Did you know scanning a photo and posting it to the internet is illegal? Did you know copying an image from the internet and using it as your screen image is illegal? Are you familiar with copyright laws?
Copyright laws started in early eighteen hundred with Charles II of England. He was concerned by the unregulated copying of books and passed the Licensing Act of 1662 by Act of Parliament. The laws granted authors the right to benefit financially from the work, and the right to control the work, such as ensuring that the integrity of it is preserved. And so it is today.
The Copyright clause of the United States Constitution (1787) authorized copyright legislation: “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” So by guaranteeing authors and inventors a period of time in which they alone could profit from their works, they would be enabled and encouraged to invest the time required to create them, and this would be good for society as a whole.
Copyright does not cover ideas and information, only the form or manner in which they are expressed such as poems, theses, plays, movies, dances, musical compositions, paintings, drawings, sculptures, photographs, software, radio and television broadcasts.
In a nutshell, the originator of the work has the “exclusive right” to copy or allow to copy. Meaning others are prohibited from using the work without the holders permission.
A copyright may be assigned or transferred. For example, a musician signs an agreement with a record company to transfer all copyright in the recordings in exchange for royalties and other considerations. The creator (and original copyright holder) benefits from production and marketing.
Another example is software: the buyer is purchasing a license (EULA, end-user license agreement) which grants permission to use the software.
How does this pertain to photography?
Copyright belongs to the photographer who is the creator and owner of the image. “Copyright protection subsists from the time the work is created in fixed form (click of the shutter, transfer to memory card). The copyright becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.” [reference: http://www.copyright.gov/circs/circ1.html#wci]
Ownership of an image does not give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright.
Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.
Before you copy just about anything, ask for permission. You may have to pay a license fee or royalties, but if you like the work enough to want it, doesn’t it make sense to compensate the creator for his efforts?
Till next time,
Judy