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 aquired 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 the 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.
