Photographers
In this section you will find user-friendly information sheets and FAQs relevant for Photographers.
Related Info Sheets
Related FAQs
How long does copyright in a photograph last?
If the photograph was taken before 1955, the copyright has expired.
If the photograph was taken after 1954, copyright usually lasts for 70 years from the year the photographer died if the photograph was published in the photographer’s lifetime.
If the photograph was first published anonymously or under a pseudonym, however, copyright lasts for 70 years from the year of first publication.
If the photograph was first published after the photographer’s death, copyright lasts for 70 years from the year of publication.
If the photograph has never been published, copyright can last indefinitely
Does the photographer have the right to charge for subsequent prints made from the negatives?
You will need to check your agreement with the photographer, and what the photographer agreed to do in return for the fee you paid. If the photographer agreed to take certain photographs and supply you with one set of prints, then the photographer is unlikely to be obliged to give you further prints for free.
May the photographer copy my photograph without my permission?
If you own the copyright in the photograph, the photographer generally needs your permission to make a copy of it. You may need to check your agreement with the photographer, and whether you gave any such permission in that agreement.
If the photographer owns the copyright, then he or she may make a copy of the photograph. Again, check your agreement with the photographer in relation to this.
Who owns copyright in school photographs?
As noted above, who owns copyright in a photograph is usually determined by the agreement between the photographer and the client. If the issue is not covered by an agreement, then copyright is usually owned by the photographer unless the photograph was taken in return for a fee or other “valuable consideration”. If the photograph was commissioned before 30 July 1998, the client owns copyright only if the photograph was taken for a “private or domestic purpose”. If the photograph was taken for a student to take home, it is likely it was taken for a “private or domestic purpose”.
If a photographer takes photographs in a school “on spec”, without an agreed payment but in the expectation that students will buy prints, it is likely that copyright is owned by the photographer.
Does a copyright stamp on a photo mean that the photographer owns copyright?
Photographers should not put the copyright notice on their photographs unless they own copyright. However, if a photographer does put the notice on the photograph when he or she doesn’t own copyright, then putting the notice on will not transfer copyright to the photographer. Any transfer of copyright must be done in a written document signed by the copyright owner.
For a photographer to be the owner of a commissioned photograph taken before 30 July 1998 or taken for a private or domestic purpose after 29 July 1998, the client must have agreed, before the photograph was taken, that the photographer would own copyright.
Can people scan and alter my photographs without my permission? Who owns copyright in the altered photograph?
Scanning a photograph to make a digitised version, or making a copy of an existing digital file, reproduces the photograph and therefore generally requires the permission of the copyright owner (unless an exception to infringement applies).
If the other person creates a new artistic work using the scanned photograph, he or she will own copyright in the new work. However, if the new work incorporates an important, distinctive or recognisable part of the original photograph, the owner of copyright in the new work will need the original photographer’s permission to reproduce and communicate it to the public. The original photographer still owns copyright in the original photograph.
Alteration of photos may, in some cases, infringe your moral rights in the work (the rights to be attributed as creator of a work, right not to be falsely attributed as the creator and the right of integrity against derogatory treatment of the work).