A little ditty about copyright…
We get asked about copyright laws all the time. When the issue comes up, it seems as though many are confused, although they are aware to some degree or another that copyright laws exist and apply to their portraits. All images photographed by The Studio are subject to those laws. No images can be duplicated in any way, shape or form without our written consent-even once a portrait is purchased.
You might ask, what is a copyright exactly? According to PPA (Professional Photographers of America) “a copyright gives its owner the right to copy, distribute, publicly display or create derivative works from the original work. A copyright also gives its owner the right to license those rights to others.”
Copyright laws allow the artist to maintain a high level of control over the quality of each image that is reproduced. Say, you came to The Studio for your senior portraits, bought a package and we provided you with prints. You might think this makes you the owner. Even though you bought the portraits, paid for them, and they are tangibly in your hands, the copyright on the image remains with us, the creator. The moment the image is created in a digital (or film) format, the copyright belongs to its creator (the photographer).You probably know that copyright applies to more than just photography. It spreads into all other media forms including, but not limited to, music, motion pictures, magazines, books, choreography, and sculptures.
Copyright has a very long expiration date. Current laws indicate that, the copyright lifetime is the lifetime of the creator plus 95 years. So it doesn’t matter if you got your picture taken at The Studio or any studio for that matter yesterday or 40 years ago, it is still illegal to make a copy of any image without the written, signed consent of the creator.
Duplication in any way, shape or form is illegal. The following are some ways that violate copyright laws.
- Photocopying an image.
- Having a copy made at a retail photo center (Walgreens, Target, Walmart, May’s Photo)
- Scanning an image onto your computer.
- Scanning and posting your image onto Facebook, MySpace, Flickr, personal blogs or other online social networks. [Note: The Studio will gladly help you post your purchased images at no cost to you. Ask for details.]
- Scanning and using the image for greeting cards or announcements of any kind.
- Scanning an image for digital photo albums or scrapbooks.
- Scanning an image and using them in any publication such as a flyer, brochure, pamphlet, newspaper, magazine, poster or advertisement.
- Cropping out the photographer’s or the studio’s logo for any of the above violations.
If you aren’t sure, ASK the artist for permission. Asking will not always guarantee that the artist will agree, but they will most likely be willing to work with you and find a solution so that no rules are broken.
The second part of PPA’s definition states; “A copyright also gives its owner the right to license those rights to others.” A creator can give permission for other specified people to use their photographs in a legal way. Each artist will deal with this in his or her own way. In one example, a wedding photographer might offer to sell a bride and groom a CD full of images, they will just have to pay a set price for the rights, but it would allow them the duplicate and reproduce the images without having to consult the photographer first.
The cost and the penalties for copyright infringement are high. Attorney and court charges alone will be a wallet buster and if found guilty in court, we think you’ll agree that it’s not worth the risk. The Studio is covered and backed by PPA copyright attorneys.
Please call The Studio at 608.782.1080 or email us at thestudioonmain@centurytel.net if you have any further questions about copyright laws or wish to properly use a photograph that we have taken.
