Digital Photo Copyright Law
As a photographer or a user of digital photographs, it's important to understand the copyright laws associated with your work and the works of others. Some may think that using an image without selling it does not break copyright law, but often this is not true.
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Separate Rights
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The owner of a digital photo has four separate rights to the image: the right to copy it, the right to make those copies public, the right create other works using the image, and the right to display the photograph itself in public. The photographer may sell some of these rights but choose not to sell others.
Registration
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If a photographer feels his work has been used in a way that violates copyright laws, he must register the photograph--or have already registered the photograph--before he can take legal action.
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Publication
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Publication in reference to digital photographs means that the work or ownership of that work is sold to the public. Simply displaying a picture in public does not necessarily count as publication. The Copyright Office does not define how this pertains to online transmission, so photographers must be vigilant about registering images before posting them online or they may not be able to pursue copyright infringement action.
Stock Photos
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Many websites sell royalty-free or stock photographs, but there are rules that apply to the use of the photos even after they are purchased. There are guidelines for both free and purchased photos; some apply to one photo only while others apply to all photos on the site. Sometimes you must follow both sets of guidelines.
Fair Use
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Certain conditions, such as using materials for specific teaching circumstances or using material in a parody, constitute "fair use" and are exempted from copyright laws. This applies only in certain cases, however, and even if a user is not selling the work she may still break copyright laws simply by displaying it without permission.
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References
- Photo Credit digital camera age image by Steve Brase from Fotolia.com
