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Digital Photography

The page supports the delivery of Digital Photography as a graduate course taught at the University of West Georgia.

Intellectual Property and Images

NOTE:  This page is provide for information purposes and is not to be construed as legal advice. 

Copyright Basics

When Does Copyright Take Effect? Photographs and other media are protected by copyright from the moment they are shot or fixed. Generally, unless the photo or image is work for hire (taken/created within the scope of employment), the person who takes the photo (or creates the image) owns the copyright.  You don't have to register your photos, but doing so allows you to bring an infringement lawsuit in a federal court and sue for certain types of compensation.  

Rights Accorded by Copyright to Creators   

Copyright  is actually a bundle of rights.  It gives owners the exclusive rights to:

  1. reproduce the images
  2. distribute the photos/images (sell or give them away) 
  3. display photos/images publiclyPhoto of copyright by Jon Tyson via Unsplash
  4. adapt (make derivative) photos/images

What Can a Creator License to Others?

Just as with a bundle of sticks, one can break up the bundle and use the individual sticks in different ways. That is also true of rights within copyright. For instance, a photographer may allow someone to download a copy, but not modify that copy or sell it to someone else.  Or, the creator may chose to give a non-exclusive right of publication so that image may appear on the licensee's website while the creator may also give or sell the rights of publishing it to someone else at the same time. The creator can also assign any one or more rights, meaning they transfer that right/combo of rights entirely and no longer can exercise a claim nor prefer the particular exclusive action in relation to the image.    

How Long Does Copyright Protect a Photo or Image?

  • 70 years + life of creator (For jointly created photographs/images the death of the last creator starts the clock).
  • In the case of works for hire, 95 years after publication or 120 after creation
  • Anonymous works, 120 years from creation

Copyright Resources for Photographers