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Photography Copyright FAQ's
  • Who owns the copyright to photographs?
When pictures are taken by a freelance photographer who is hired by a client for a shoot, the photographer owns the copyright to the pictures. When a photographer is a permanent salaried employee of a company, the company generally owns the copyright. Unless other arrangements have been made explicitly and contractually, these are the laws that apply.
  • If a photographer owns the copyright to a picture with a person in it, does that mean he or she can license it for publication wherever he or she pleases?

Two separate issues are at work here. Copyright has nothing to do with model or property releases. Just because someone owns a photograph does not necessarily mean they can publish it wherever they please, especially if a model or other person is in the shot, or the picture was taken on private property.

  • What does it mean when a client wants a "buyout"?

As far as legal and copyright issues are concerned, it means nothing. It is a figure of speech that everyone has a different definition for.

Usually, when a client requests a "buyout", what they really mean is that they want some kind of unrestricted usage. For instance, they may want to use a photograph in a brochure, and then be able to use it in advertising, their web site, or for other commercial use at a later time.

  • Does a photograph have to be registered with the US Copyright Office for it to be copyrighted?

No, it does not. The copyright is automatically granted to the photographer (assuming he or she is a freelancer rather than employee) the instant the image is created. It is from that point on protected by US copyright law from infringement.

  • If an original image is modified a certain amount by another person, does the original copyright owner still own the copyright to the modified image? 

Yes. There is no provision in the copyright law for the protection to go away if the image is modified, no matter how much.

  • If my photography is published in a magazine, brochure, or anywhere else, what do I need to have visible in a copyright notice in order to be protected? 

You are protected by copyright law with or without a visible copyright notice or credit. A copyright notice is merely an extra level of notification to would-be picture thieves. A copyright notice can take the form of: Copyright David Brennan or © David Brennan (make the © by holding the ALT key and typing 0169), and does not have to have the date or year.

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