Copyright Ownership
A photographer owns the copyright to photographs they take. This lasts for their lifetime plus 70 years afterwards. They have exclusive rights to use their photos. There are exceptions if the photographer is employed and instructed to take photos, or if the photo is licensed to someone else.
Copyright Infringement
Copyright protects photos regardless whether published or artistic merit. Using a photo without permission can lead to lawsuits and fines up to $150,000. Deleting watermarks or signatures, duplicating without credit, or falsely claiming copyright are illegal.
Copyright starts when a work is fixed in tangible form. For photos, this is when the shutter button is pressed. The owner then has rights to reproduce, distribute and create derivative works. Registration provides further legal protections but is not required for copyright ownership.
Rights and Permissions
If you appear in an image, the photographer still owns copyright. Both parties cannot demand copies or control over the image, but terms can be negotiated.
- Photos taken in public places can generally be published without permission.
- Private places or commercial property usually require releases to publish.
To identify if an online photo is copyrighted, reverse image search services can be used.
Copyright aims to allow photographers to benefit from their work. Photographers may choose to publish on their own website, sell licenses, make available on stock sites, or keep private. Understanding rights is crucial to ensure proper credit, licensing fees, and control over their images.