Who owns a photograph

Q As a designer of a new fashion and giftware range, I have recently commissioned a freelance photographer to take images of my new designs for promotion for my new brochure and also our website.

As the commissioner of the photography, do I own the copyright in the designs? No, even though you have paid the photographer, the photographer will be the first owner of the copyright in the photographs of your designs and you will have to obtain their permission.

However, a photographer can include licence terms which explain all the rules by which you must observe — printing further copies, sharing or posting on the internet. One way or another clarity of ownership is critical. Moral rights — the photographer will also have moral rights associated with the photographs they have taken. This means that you will have to take into consideration not using the images in a manner that could be interpreted as derogatory by the photographer.

No, you do not need permission as you will own the copyright in any photos that are taken, and you can use them commercially. Q If I see image on the internet and I want to use them for my business what are the basic rules? The majority of images on the in the internet are most likely to be protected by copyright. So, ascertain first whether the copyright term has expired usually 70 years plus the life of the creator and if it has you are free to use them.

Otherwise, obtain permission through a licence or a Creative Commons Licence. Copyright Office issued a document in December , reiterating that it will not register works produced by nature, animals or plants. According to the Copyright Office, a photograph taken by a monkey is unprotected intellectual property. The monkey selfie falls into the public domain and may be used by anyone without permission.

Published In: Copyright. Motion for Summary Judgment. Name and Likeness. Ownership Rules. Right of Publicity. Social Media. The Copyright Act.

Most of the time, these two questions will tell you what you need to know about how a photographer works, so that you can make an informed decision about who you work with:.

Finally, if you have specific uses in mind that are not covered in the usage license or contract, you should discuss these with the photographer before entering into a booking with them.

Related article: How to choose a family photographer. When you purchase digital images from me, I will give you a print release which gives you the permission to print the photographs as many times as you wish, and to share them for personal use. In deciding on my approach as to how I will use photographs, I wanted to achieve a balance between two things. It would be very difficult to demonstrate the consistency and quality of my photography to prospective clients and hence run a sustainable business , if I never used photographs from client shoots to promote the quality of my work — for example in my portfolios, blogs, or on social media.

I take your privacy very seriously, and will only publish your pictures in my online portfolios with your permission. I hope that this guide has helped to explain how photography copyright works and how it could apply to you. What other questions do you have about having your family or baby photographed?

Send me an e-mail or let me know in the comments below. When you purchase digital images from a photographer, they will usually give you permission to print and share the photographs in one of two ways: Either by documenting what permissions you have to print and share the photographs in a contract.