Does a Photographer Have Copyright?

The Basics of Copyright

By international law, as defined by the Berne Convention, all original creative works are automatically copyrighted by their creator the moment they are fixed in a medium. This applies to a wide range of content including books, songs, paintings, and photographs. The creator of a creative work has the exclusive right to make copies of that work and authorize others to do the same.

If someone puts a lot of time, effort, and expense into creating a novel, song, painting, or photograph, would they want someone else to use it without compensation? The answer is almost universally no. This is why photographers and other creators register and uphold their copyright.

The Protection of Creative Works

Countries around the world uphold the belief that creators should have exclusive rights to their works. This includes the right to copy, distribute, exhibit, and perform their works. These rights allow creators to earn a living from their work and protect the value of their creations by controlling who else can use them.

Protection for photographers' works begins the moment they take a photo. This legal protection is automatic and does not require registration in most cases. The primary exception to this is when the photographer is working under a "work for hire" agreement, in which the owner of the equipment and the direction of the photos is specified beforehand.

International Standard and Legal Protection

The international standard for intellectual and copyright material states that the photographer is the owner of the copyright for a period up to 75 years after their death. In the UK, this is enshrined in the Copyrights, Designs, and Patents Act 1998. This means that the photographer's works are protected long after their death.

In the United States, the copyright protection extends to the life of the author/artist plus 70 years after their death. There is no international copyright law, but countries have agreed to honor each other's laws, creating a unified approach to cross-border copyright protection.

Understanding that all original creative works are copyrighted and knowing when exceptions to this rule apply is crucial for photographers and other artists. This legal framework ensures that creators can enjoy the rights and benefits that come with owning their creative property.