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.
What rights do professional
photographers have in their photos?
Copyright law gives a professional photographer certain exclusive rights,
including: