Copyright Infringement
- pauseandpose4
- Apr 14, 2021
- 2 min read
Updated: Apr 15, 2021
Today’s blog post was inspired by another local photographer who recently posted about a copyright infringement issue that he had.
What is copyright? The word “copyright” is thrown around a lot on photography forums but what does it really mean? A copyright is a legal device that gives the creator of a literary, artistic, musical, or other creative work the sole right to publish and sell that work. Copyright owners have the right to control the reproduction of their work, including the right to receive payment for that reproduction. An author may grant or sell those rights to others, including publishers or clients. Violation of a copyright is called infringement.
Photographs are protected by copyright from the moment they are created. That means the moment I press the shutter button on my camera. Even all those images that don’t come out right are protected by copyright.
Who owns the photograph? The owner of the “work” is generally the photographer or, in certain situations, the employer of the photographer. Even if a person hires a photographer to take pictures of a wedding, for example, the photographer will own the copyright in the photographs unless the copyright in the photographs is transferred, in writing and signed by the copyright owner, to another person. The subject of the photograph generally has nothing to do with the ownership of the copyright in the photograph. If the photographer is no longer living, the rights in the photograph are determined by the photographer’s will or passed as personal property by the applicable laws.
What does all this mean? It means that you cannot by any means use a photograph without the permission of the photographer, not even if you are in the photograph. This includes print and sharing on social media. It also means that you cannot in anyway modify or edit an image that has been taken by another photographer. This includes all those filters that people like to add to their images on social media. At the the end of the day it is very disrespectful to the photographer, it’s like telling them that you do not like their work. You must always look at a photographers previous work before booking with them and if you don’t like their final processed images then don’t book with them. Find the photographer that will give you exactly what you want. You can always discuss with your photographer beforehand to make sure they are aware of what end product you are looking for.
Unfortunately copyright infringement happens all the time, especially in Gibraltar. This has not only affected myself but also many other photographers. Just remember to follow your photographers terms and conditions because if you don’t the problem could escalate and you could even be taken to court. If you ever want to share a photographers work you have to make sure to ask them for permission first and always credit them when doing so.
If you would like to read some more about copyright laws you can use this link:
If you would like to read the post that inspired me to write this blog post use this link:
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