In this fact sheet, we provide some basic information about copyright as it applies to professional photographs and images created after March 1, 1989. For more complete information on copyright, we urge you to contact the Professional Photographers of America (PPA) at (800) 786-6277. Additional sources of information are listed at the end of this fact sheet.
When are photographs copyrighted? As soon as they are created. (Generally, a professional photograph can easily be identified.)
What is copyright?
The exclusive right to make copies, distribute copies, to publicly display or publish the photograph.
Who owns the copyright to a photographic image?
The photographer who created it, i.e. took the photo.
Copyright to a specific image can be transferred only in writing by the copyright owner.
The sale of a print does not include the copyright to that image.
Do photographs have to be marked with a copyright notice to be protected?
No. Photographs, or images, created after March 1, 1989, are not required to be marked as copyrighted to be protected.
How long does copyright last?
Life of the author (the photographer) plus 50 years. Works made for hire last 75 years from the date of first publication or 100 years, whichever is shorter. For photographs, this generally means when an image was printed, as in developing a print.
What is infringement?
Copying of an image without the permission of the copyright owner. The copying is the infringement. This includes copying using a photocopier, a copy stand or copy station, or scanning into a computer. Anyone who contributes to and benefits from the copying (E.G. – by offering a machine for use) can be held liable as a contributor infringer, subject to all of the remedies provided by the law.
Some copyright law background. The Federal Copyright Law of 1976 (effective in 1978) is the foundation of current copyright law. The United States joined the Berne Convention, a multilateral copyright treaty, on March 1, 1989. This made a number of changes to US copyright law. The most important for photographers is the removal of requiring a notice of copyright to be affixed to photographs.
For more information, we suggest:
The Copyright Office, Library of Congress, Washington D.C., 20559 (202) 707-3000
The Legal Guide for the Visual Artist by Tad Crawford, Allworth Press
Or call Ron Lemerond, WPPA Copyright Chairman, at (920) 428-7708
