What Are the Copyright Laws for Images?
The ever-increasing and common usage of quality, affordable digital cameras has flooded the media environment with photographic imagery. The business realm of photography has shifted from a seemingly closed society to a viable means of financial growth for professionals, hobbyists and in some cases, complete novices. With increased image exposure via the Internet, image copyright infringement is front-and-center on the international intellectual property stage. Photographers, viewers and potential consumers must understand that copyright laws for images govern distribution, ownership, reproduction and overall usage rights, ultimately carrying weighty punishments for individuals and/or businesses who breach copyright laws.
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What Is Copyright?
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According to the World Intellectual Property Organization (WIPO), "Copyright is a legal term describing rights given the creators for their literary and artisitic works." Copyrighted material, as defined by the WIPO, includes "literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings."
Standardization of Copyright Laws
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Although national sovereignty still defines variations in copyright law and enforcement (e.g., the United States Copyright Act), the Berne Convention, an international agreement governing copyright reached in Switzerland in1886, remains the foundation of intellectual property law for WIPO member-nations around the globe in the 21st century.
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Shoot It, Own It
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The Berne Convention asserts that authors of creative material become the copyright holder of said material upon initial formation of the work. With regards to photography, the photographer is sole owner of image copyright upon capturing the image, unless the photograph was made as a contracted freelancer or an employee of a company. In the latter cases, the copyright is owned by the photographer's employer or client. Images captured during the photographers' free time (if employed by a company as a photographer) would remain the author's property.
How Long Does Copyright Last
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Once the image is created, or in terms of a digital image, once it is saved to disc or hard drive, copyright lasts for not less than 50 years after the photographer's death, according to the WIPO.
Protecting Image Copyright
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As an image becomes the photographer's property immediately upon tangible creation, a copyright notation is not required to show copyright ownership. However, according to Dr. Andrew D. Epstein, Esquire and Associates, official copyright registration [with the Copyright Office of the U.S. Library of Congress] might prove beneficial.
"There are three benefits to registering a copyright," says Epstein. "First, registration creates a public record of a copyright. Second, registration of a copyright is required in order to file a lawsuit for copyright infringement. Third, if a copyright is registered before there is an infringement or within three months after the first publication of a work, the owner of the copyright can claim certain alternate damages plus attorney's fees [under U.S. Copyright Law]."
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Resources
- Photo Credit Copyright symbol courtesy Wikipedia, Copyright-serif.svg
