In the US, copyright automatically applies to photographs and other works upon creation, but formal registration is encouraged for more rights. Ownership of a photograph does not equal ownership of its copyright. Registration requires an application and proof of ownership. The Berne Convention allows for international recognition of copyrights.
In the United States, copyright automatically applies to nearly all works, including photographs, the moment the work is created. The law automatically grants copyright privileges to the creator or author of any composition, work, or collection that is, in the words of the US Copyright Act, “fixed in a tangible medium.” This language is widely interpreted to include both digital and paper photographs and negatives. Consequently, there is nothing a photographer needs to do to copyright a photograph; once he gets it, the copyright in it sticks to him, at least in the US. However, the United States Copyright Office encourages formal registration, which is easily obtainable and can grant you far more rights than automatic copyright alone.
The registration serves to verify that the photograph is original and that the rights belong, in fact, to the applicant. When a photograph is registered for copyright, a public record is made of its existence and its creator. If the photo is ever used by another person, or if someone else claims to be the rightful owner, the copyright registration is evidence that can be used in a copyright infringement suit. Registration also gives the registrant the ability to collect significantly more damages in an infringement suit than they could if the work were not registered. Usually only the photographer, or in some cases the photographer’s employer, can register a photograph for copyright.
It is important to note that owning a photograph is different from owning the rights to a photograph and ownership is not sufficient to copyright a photograph. The copyright privileges you attach to photographs protect the underlying creativity and originality of the photos, which is an intellectual property right distinct from ownership. A wedding photographer, for example, owns the copyright and can register all photos taken at a wedding. The bride and groom may receive a limited release to use and reproduce the images, but generally do not own the copyright and would not be eligible to register any of the photos for copyright protection.
Once it’s established that an applicant owns the intellectual property rights to the photo, registering that photo for copyright protection is fairly straightforward. The applicant must first complete an application form, available in hard copy at the United States Copyright Office in Washington, DC, or online at the Copyright Office’s website. The applicant must attach a copy of the photograph, as well as information on when the photo was taken and the circumstances of its creation. A copyright officer will review the application and, if approved, issue a certificate of registration.
Even though photos, especially digital images, are commonly used and distributed around the world, most of the time you only need to copyright a photograph in one country. Copyright laws vary from country to country, and registration requirements vary by location. Many countries have made it easier to enforce copyright internationally by signing the Berne Convention for the Protection of Literary and Artistic Works, a treaty that allows copyright holders equal treatment for their rights across borders .
As of 2010, there were 164 signatory countries to the Bern Convention, including the United States, Canada, Australia, and all European Union countries. The convention requires that any copyright recognized by one signatory country be recognized in all others. In practice, this means that if you were to copyright a photograph in the United States, either by taking the photo there and obtaining an automatic copyright or formally registering it there, you could enforce those rights against misuse of the photo in any country. signer . To facilitate enforcement, most countries recommend that content creators formally register their works with their national governments, even if copyright privileges are automatically attached.
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