Photo copyright: how to protect your photos?

In a world oversaturated with visual content, copyright in photographs takes on a special significance. Every snap of a moment captured on a camera is not just an image, but the result of creative work, a unique vision of the world embodied by the photographer. Your photographs are your intellectual property, as valuable as, say, an artist’s painting or a composer’s piece of music. And, of course, it needs to be protected.

But frankly speaking, not all photographers realise the value of their work and the importance of legal protection. Sometimes it seems that copying a photo from the Internet is as easy as taking a screenshot. But it isn’t. Behind every picture is an author who has certain rights. And we will talk about these rights today.

This article will be your guide to the world of photo copyright. We will look at what kind of photos are protected by law, what rights the photographer has, how to protect these rights and what to do if they are infringed. The information, presented in simple and clear language, will be useful for both beginner photographers and professionals who want to secure their creativity. So get ready to learn all about photo copyright and protecting your intellectual property!

Section I: Which photos are protected by copyright?

Before we dive into the world of legal intricacies, let’s get to the heart of the matter: Which photos are protected by copyright? Does every photo taken on a phone automatically become an intellectual property object? Is there a difference between a professional photo and amateur selfies? Not everything is as clear-cut as it may seem at first glance.

In this section, we will look in detail at what photographic works are considered original and subject to legal protection. We will find out what copyright on photographs is from the point of view of the law. We will talk about rights of a photographer and how to distinguish a creative work from a mere mechanical reproduction of reality. We will also touch upon the issues of neighbouring rights that may arise in connection with the creation and use of photographs.

So, if you want to understand which of your photographs are legally enforceable and how to protect them properly, read on.

Subsection 1.1: Original Photographic Works

The Law of Ukraine “On Copyright and Related Rights” clearly defines that original photographic works are protected bycopyright. But, what is an “original photographic work”? In other words, it is not just a technical fixation of an image, but the result of the photographer’s creative activity.

For a photograph to be considered an object of copyright, it must have signs of originality. This means that the photographer has made a creative contribution to it. This contribution can manifest itself in:

• The choice of subject: An unconventional angle, an interesting composition, the play of light and shadow – all of these make a photograph unique.
• Moment: A well-caught moment can turn an ordinary shot into a masterpiece.
• Photo processing: Using graphic editors to create an artistic effect is also an expression of creativity.

Original photographic works can be very diverse:

• Artistic photographs: Staged shots, portraits, still lifes, landscapes – anything that carries aesthetic value and is the result of the photographer’s creative expression.
• Documentary photographs: Photographs that record real events but are taken from the photographer’s unique point of view.
• Reportage photography: On-the-spot photographs that capture the atmosphere and emotion of an event.
• Aerial and space photography: Images of the earth’s surface taken from aircraft or satellites.

It is important to realise that not every photograph is subject to copyright. For example, a passport photo taken in an automated booth can hardly be considered an original work. Simple copying of another photo also does not create a new object of copyright.

So, the main criterion is the presence of a creative element. If you put your soul into your photos, look for unusual angles, experiment with light and composition, then your photos are original works that are subject to copyright protection. And you, as the author, have all the rights of a photographer, which we will discuss below.

Subsection 1.2: Photographs as objects of neighbouring rights

In addition to copyright, there is such a thing as neighbouring rights. And, strangely enough, photographs can fall under this category as well. What is this beast, these neighbouring rights?

Simply put, neighbouringrights arise from those who are not the author of a work but who contribute to its creation or performance. In the context of photography, this could include, for example, models who participate in a photo shoot.

Let me explain with an example. A photographer organises a photo shoot with a model. He creates original photographic works, and he owns copyright on the photos. But the model also contributes – she poses, creates a certain image, uses her appearance to fulfil the photographer’s intention. And this is where the model’srelated performancerights come into play.

Of course, not everything is so simple, and there are many nuances. For example, if there is a contract between the photographer and the model, in which all the rights and obligations of the parties are stipulated, then the issue of neighbouring rights is resolved in accordance with this contract.

But in any case, it is worth remembering that a photograph is not always only an object of copyright. Sometimes it may be connected with the neighbouring rights of other persons. And this is another argument in favour of thoroughly studying the legislation and being attentive to formalising relationships with all participants in the creative process.

Section II: Photographer’s Rights

So, we’ve established which photos are copyrighted, and now we get to the most important part – your rights as a photographer. What can you do with your photos? How can you protect your creativity from illegal use? What leverage do you have in your hands when it comes to photo copyright?

That’s what we’ll talk about in the second section. You will learn what it means to be the author of a photographic work from a legal point of view. We will look at the whole range of rights that a photographer has, from the right to recognise authorship to the right to commercially exploit images.

In other words, after reading this section, you will know exactly how the law protects your interests and what actions you can take to prevent your rights as a photographerfrom being infringed . So, arm yourself with knowledge and be prepared to stand up for your creativity!

Subsection 2.1: The right to recognition of authorship

The first and perhaps the most important right you have as a photographer is the right to have your authorship recognised. This means that no one can take credit for your photograph. You and only you are the author of your work, and this right is inviolable and inalienable.

What does this mean in practice?

• Require your name: You have every right to demand that whenever your photograph is used – whether it is published in a magazine or posted on the Internet – your name as the author must be included.
• Prohibit anonymous use: No one may use your photograph anonymously, i.e. without attribution, without your consent.
• Resist attribution: If someone dares to impersonate your photograph, you can defend your authorship in court.

The right to recognition of authorship is the foundation upon which all other rights of a photographer are based . It is your name, your reputation, your right to be recognised as the creator of your photographs. And this right is protected by law. So don’t be afraid to assert it and always demand that your name as the author be included in any use of your work.

Subsection 2.2: The right to inviolability of a work

The next important right we will talk about is the right to inviolability of the work. What does this mean? It is your right as a photographer to prohibit any alteration or distortion of your photograph that may harm your honour and reputation.

In other words, no one has the right without your permission:

• Frame your photo in a way that changes its meaning or artistic intent.
• Retouch it, add or remove elements, change colours.
• Use parts of your photograph to create collages or other derivative works.
• Distort the photograph in any other way that may adversely affect your perception as the author.

The right to inviolability of a work is closely related to the right of authorship. It protects not only the photograph itself, but also your authorial style, your vision, your reputation. For example, imagine a situation: someone takes your photo, removes important details from it, changes the colour scheme and submits it to a contest under their own name. This is not only a violation of your right to authorship, but also an infringement on the inviolability of your work.

Therefore, if you encounter such situations, you should not ignore them. You have every right to protect your photos from any unauthorised changes and distortions. And remember: photo protection is not only about protecting your images, but also about protecting your creative individuality.

Subsection 2.3: Right of reproduction

Let’s move on to the next important right – the right of reproduction. This means that only you, as the author of the photograph, have the exclusive right to make copies of your images in any form or by any means.

So what is considered reproduction? Here are some examples:

• Photo printing: Producing photos on paper, canvas or any other material, whether at home or in a professional photo lab.
• Copying to electronic media: Recording photos to a hard drive, flash drive, CD/DVD disc, memory card, and the like. Even simply copying a file from one computer to another is already a playback.
• Posting on the Internet: Uploading photos to websites, social media, photo banks, cloud storage and other online resources. This is also considered reproduction, as it creates a digital copy of your photo available for others to view.
• Creating derivative works: For example, using your photograph as part of a collage or other visual work where it will be combined with other images.

Reproduction rights gives you complete control over how, where and how many copies of your photos are made. You can print your images yourself, sell them as digital files, publish them on the Internet, or generally prohibit any copying of your work without your permission.

If someone makes copies of your photos without your permission, it is a violation of your right to reproduce. And you can demand that such actions be stopped and damages be paid. This applies not only to commercial use, but also to personal use. For example, if someone downloads your photo from the Internet and prints it out for themselves without your permission, this is also an infringement.

So always keep an eye on how your work is used and do not allow others to infringe your rights to protectyour photos. The right of reproduction is one of the key tools that allows you to control the fate of your works and derive not only moral but also material satisfaction from them.

Subsection 2.4: Right of distribution

Following the right of reproduction comes the equally important right to distribute copies of your photographs. What does this mean? You, as the author, have the exclusive right to decide how and to whom your images will be distributed.

How does this work in practice? Here are a few options:

• Selling your photos: You can sell your printed photos or digital files through galleries, photo banks, online shops, or directly to customers.
• Gifting: You have the right to gift your photos to anyone, whether they are printed copies or digital files.
• Public distribution: For example, you can hand out leaflets or booklets with your photos at exhibitions, presentations or other public events.
• Online access: You can create your own website where you sell access to your photographs, or use platforms to sell your photographs online.

It is important to realise that the right to distribute relates specifically to copies of photographs, i.e. the tangible media on which the image is fixed. The sale of a copy of a photograph does not transfer copyright in it. The buyer may own that particular copy, but may not make copies of the photograph or distribute it further without your permission.

You should also distinguish between distribution and public display. The latter will be discussed in the next subsection. In the meantime, remember: the right to distribute gives you the opportunity to control the circulation of copies of your photographs and to earn income from it. It is an important tool for commercialising your work and protecting your economic interests as a photographer.

Subsection 2.5: Right of public display

Last but not least on our list is the right of public display. What is meant by this term? It is your right as a photographer to allow or prohibit the public display of your work.

What is considered public display? Let’s look at some examples:

• Exhibitions: Displaying photographs in galleries, museums, exhibition halls and other similar venues.
• Presentations: Displaying photographs on screen during lectures, seminars, conferences, etc.
• Internet publishing: Posting photographs on websites, blogs, social media – where they can be seen by a wide audience.
• Display on screens: Showing your photos on large screens in public places such as squares, shopping centres, and concerts.

The right of public display gives you control over where, when and how your photographs are displayed publicly. You can authorise exhibitions of your work, participate in various photographic projects, agree to have your photographs published on the Internet or, alternatively, prohibit any public display of your images.

It is important to distinguish the right of public display from the right of distribution. Public display is the exhibition of a photograph to an unspecified number of people, whereas distribution involves the transfer of copies of the photograph to others for ownership or use.

This right is especially relevant in the digital age, when photographs are easily distributed on the Internet. With right of public display you can control the presence of your work in the digital space and protect it from unauthorised use. Remember that every photograph you take is part of your creative reputation, and you have every right to determine how and where it is presented to the public.

Section III: How do I protect my rights in my photographs?

Knowing your rights is the first step to success. But knowledge without action does not bring the desired result. So in this section, we’ll move from theory to practice and talk about concrete actions that will help you protect your copyrighted photos.

We will look at different ways to protect yourself, from simple preventative measures such as using the copyright mark correctly to more complex ones such as copyright registration. You will learn how to properly format your images so that you have strong evidence of your authorship in the event of a dispute.

In other words, this section will be your practical guide to protectingyour photos. By following the guidelines outlined here, you can minimise the risks of your work being used illegally and preserve your creative legacy for yourself and your descendants.

Subsection 3.1: Using the © mark and the author’s name

One of the simplest, yet most effective ways to protect your copyright in your photos is to use the copyright mark, or copyright (©). This little badge can be your trusty shield in the fight for your rights.

What do you need to do?

1. Place the © symbol on each photo. You can do this in a graphic editor by adding the symbol to the image.
2. Include your name or pseudonym: After the © symbol, write the name or pseudonym under which you publish your work.
3. Include the year the photo was first published. This will help you determine when your copyright in the photo originated.

An example of proper formatting:

© Peter Ivanenko, 2023

Where to place the © sign?

• On the photo itself: Usually the © sign and the author’s name are placed in the corner of the image, so as not to interfere with the perception of the photo, but at the same time to clearly indicate your authorship.
• In the metadata of the photo: Modern cameras and graphic editors allow you to add information about the author and copyright in the metadata of the file. This is invisible to the average viewer, but very useful from the point of view of rights protection.

Why is it necessary?

• Copyright warning: The © symbol makes it clear that the photo is copyrighted and may not be used without the author’s permission.
• Proof of authorship: In the event of a dispute, having the © symbol and your name on the photo will be strong proof of your authorship.
• Easier identification of the author: If someone wants to use your photo legally, it will be easier for them to find you and get permission.

Using the © mark is a simple but effective way to protect your photos. Don’t neglect it, and you will make life much more difficult for those who would want to make illegal use of your work.

Subsection 3.2: Copyright registration

Although copyright on photographs arises automatically from the moment they are created, there is an additional step to enhance protection – copyright registration. So what does this procedure offer and is it worth using?

Advantages of registration:

• Official document: You receive a state-issued copyright registration certificate, which is an official confirmation of your authorship.
• Additional proof in court: In the event of a dispute, the registration certificate will be strong evidence in your favour. This will greatly simplify the procedure of defending your rights in court.
• Possibility to claim compensation: Copyright registration gives you the right to demand from the infringer not only to stop illegal use of your photos, but also to pay monetary compensation.
• Valid in other countries: A certificate of registration issued in Ukraine is recognised in most countries of the world in accordance with the Berne Convention for the Protection of Literary and Artistic Works.

How does registration take place?

1. Preparation of documents: You will need to fill in a prescribed application form, pay the state fee and provide a copy of a photograph.
2. Submission of documents to UKRNOIVI: This can be done in person or through a representative.
3. Obtaining a certificate: In case of a favourable decision, you will receive a certificate of copyright registration for your photograph.

Although copyright registration is not mandatory, it can be an additional tool to protect your photos. This is especially true for professional photographers who earn money from their work and want to protect themselves as much as possible from possible infringements.

Subsection 3.3: Storage of original files

An important element in protecting your photos is to keep the original files, that is, the original files that were created directly by the camera. Why is this important?

• Proof of authorship: Original files, especially RAW files, contain unique information about the photo: date and time of creation, camera model, shooting settings, and the like. This information can serve as irrefutable proof of your authorship in the event of a dispute.
• Proof of originality: RAW files are uncompressed and retain as much information about the image as possible. This allows you to distinguish an original photo from an edited copy.
• Restorable: Even if a photo has been damaged or edited, having the original file allows you to restore it to its original appearance.

Where and how do I store the original files?

• Reliable storage media: Use external hard drives, SSD drives, or cloud storage with a high level of data protection.
• Backup: Make regular backups of your original files to protect them from loss in the event of hardware failure or other unforeseen circumstances.
• Organisation: Create a clear system for organising your files so that you can quickly find the shot you need when you need it. Use folders, file names and tags for easy retrieval.

Keeping your source files may seem like a trivial tip, but don’t neglect it. It’s like an insurance policy for your photos. In case of conflict situations related to copyright, it is the original files that can become your main trump card. So take this issue seriously and make sure your RAW files are safely stored. It’s your investment in photo protection and a secure future.

Subsection 3.4: Using watermarks

Another way to protect your photos from unauthorised use is to watermark them. What is it? Awatermark is a translucent image or text that is superimposed on top of a photo.

What are the benefits of using watermarks?

• Prevention of theft: A watermark makes it more difficult to illegally use a photo because it makes the image less attractive to copy.
• Author Identification: A watermark with your name or logo clearly indicates who the author of the photo is.
• Brand promotion: For professional photographers, a watermark can serve as an additional branding and advertising tool.

What are the disadvantages of watermarks?

• Deterioration of aesthetics: Some people believe that watermarks spoil the appearance of a photo and interfere with its perception.
• Not an absolute guarantee: Experienced graphic editor users can remove a watermark from a photo, although it does require some effort.

How to make a watermark?

• Use graphic editors: Programs such as Adobe Photoshop or GIMP allow you to create and watermark photos.
• Online services: There are many online services that make it quick and easy to create a watermark and add it to a photo.

How should the watermark be?

• Translucent: The watermark should not be too bright and distract from the photo itself.
• Readable: If you use text, make sure it is easy to read.
• Strategically placed: Place the watermark in such a way that it is difficult to remove without damaging important parts of the image. Often placed in the centre, or make the text transparent across the entire plane of the photo.

Whether or not to use watermarks is up to you. Weigh the pros and cons, take into account the specifics of your business and make an informed choice. The main thing is to remember that this is only one of the tools to protect your photos, and it should be used in combination with other methods we have discussed earlier.

Section IV: What to do in case of copyright infringement?

Unfortunately, even the most careful photo protectionmeasures cannot always guarantee absolute protection from unscrupulous users. That is why it is important to know what to do if your copyrights to yourphotos have been infringed.

In this section we will consider the algorithm of actions in a situation when you have discovered the fact of illegal use of your photos. We will find out how to find photo theft, how to act when the offender is discovered, what pre-trial methods are available to resolve the dispute and when it is worth going to court.

In other words, here you will find practical advice on how to protect your rights in real-life situations. Remember: protecting your creativity is not only your right, but also your responsibility. Therefore, be prepared to act decisively and stand up for your interests!

Subsection 4.1: Detecting photo theft

The first step in dealing with copyrightinfringers is identifying photo theft itself . So how do you know if your photos are being used illegally?

Here are a few ways:

• Google reverse image search: This tool allows you to find where else on the Internet your photo has been published. Simply upload your photo to the search and the system will show you the sites where it occurs.
• Specialised monitoring services: There are online services, such as TinEye or Pixsy, that monitor the use of your photos online and notify you of matches.
• Social media monitoring: Review popular social media sites for illegal use of your photos. Look out for groups and communities where your photos may be posted without permission.
• Reports from well-wishers: Sometimes a stolen photo can be reported to you by friends, acquaintances or colleagues who happen to stumble across it online or in print media.

What to look out for:

• No credit: If your photo is used without your name or pseudonym, this is a clear sign of copyright infringement.
• Unauthorised publication: If you have not given permission for your photograph to be used on a particular resource, this is an infringement.
• Commercial use without a licence: If someone uses your photo for commercial purposes (e.g. advertising) without obtaining a licence, this is also an offence.

Identifying photo theft is only the first step. But the further development of events depends on how quickly and correctly you react. So don’t ignore suspicious cases and move on to the next stage – pre-trial dispute resolution.

Section 4.2: Pre-trial Dispute Resolution

If you discover that your photograph is being used illegally, don’t rush straight to court. Sometimes the problem can be resolved amicably, and this is called pre-trial dispute resolution.

What can you do?

1. Contact the infringer: Write a letter (email or letter) to the infringer demanding that they stop using your photo illegally. State your claim clearly and reasonably, citing copyright law.
2. Suggest solutions: Suggest that the infringer either remove the photograph or enter into a licence agreement with you that will allow them to use the photograph legally.
3. Set a time limit for response: Give the infringer a reasonable period of time to comply with your demands. This period is usually between 7 and 14 days.

What are the advantages of pre-trial settlement?

• Saving time and money: Pre-trial settlement avoids lengthy and costly litigation.
• Reputation preservation: Amicable resolution of the conflict helps to preserve business relations and avoid negative publicity.
• Quick resolution: The offender can quickly comply with your demands and stop the illegal use of the photo.

What to do if the offender ignores your demands?

If the infringer does not respond to your letters or refuses to fulfil your demands, it means that pre-trial settlement has failed. In this case, you have no choice but to go to court to protect your copyright.

Remember that pre-trial settlement is not a sign of weakness, but a civilised way of resolving conflicts. Use it to save your time, nerves and money. But be prepared to take stronger action if your rights continue to be violated.

Section 4.3: Going to court

If pre-trial settlement has not yielded results and the infringer continues to ignore your legal demands, it is time for more decisive action. The last instance in the defence of your copyright is an appeal to the court.

What does it take to go to court?

1. Gather evidence:
   • Proof of your authorship: Copyright registration certificate (if available), original photo files, publications with your name on them, etc.
   • Evidence of unlawful use: Screenshots of web pages where your photo was posted without authorisation, printed publications with illegally used photos, photographic or video evidence of infringement, etc.
   • Evidence of attempts at pre-trial settlement: Copies of letters sent to the infringer with return receipt requested.
2. Draft a statement of claim: The statement of claim should clearly state the essence of the infringement, your claims against the defendant (infringer), as well as attach all the collected evidence. We recommend that you contact a lawyer who specialises in copyright law to draw up a competent statement of claim.
3. Pay the court fee: The amount of the court fee depends on the value of the claim, i.e. the amount of compensation you claim from the infringer.
4. File a statement of claim with the court: The statement of claim is filed with the court at the place of registration of the defendant or at the place where the offence was committed.

What can be demanded in court?

• Stop infringement: The court can order the infringer to stop using your photograph illegally.
• Seizure of infringing copies: The court may order the seizure of all copies containing the illegally reproduced photograph.
• Compensation: You can claim compensation for the material and moral damages you have suffered as a result of copyright infringement.
• Compensation: Even if you are unable to accurately calculate the amount of damage you have suffered, you can claim compensation, the amount of which will be determined by the court.

Going to court is a last resort, but sometimes it is the only way to protect your rights. Don’t be afraid to stand up for your interests, because justice is on your side. The legal process may be long and complicated, but winning in court will not only compensate you for your losses, but also become an important precedent in the field of photo and copyright protection.

Conclusion

Photo copyright is not just a formality, but a real tool to protect your creativity, your vision, your name. Every photograph you take is a unique work that has value and deserves respect.

We’ve covered the basics of copyright law, from which photos are protected by law to what you can do if your rights are infringed. Remember, protecting your intellectual rights starts with you. Use the © mark, save the original files, register your rights if necessary, and be prepared to assert your interests.

Don’t be afraid to be too picky or pushy when it comes to protecting your photos. After all, behind every photo is your hard work, your talent, your creative energy. Don’t let others devalue your creativity. Know your rights, use legal methods of defence and remember – your photos are worth fighting for!

Finally, we would like to remind you that photography is only one of many types of copyrighted works. To learn more about the different objects of copyright and the peculiarities of their protection, we recommend reading the article“Types of copyrighted works“. This will help you expand your knowledge in this area and better understand your rights and opportunities as an author.