The
advent of the internet has ushered in an open season on
copyright infringement with regards to photographs. Website owners find
it all too easy to take photos online and place them on their websites.
Therefore, professional photographers need to understand the legal
ramifications of copyright law for photographers.
Copyright Law for Photographers
Prior
to April 1989, any original work created privately was not copyrighted
unless it clearly had a copyright notice such as the © symbol, digital
watermark, or any other sort of notice identifying the work as
copyrighted material.
This changed on April 1, 1989 after the enactment
of the Berne copyright law. Since then, original work, including
photographs, is automatically protected from copyright violation, and
use of such work is prohibited unless permission is granted by its
creator. This made copyright for photographers much, much simpler.
While
it is not necessary for photographers to file any paperwork for their
work to be copyrighted, it may not be a bad idea to do so. Having your work copyrighted can get you compensatory
and punitive damages in the event of infringement.
How to Copyright Photographs
In the Unites States, photography copyrights can be registered with the U.S. Copyright Office. Forms can be found at their website, which explains in greater detail how to copyright photographs.
The registration will depend upon whether or not your photos have been
published; unpublished work is granted the strongest protection and can
easily be filed, published work, on the other hand, requires somewhat of
a longer process and will depend on the date of publication.
Filing
paperwork for published work falls into 4 categories; photographs that have
been published within the last 90 days, work published after 1989, work
published prior to 1989 but after 1978, and lastly, work that was
published before 1978. The laws governing photography copyright filing will depend
on the category that your published work falls into.
A Simpler Approach? Watermark Your Photos
Since copyright law for photographers may seem daunting, and
copyright notices are not necessary for your photos to be copyrighted,
it is a good idea to place some sort of notice on your pictures in
order to, at least, deter theft. Watermarking your photos, for instance,
is important in that it lets people know that the photographs are not
to be used unless permission or license is granted by you personally.
Unlike
professional publishers who know not to use another photographer's work
and are happy to pay for it, a lot of times, people simply are not
aware that they are infringing on copyright and end up plastering your
work on their websites. A watermarked photo will not only let potential
unauthorized users know that it's prohibited, but in the event they do,
their readers will know who the rightful owner of the photographs is.
Part
of being a professional photographer is running a business. Many
photographers admit that the photography part of the business only
accounts for a percentage of all that's involved, a lot of the time is
spent on other facets of the business such the administrative, sales,
and management aspects. Part of that time should be spent on finding out
and understanding how to protect your work.