3.2 Understanding copyright laws and licensing

Copyright laws and licensing are crucial for photojournalists to understand. They protect creative work and determine how images can be used. Knowing these rules helps photographers safeguard their own photos and avoid infringing on others' rights.

Photojournalists must navigate various licensing options, from rights-managed to Creative Commons. They also need to know how to protect their intellectual property through registration, metadata, and watermarks. Understanding fair use and obtaining proper permissions is essential for ethical practice.

Copyright Law in Photojournalism

Basics of Copyright Protection

Top images from around the web for Basics of Copyright Protection

• 

  Copyright Basics - Copyright Information - LibGuides at McHenry County College View original

  Is this image relevant?

• 

  Copyright Registration and Recordation 101 | Authors Alliance View original

  Is this image relevant?

• 

  Copyright Protection - Free of Charge Creative Commons Legal Engraved image View original

  Is this image relevant?

• 

  Copyright Basics - Copyright Information - LibGuides at McHenry County College View original

  Is this image relevant?

• 

  Copyright Registration and Recordation 101 | Authors Alliance View original

  Is this image relevant?

1 of 3

Top images from around the web for Basics of Copyright Protection

• 

  Copyright Basics - Copyright Information - LibGuides at McHenry County College View original

  Is this image relevant?

• 

  Copyright Registration and Recordation 101 | Authors Alliance View original

  Is this image relevant?

• 

  Copyright Protection - Free of Charge Creative Commons Legal Engraved image View original

  Is this image relevant?

• 

  Copyright Basics - Copyright Information - LibGuides at McHenry County College View original

  Is this image relevant?

• 

  Copyright Registration and Recordation 101 | Authors Alliance View original

  Is this image relevant?

1 of 3

• Copyright is a form of intellectual property protection that grants the creator of an original work exclusive rights to its use and distribution for a limited time period
• Copyright protection is automatically granted to original photographic works at the moment of creation, regardless of whether a copyright notice is displayed
  • However, registration with the U.S. Copyright Office provides additional benefits (ability to sue for infringement, recover statutory damages and attorney's fees)
• Works created by U.S. federal government employees as part of their official duties are in the public domain and not subject to copyright protection

Rights of Copyright Owners and Fair Use

• Copyright owners have the exclusive right to reproduce, distribute, display, and create derivative works based on their photographs
  • Unauthorized use of copyrighted photographs constitutes infringement
• The doctrine of fair use allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research
  • Fair use is based on four factors: purpose and character of the use, nature of the copyrighted work, amount and substantiality of the portion used, and effect of the use upon the potential market
  • Examples of fair use: quoting excerpts in a review, using images for educational purposes in a classroom setting

Licensing Options for Photos

Types of Licenses

• Rights-managed licenses grant specific usage rights for a photograph, such as the purpose, medium, duration, and geographic location
  • Fees are typically based on the scope of use
  • Example: licensing a photo for one-time use in a print magazine advertisement in North America
• Royalty-free licenses allow multiple uses of a photograph for a one-time fee, with some restrictions on use, such as resale or use in derivative works
• Creative Commons licenses allow creators to grant public permission to use their works under certain conditions, such as attribution, non-commercial use, no derivatives, or share-alike
  • Example: using a Creative Commons-licensed photo with attribution for a non-commercial blog post

Exclusive and Non-Exclusive Licenses

• Exclusive licenses grant the licensee the sole right to use the photograph, preventing others (including the copyright owner) from using it for the duration of the license
• Non-exclusive licenses allow multiple parties to use the photograph concurrently, with the copyright owner retaining the right to use the work and grant additional licenses
  • Example: a photographer granting non-exclusive licenses for a stock photo to multiple buyers

Protecting Intellectual Property Rights

Copyright Registration and Metadata

• Register copyrights for important photographic works with the U.S. Copyright Office to establish a public record of ownership and secure additional legal benefits
• Use metadata, such as IPTC (International Press Telecommunications Council) fields, to embed copyright information, creator details, and licensing terms within digital photograph files
  • Example: adding copyright notice, photographer name, and contact information to IPTC metadata fields

Watermarks and Monitoring Infringement

• Apply watermarks to digital photographs displayed online to deter unauthorized use and make it easier to track infringement
  • Example: placing a semi-transparent logo or text overlay on images before uploading to a website
• Utilize reverse image search tools to discover unauthorized use of photographs online and take appropriate action, such as sending takedown notices under the Digital Millennium Copyright Act (DMCA)

Educating Others on Copyright

• Educate clients and the public about copyright, licensing, and the importance of respecting intellectual property rights to create a culture of compliance and fair compensation for creators
  • Example: including a brief explanation of copyright and licensing terms in client contracts or on a photographer's website

Using Copyrighted Materials

Obtaining Permission and Fair Use

• Obtain permission from copyright owners before using third-party photographs or other copyrighted materials in photojournalistic projects, unless the use qualifies as fair use or the works are in the public domain
• When using photographs under fair use, ensure that the use aligns with the four factors outlined in copyright law and be prepared to justify the use if challenged
  • Example: using a low-resolution, cropped portion of a copyrighted photo in a news article for commentary purposes

Attribution and Additional Considerations

• Properly attribute copyrighted materials used in photojournalistic projects, providing credit to the creator and indicating any applicable license terms
• Be aware of additional considerations when using photographs of people, such as the need to obtain model releases for commercial or advertising purposes, and respect privacy rights when photographing in public spaces
  • Example: obtaining a signed model release from a recognizable subject before using their photo in a commercial ad campaign
• Understand the implications of using Creative Commons-licensed materials, which may have specific requirements, such as attribution or share-alike provisions, that must be followed to comply with the license terms
  • Example: when using a Creative Commons-licensed photo, providing attribution to the creator and licensing subsequent derivative works under the same license terms