Photography: Who Owns the Copyright?

While it only really affects those who have been professionally commissioned, copyright can be a confusing minefield for any photographer. Who has the rights to the image? Legally, the copyright of any idea belongs to the person whose skill, ability and work went into creating the copyrighted work. There is no copyright in an idea only in how it is presented, for example, a clown logo outside a fast-food restaurant isn't in breach of a copyright. But, if that clown bears an overdue resemblance to a certain Ronald Macdonald, you may have one of the world's largest corporations knocking on your door. While this may not affect photographers it is good to bear in mind whether you think someone has plagiarised your work. In photography copyright, the 1 August 1989 is a key date to remember. On this date, the Copyright, Designs and Patents Act 1988 came into force. Before this date, who ever commissioned the photograph owned the full copyright to the image. After this date, the photographer or their employee owns the copyright to the image, unless otherwise stated in the contract. While the people in the photograph may not own the copyright, they do have legal moral rights for the redistribution of their image. So, for example, if you want to create a new portfolio of your work or a new advertising campaign, you would need permission from the people who commissioned you to take the picture, or you may be liable fo
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