Understanding Copyrights and Fair Use

Understanding Copyrights and Fair Use

Understanding Copyrights

  • Copyright is a legal right that grants the creator of an original work exclusive control over its use and distribution.
  • Typically, photographers own the copyright to their photos from the moment they are taken.
  • Copyright law aims to protect the economic value of works, fostering creativity and innovation.
  • In the UK, copyright is automatically granted to a piece of work - there is no need for registration. The copyright lasts for the creator’s life plus 70 years after their death.
  • Using, distributing or copying copyrighted work without the permission, license or exception set out by law, constitutes copyright infringement.
  • Examples of copyright infringement include using a photo in a blog post without permission, reproducing it for commercial use, or distributing it on social media without the copyright owner’s consent.
  • Penalties for copyright infringement could include damages and legal costs.

Fair Use

  • Fair Use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted works for purposes of commentary, criticism, or parody.
  • Identifying fair use involves considering the nature of the copyrighted work, the amount and substantiality used, and the impact of the use on the market for the original work.
  • Examples of fair use may include quotation of excerpts, criticism or review, news reporting, educational use, and parody.
  • Model releases are important for photographers. They are agreements in which the subject of a photograph grants permission to use or publish the photo in one form or another.
  • Be cautious when taking pictures of trademarks, private buildings, or people who have not given consent. Get permission when necessary.
  • In photography, you need to be particularly mindful of works created by others appearing in your work — something that could potentially infringe on their copyright.
  • In the event that permission is not obtained or the purpose doesn’t qualify as fair use, a photo could be subject to claims of copyright infringement.