Copyright is the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (such as a literary, musical, or artistic work).
In Photography, Copyright is the right of photographers to reproduce, distribute, display, and derive a work based on their original photographs.This helps in the control of how a photographer’s work is used and provides for compensation and credits in cases of unlawful use of their creative works.
Cf. Andy Warhol Foundation v. Goldsmith.
When a photographer takes an Image, they automatically own the copyright to that image. The literal interpretation of this is that, they have the exclusive right to reproduce, distribute, display, and license their work. However, copyright can be a knotty affair, especially in the web era where it is easy for images to be cloned and shared without permission.
In order to protect their work, it is important for photographers to watermark their images, or by adding a copyright notice in the photograph’s metadata. By doing this a photographer legally and officially lays claim to His/Her Images and will be in control of the use of the images.
In 2013,Daniel Morel was awarded $1.2 million in a suit against Getty Images, after the agency pulled his photos from Twitter and distributed them without permission to several major publications
In cases where a photographer's work is used without permission, they have the right to take legal action against the infringing party. This can include issuing a cease and desist letter, legal action for damages, or compensation for the unauthorized use of His/Her work.
It is important for photographers to be aware of their rights under copyright laws and to take steps to protect their work. This includes keeping track of where their images are being used, monitoring for any instances of unauthorized use, and taking action to enforce their rights when necessary.
Conclusively, copyright is conditio sine qua non for protecting the rights of photographers and ensuring that they receive proper recognition and compensation for their work.
It’s up to you to protect your intellectual property, if you don’t, who will?
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