do you recommend I handle someone deliberately placing photographs on the internet, after signing an agreement not to do so?
On top of it all, the vast amount of photographs were NEVER paid for (6 months later).
Unfortunately, it is a friend of a “friend”, who set up the session.
Yes, I think you can use the photos in a portfolio under “fair use”, particularly since they pertain to you and your career.
If I am a photographer that is a salaried employee for a newspaper may I post photographs that I took for that paper in my portfolio? The newspaper does hold the copyright to the photos.
Yes, they’re your photographs – you become the copyright holder the moment the photograph comes into existence. What you do with the images then, is your decision. Giving someone a print of a photograph does not mean that you are giving the copyright away. Same with CDs or films or books – you buy one but that doesn’t mean that you can then churn out copies.
So these are your picture, you decide what to do with them. You can decide to give him 25% 50% or nothing – it’s up to you. The actual piece of paper that you gave him with the image on it is his – he can sell that piece of paper but he can’t take a photo of your photo. HTHs and good luck!
Hi. This is a good question that I should address with an article on “work-for-hire.” Since you are a salaried employee whose job is take photos for the newspaper, then the newspaper owns the copyright to the photos that you took for them. However, your use of those photos for your portfolio would generally be considered “fair use”, as you are not making money from the photos and you are fairly representing what you do. So, to answer your question, I think the newspaper does hold the copyright to the photos but you may post photographs that you took in your portfolio.
I had taken pictures several years ago when i was 16, and I gave the pictures in a photo album, to my boyfriend. He now has come to me saying that a man wants to sell some of them in his art gallery and he wants half of the profits. i told him i would give him 25% for a finders fee, and he told me no i was out of the deal. I took the photos with my camera and gave him the photos for his birthday, do i still have the rights to the pictures and if he does start selling them, what can I do?
My artwork is an old VW bus. If someone takes a photo including my license plate is it legal to sell that photo without my permission?
Actually you DO NOT have the rights to the picture. Unless you signed a contract before the shoot that granted you rights to the photos, he can do with them as he pleases. As you are just a model in a sense. You dont have the right to just crop out the copyright. And in any sense you should give credit. Just because its a picture of you, doesnt mean you can do what you want with it. Its not your property.
Hi Bob. You have a copyright on your artwork, so if someone else is making money from photos of your artwork then you can legally stop them, or get a cut of the revenue. The license plate demonstrates that it is your artwork.
Hi. You have the copyright on those photos, so your boyfriend and the art gallery man cannot make copies without your permission. When you gave the photos to your boyfriend you only gave him the actual prints, not the copyright to the photos. You can ask for any percentage you want, or deny them the use. Your boyfriend is the one who is out of the deal!
Someone recently took a photo of me and published it on facebook. They coprighted it with the “c” mark. But since it was an image of me I cropped it, without the “c” and used it for my profile photo. They said that they should get credit, but I said it was an image of ME… technically published without my permission… so I could use it how I wanted…. any thoughts!
Hi Alison. Two good questions there. It is not legal to sell paintings of photographs that have copyright. See the recent issue with Shepard Fairey and the Obama “Hope” poster. http://www.pdnonline.com/pdn/news/Shepard-Fairey-Plead-4815.shtml
However, since the photo is old, it may no longer have copyright. Works taken before 1923, and works taken before 1977 that were not published with a copyright notice do not have copyright protection. They are in the public domain and you may paint them.
is it against the law to paint a photograph that someone is taken. If the photograph was taken before 1930 but published in a book in 1980 does the copyright on the photograph still exist?
Thanks for a great article. How do you see the new phenomenon Pinterest.com in terms of copyright. True the photos are not print quality. And the site does make an effort to link back to the site where a photo came from. But in most cases there is no permission from the photographer or owner of the photo when it’s posted publicly. And there are thousands of pictures published on Pinterest everyday that do not credit the photographer.
It seems parallel to Napster. What do you think?
Hi Peggy:
I am not a lawyer and this isn’t legal advice, but my opinion is:
Good question. Pinterest does offer an opt-out system but the onus should be on Pinterest to request permission, not on the photographer to have to register a denial of permission. I believe some stock sites have complained and rightly so. Pinterest is getting revenue based in some manner on the unapproved use copyrighted photos, so a legal situation may be present.
my question is : I am a student at a local college. I worked as a photographer for the school paper, there was no contract signed with any defination of my job description or requirements. The paper has allowed a popular resturant chain to use the images I shot. They downloaded from the internet and cropped and made prints that are on display in their store. I did not get any credit for my photos. The school has informed me that I have no rights to the images at all. I just want credit for my images as a student. do you have any advise?
Hi Angela:
Good question. I am not a lawyer and this isn’t legal advice, but my opinion is: You are right. If you took the photo then you own the copyright. Since you didn’t sign the copyright away, it is yours, and not the college’s. The college may say that anything you do for them belongs to them but that wouldn’t seem to have any basis in a contract. So yes, you can require the restaurant to do anything you like in exchange for their use of your photo.
Hi, A postcard has appeared on ebay for sale. On one side of the postcard is a photograph of a public park dated in 1929. The photo is shown in the advert on Ebay. Can I legally copy the photo from the ebay ad or would I have to buy the card?? There is no owner stated on the card, it is just a general post card with an address and a short message on the other side of the photo.
Thanks
Hi Phil:
There are two copyrights here: the copyright of the photo on the postcard (by the postcard photographer), and the copyright of the photo of the postcard (by the eBay seller). Since the eBay photo is probably a direct copy of the postcard and likely has little additional creativity, then it is probably just a derivative work of the postcard. Thus you need not get permission to copy the eBay photo. The postcard image itself, dating from 1929, only has copyright if it was published with a copyright notice AND the copyright was renewed. That is unlikely, particularly if no owner is stated on the card. Plus, if you are using your copy for personal and generally non-profit use, that would likely be considered “fair use” which is not infringing. Buying the card makes no difference, although it would give you a better image to copy from.
I have a Facebook account and post pics of my daughter for friends and family only (that is our privacy setting on FB). My Aunt showed her friend (an artist) a pic of my daughter and the friend painted her. Now the friend wants to charge us 350.00 to buy the painting or sell it to someone else. Can you tell me if she can do this? What are our rights to our daughters image? FYI- We took the photo with our personal camera.
Thanks!
Hi Jenn. Since you took the photo, you own the copyright. So, if your aunt’s friend sells the picture to someone else, legally she should get your permission first. You could ask for a percentage of the sale price, charge her a flat fee, or even prohibit her from selling her copy of your picture. See this page for more info: http://www.photosecrets.com/photography-law-copyright-artwork
If I am looking to make postcards or make a calendar or something like that, and I take a picture of someone’s house, is that legal? Do I need their permission to use it and possibly sell it? It isn’t a picture of them, rather of their property. I have taken some really great pictures that are of people’s farms. They would make awesome pictures for a calendar or postcards, etc. But I don’t want to find myself in any trouble for using someone’s house in a photo.
Thanks for your information. Two questions: If I don’t use a watermark or label of any type on the image, can’t someone just say they shot the image and claim the © for themselves? How do I prove I took the image? Secondly, what if two + people take virtually the same image of a landmark or landscape, etc, how does that work out in this discussion?
Hi Jeffrey. I am not a lawyer and this isn’t legal advice. Those are two good questions, I should address them in my text sometime. Watermarks and labels can help deter theft, although determined people could still possibly crop or Photoshop out such protections. I’ve not heard of a big problem with people claiming copyright for themselves, but if that happened to you, then you could supply background information to show that you took the photo and used it first. As for your second question, anyone is free to photograph the same public viewpoint of a landmark or landscape; it’s use of the actual photograph that constitutes copyright infringement. If you and someone else take similar photos of a landmark, the other person can use their photo of the landmark but not your photo of the landmark. Hope that helps.
I wanted to put a 15 year old graduation picture onto a disk. Fed/ed refuse to do it because it was a graduation picture taken by a professional photographer and therefore copyrighted. The want me to call the school in California and find out who the photographer was and to call and get his permission. Are they right or wrong to refuse to scan this picture because of copyright. they is no identification on the photo and the school no longer exist.
Hi Wayne. This seems to be a policy at many such places. There might have been a lawsuit several years back that set this policy, I’ll look into it one day. To answer your question, they are right to refuse to scan the picture because of copyright, regardless of the circumstances behind the photo and the school.
I am pursuing my career as model and hired a professional photographer to build my portfolio. He must have taken around 200 pictures of me of which I get to pick 20 of them for him to edit and sell it to me in a disc. Am I buying the copyrights to those 20 pictures? and since it is in a disc do I have the right to distribute them to as many modeling companies as I want or even sell them? And since I didn’t sign a release form does he have the right to use my pictures as advertisement, post them on the internet, sell them, use it in his portfolio (online portfolio or a physical portfolio)?
Hi Mike. I am not a lawyer and this isn’t legal advice. It sounds like you are buying to use his photos of you. He would keep the copyright but you can use the images to promote yourself. You could write out a short contract, or ask the photographer to do so, to say who owns the copyright (probably the photographer) and what you can do with the images (probably anything). If you didn’t sign a model release then the photographer does not have the right to sell your image. Good luck with your career!
I have some wonderful pictures that my deceased father took in WW2 of planes, pilots, etc. while serving in the army airforce. I would like to reprint them and sell them in my airport coffee shop and on the internet. Should I put the copyright “C” with his name or mine, and with the current year or the year he took them during the war. I assume he has the copyright, but being deceased, does that pass on to his heirs?
Hi Diane. Good question. You don’t need to add copyright info, that’s optional. You could add something like “Photograph taken in 1944 by Joe Bloggs” (or whatever you want to say). It’s unlikely that he registered a copyright and renewed it, in which case there was and is no copyright to the photo. If there was and is a copyright, it would likely be owned by his heirs.
Disclaimer: I am not a lawyer and this isn’t legal advice.
Hi
As a photographer who (naturally) shoots raw images, I have a question as to when the copyrightable image exists.
You say in the article that
“when you press the shutter release you … (are) gaining copyright to that photo at the same time. ”
The ‘image’, at this time, only exists in a raw-format binary computer file.
As you know, raw images are in proprietary formats, and the camera manufacturer will not release the specification publicly.
Therefore, I don’t have unfettered access to my own works. I know that the camera manufacturer supplies their own software to process the raw images, but I am still reliant upon them (or e.g., Adobe) to actualise my images.
I’d be interested to know your thoughts on this.
Hi Gary. Interesting question. The law says:
“A work is ‘created’ when it is fixed in a copy … for the first time.”
“A work is ‘fixed’ in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.”
Thus the digital format, even if it is proprietary, is not an issue in regards to copyright.
Lots of my old images are in PhotoCD format, which is no longer supported by Kodak or Adobe Photoshop. The images have copyright, even if I can’t access them!*
(* I use GraphicConverter to open them.)
Disclaimer: I am not a lawyer, this isn’t legal advice.
Hi, Andrew thank you for your dedication and responses. I have a quick question: I’ve taken a lot of candid street photos in New York which oftentimes have prominent expression on character’s faces. Since I do not obtain model releases, and since these people aren’t my “models” per say, how does copyright work in that case. I know I own the photos, but what if I exhibit them and someone wants to buy a copy of a photo where someone’s face is featured in a prominent manner. And what if it’s a group of people on a street, one can’t possibly get all releases at all times. Thoughts? Thank you.
That is a good question and I don’t yet know the answer. The issue is mostly the privacy rights of the subjects. Making money from someone’s face without agreement from that person doesn’t sound like a good idea. I should research and write about street photography.
Disclaimer: I am not a lawyer, this isn’t legal advice.
I have been reading everything, but what are rules when it comes to photos and minor children. Heres what has happend thus far. I paid 350 for two looks for my daughter included hair makeup and proofs. I got the proofs today….in there was a paper stating prices to get prints were 175 per picture printed! what if I dont want the prints? and just want to reproduce The proofs I paid for, no contract was signed and shes only 4 years old..
Hi. Unfortunately it sounds like the photographer owns the copyright to those particular images. The subject’s age is not an issue here. You can probably keep the proofs (if that was what the photographer offered) but cannot legally copy them. If you don’t want the prints, don’t buy them. This is often how studio, portrait and wedding photographers make their money and pay for the effort involved. Sorry!
Disclaimer: I am not a lawyer, this isn’t legal advice.
I just want to know,if I take any pictures of public parks or other beautiful landscapes, famous parks or etc, can I make post cards out of them and maybe sell them? If not,can I use them for personal post cards to my family and friends?
Hi. Generally yes. If you’re photographs are of natural subjects and taken from a public viewpoint you can usually do what you like with them, include sell them.
I am currently working on an update to this site which will have more info on these subjects.
Disclaimer: I am not a lawyer, this isn’t legal advice.
Hello, I apologize if this post is redundant and if this question has already been answered– but here it goes.
I currently work as a full-time salaried photographer at a portrait studio, but am looking to switch locations and wish to update my portfolio with some of my work from the past couple of years. I realize that the studio technically owns the copyrights to any images I took, but if I get permission from the clients in the photographs, am I allowed to use them in my portfolio under “fair-use”?
I spoke with my boss about this today and he said that he didn’t believe I had the right to use any images, since they were the “intellectual property” of the studio. I have never signed a contract of any kind.
Thoughts? I just want to be able to show my technical work
Hi. Your photos sound like “works made for hire” and you’re right, the copyrights belong to the studio (or the studio’s clients, if the studio gave the copyrights away in writing). But it would seem like fair use for you to show the photos you took in a private portfolio as examples of your work.
I am currently working on an update to this site which will have more info on these subjects.
Disclaimer: I am not a lawyer, this isn’t legal advice.
I live in Blackpool and have taken pictures of various attractions from the resort including the Blackpool Tower, if I was to want to sell prints of such attractions would I need to get permission from the attraction?
Hey Andrew, first off this is great site, keep up the good work. Secondly, I work for a church (not for profit) doing some media type things. I am a avid photographer and take my own photos whenever possible. But, sometimes I just can’t photograph the image I want (maybe crosses on a hillside) and turn to google images… This brings me to 2 questions #1- if I locate an image and find the actual website hosting it and still don’t find any copyright info should I still not use it? #2- if I do find the copyright owner am I allowed to display/use their image if I give them credit? These images get used as maybe a background to a PowerPoint slide with text overlayed or maybe as part of a handout for an upcoming event.. Thanks!
I came across this site wanting to protect a friends lovely photo of himself with his daughter. He said I can use it for fathers day cards. If he wants to earn money for it how do I go about selling the photo to say Hallmark or another card or calandar company? The photo is amazing! Thank you for this site/blog.
i took a couple haunted pics in a house…THEY ARE LEGIT….i want to copyright them before i get the house history this week…can u help?
Hi Krystal. Congratulations! Your photos already have copyright, it is automatic from when you take the photo. You can register the copyright if you want. Visit http://www.copyright.gov. I am working on a major update to this section to answer more questions.
Hello.
I recently worked as a writer, composing original gardening articles for an online gardening site and featuring my own photos.
I discontinued that job because of the contract which basically signed away my rights to the articles; in other words, the articles became the property of the Website.
The articles were heavy on the photo side and included some of my best work.
It increasingly gnawed at me that I was getting little compensation for a great deal of sweat equity and time that might be better used in taking my photography to the next level. I hope to sell my own work someday.
My questions: 1) Do I have fair use rights in giving the Web links to my written articles to potential employers to showcase my on-line writing/photography work?
2) May I use those photos ever again? They are still on my hard drive, without a copyright overlay or anything.
(My work as a writer for that gardening Website resulted in a product, the entire article including the photos).
That is not the same thing as the photos in and of themselves, but I believe my contract stated that anything I created while under contract became the property of the Website.
Be that as it may, I have lived and learned, and I no longer give my work away. Thanks so much.
GARDENING WRITER
Hi TJ:
Thanks for your question. This issue is called “works made for hire” and I’m about to post an article on the subject. If you were a freelance writer (as opposed to an employee) the copyright would be yours, unless you signed a written agreement to transfer the copyright to the publisher. It sounds like you signed such an agreement in which case you have to work with the terms of the agreement. To answer your specific questions:
1) Yes. You are free to provide links to web content. Everyone is free to do that. You could probably also show potential employers your work too, since that is probably “fair use”.
2) That would depend upon what you signed. If you specifically signed away the copyright to the photos (or everything you created while under contract) then you would be restricted to “fair use” rights, which is probably private, noncommercial use. The Website would likely object to you trying to sell, republish, or post the work online; but you could probably use them at home or in a private portfolio to show potential employers.
Best wishes,
Andrew
Disclaimer: I am not a lawyer, this is not legal advice.
I’ve taken a photo of my son. I want to enter it into on-line contests with for the sake of exposure and possible cash rewards. I fear the loss of copyright priveleges. In addition, I want to prevent expensive litigation if a legal attle ensues. What do the the photojournalist professionals do to avoid litigation and ensure royalties? Looking for best practices regardless the cost.
ONLINE CONTESTS
Hi Tim:
Good questions. I am preparing an article about online photo contests. In short, you own the copyright unless you agree otherwise. So read the terms and conditions of entry before submitting your work. Some less-than-wonderful sites may try a “rights grab” where they get the copyright, or unlimited use of your work. Some sites are “vanity” contests where their main aim is to sell you space for a bio, and sell you expensive copies of the compilation book. The best way to safeguard your work is register the copyright, which you can do yourself online for $35 at copyright.gov.
Good luck!
Andrew
Disclaimer: I am not a lawyer, this is not legal advice.
Hi, I have recently had some pictures taken by a good friend of mine, who is a Professional Photographer. Nothing was signed, no money was exchanged, it was just a good favour from a good friend. I was just wondering if there is any rules around ‘editing’ them? Removing blemishes etc As I know I do not own copyright and do not want to break any laws. Thank you
EDITING PHOTOS
Hi. There are no rules about editing or removing blemishes. Just get permission from your friend, the photographer (who owns the copyright), then you can do what you like.
Andrew
Disclaimer: I am not a lawyer, this is not legal advice.
I found a page on Facebook, and a webpage called http://www.youarenotaphotographer.com They are taking photos without permission that are posted by amateur photographers on facebook, and making fun of their editing and photography or lack of, and yes, the photos are bad, but my concern is, isn’t this illegal? Potentially harming someones business, (if they had any) All of these photos had the photographers business name on the photo or some type of logo and they have blacked out the name. Isn’t this just blatant copyright infringement?
YOUARENOTAPHOTOGRAPHER.COM
Hi Cristi:
That’s an interesting site, I did not know of that.
1) Isn’t this just blatant copyright infringement?
The site is probably legal under the “fair use” limitation of copyright law which permits copying without permission for public-benefit purposes such as “criticism.”
2) Potentially harming someones business…
If the site has “blacked out the name” then it might be hard to prove that harm has been done. “…making fun of their editing and photography or lack of” may be “libel,” “defamation” or “false light”, particularly if the statements are malicious and false. This is often state or common law.
Best wishes,
Andrew
Disclaimer: I am not a lawyer, this is not legal advice.
Hi,
If I had a picture of a branded car such as a bmw or subaruia am I allowed to sell the picture without getting permission from the car manufacturer or would I need some special type of licence.
BRANDER CARS
Hi Emma:
This is a good question. The main issue here is likely trademark law. As long as you are not trying to pass yourself off as being part of, endorsed by, or affiliated with the car companies then you’re probably OK for private and general purposes. Many microstock companies will not accept photos of cars where the trademark is visible, or the design is distinctive and recognizable (also trademark law), as car companies have to protect their image.
Best wishes,
Andrew
Disclaimer: I am not a lawyer, this is not legal advice.
for the last two years I have been taking the sports photos and cheerleader photos at my my daughters school. I was asked to do this because I have been a photographer since 1982. I do it now on the side.The question is who owens the rights to the photos me are the school. My daughter had posted so photos of her and the cheerleaders oo facebook and the school said that the owned the copy rights and she couldnt post them. also any photographer needed a contract to do photos with the school. I did it for two years and ther was never a contract. Who ownes the photos.?
SCHOOL PHOTOS COPYRIGHT
Hi Steve:
Good question. You (likely) own the copyright. If you took the photos, and you were not a full-time employee of the school, and you did not sign away the copyright with a contract, then you would be the legal “author” of the “works” and thus you own the copyright.
Best wishes,
Andrew
Disclaimer: I am not a lawyer, this is not legal advice.
Is it illegal to post a photograph on a cemetery memorial site?
CEMETERY MEMORIAL SITE
Hi Ann:
If by “site” you mean a physical location, then that might be an issue of property law. The cemetery can control what occurs on the property, so if they prohibit something such as the posting of photographs then they can probably remove the photos if they wish. If someone is offended or upset about the photos then that would not be a good thing.
Andrew
Disclaimer: I am not a lawyer, this is not legal advice.
Im a musician and a friend took some photos at a few outdoor shows. The photos are of me and were given to me to use in promoting my music. Now this woman wants me to remove them from my website. The trouble I’m having is that these photos are all over my promotional items with comments and “likes”. They have become how people know my work so to say. If they were given to me to use for these purposes and now she decided to say I couldn’t use these photos of me does she have any right? PLEASE HELP!
I took some photos of art works in a gallery recently. Am I allowed to sell these if I credit the artist on the bottom of the print? Does the same apply to the interior/exterior architecture of the gallery? Thanks
Hi, I am going to make a port folio of my photography- however some of the photos I have already put on facebook, am I still aloud to use those photos in my port folio? please help as I dont want to break any laws. Thank you!
I’m a little confuse:
If you shoot a product based from your own style. Then, Who owns the images?
If the product owner only needs images angle 1 and 2 but you made an extra different images 3 and 4.
Can i still use the images 3 and 4, since they don’t have it? (it’s not like they’ll recognize it’s their product)
can i also use image 1 and 2 for my portfolio?
the product is pretty expensive and i don’t want to break any law.
Thanks.
Generally speaking; if you take some snapshots of yourself, and you upload them to an online social media website, and then someone right clicks to take those photos AND then places them elsewhere on another social media site without your permission– is that copyright infringement? I think this has become a major problem especially with site rippers that can take entire directories of photos, and then are placed elsewhere. What rights stand on this situation?