Misconceptions of photo copyright and who owns that image have become all too common. With the ease of digital image reproduction and sharing, modern technology makes it almost effortless for anyone to drag and drop, copy and paste, alter and reproduce, then print and sell the works of others.
Technological changes in photography from film to digital output have blurred the once clear lines of image ownership. Once upon a time, he who held the negative owned the image.
To educate our readers about what they can and cannot do with our images, we have compiled a list of answers covering commonly misunderstood copyright questions.
What is included in a photographer’s copyright?
Simply stated, copyright for photographers means owning property, which includes exclusive rights as to how a photograph may be reproduced in any format. These rights include:
- Reproducing the images
- Preparing derivative works based on the image
- Image distribution
- Displaying the images
Once the photographer presses the camera button releasing the shutter, he owns all image rights.
How long does a copyright last?
Image copyright begins the moment a photograph is created and lasts the lifetime of the photographer plus 70 years. Probably longer than your lifetime.
If the image has a logo or signature watermark, can I remove it?
The watermark is considered part of the image. Cropping or removing the watermark by any method is a violation. Changing an image means you are saying you own the image with rights to do whatever you want.
Can I purchase images from you to use how I want?
You may purchase or obtain usage rights as determined by the photographer’s business practices and spelled out in their contract but the photographer retains the copyright. Please contact us for more information.
Can I have the digital images to fix them the way I want with different filters and stuff?
Actually, no. The images are considered an artistic creation and anything that changes the photographer’s final image is a copyright violation. Strictly prohibited.
Can I scan your images I see in print?
The photographer’s copyright includes how images may be reproduced and that includes scanning. If you scan a print, you are saying that you own the image rights, which is incorrect.
Can I do a screenshot of images on your website and post on social media?
Nope. The photographer’s rights include both physical and digital image distribution. If you want images to share on social media, ask us. We may be able to work out a deal.
Your images are posted on Facebook. Can I share them?
Sure! Sharing is great….as long as you do not "fix" the image. Even Facebook doesn’t allow you to download an image, alter it, and re-upload it. Altering is a violation.
You may “use” the uploaded image to share with friends via the internet but this does not include altering or reproducing the image.
Can I create photo books from images you shared on Facebook, Instagram, or other social media sites?
When a photographer uploads images to social media sites, the only rights granted are sharing on that site. Printing those images is a copyright infringement and most printing services will ask if you own the rights to reproduce the images. Saying yes to printing is a no-no.
To sum it up……
Copyright issues are serious, so much so that there is a bill, with stiff penalties, currently before the United States Congress to assist photographers with infringement problems caused by technology outpacing the laws already in place.
Professional photographers, like all artists, produce works that show off their talent and creative vision. While it may be innocent or unintentional, images altered or printed by others do not represent the photographer’s best work thus reducing their reputation and credibility.
Images scanned, printed, and sold without compensation to the owner harm small businesses. A professional photographer’s love of photography is more than a hobby……it is their livelihood.
So, the simple answer to Copyright: Who Owns that Image? The photographer.
