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Here is some general, yet important, information about photographic copyright that you should know. For specific copyright information about photos taken by Table Top Photossm, please see the Terms page.
Q. Who owns the copyright on photographs, prints, negatives, transparencies, slides, images in electronic format (such as JPG or TIFF or PNG), etc.?
A. Under current U.S.A. copyright law, it is the photographer who “owns” the copyright on any images (in any photographic or electronic form) they have created, with the following two exceptions:
- If the photographer is an employee of the company the photos are taken for, or if the photographer is an employee of a company instructed to take the photos, then the photographer is acting on behalf of their employer, and the company the photographer works for owns the copyright.
- If there is an agreement (preferably written) that transfers the copyright ownership to another party.
In all other cases, the photographer retains the copyright.
If the photographer has been paid for their work, the payment is considered to be for the photographer’s time and (typically) a specified number of “prints” or other media, but not the copyright of the images. The copyright of the images remains with the photographer, and therefore any reproduction of the images, including posting on a web site or having copies made at an in-store photo kiosk or center, without prior (and preferably written) permission of the photographer would be a violation of copyright.
Examples:
- If you hire John Jones the photographer, to photograph your wedding and reception, John Jones will give you a specified number of photos, and/or a specified number of copies each photo, as part of the fee. Any additional copies that you or your family and friends want must be ordered from John Jones, as John Jones is the copyright owner and controls who can copy his work.
- If you hire the services of “John Jones Photography Studio” to photograph your wedding and reception, and if Susan Smith is an employee of “John Jones Photography Studio” who then instructs Susan to take the photos, then “John Jones Photography Studio” is the copyright owner and controls how the images are used.
Here is an important point to remember:
The copyright owner has no obligation to allow you to use their work, can set any price for the use of their work, can set any terms or conditions of use, and can for any reason refuse permission to use their work, except as specified in the original or amended contract.
DISCLAIMER.
The above is just a summary and overview of some of the legalities of photographic copyright. It is not to be taken as authoritative. Consult an attorney qualified in copyright law for the latest information.
revised: September 17, 2007
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