The above link will take you to a very helpful article covering copyright in the USA especially for photographers. Below are just three questions of the 26 that the article covers. His question and answer format is a fast and easy way to learn about copyright.
Three examples:
Q. Has the Copyright Act kept pace with the computer age and changing technology?
A. Yes. The Copyright Act was designed to be responsive to all technological advances. For example, an illustration or photograph must be licensed for use on the internet. Similarly, an illustration or photograph taken off the internet without permission is as much an infringement as if the same image were taken from a magazine and used without permission. The unauthorized reproduction of a copyrighted work even if taken off the internet is still an infringement.
Q. If I buy a photograph or painting from a photographer or an artist for display purposes, can I use the image for any other purpose?
A. No. Mere ownership of a photograph, a painting or any other copyrighted work does not convey any right to copy or to use the work other than for personal use. For instance, a painting can be hung in a home or office but, absent permission, it cannot be copied, reproduced or used for any other purposes.
The law provides that the transfer of ownership of any material object that is protected by copyright, does not of itself, convey any rights to the copyright. For example, the purchaser of a copyrighted photograph, painting or poster, intended for display purposes, does not acquire any right to copy, reproduce or use the work other than for its intended purpose. Even if one were to purchase an original portrait that was specially commissioned, the purchaser would only be able to frame and display the work. Unless the parties otherwise agree, the artist owns the copyright and the work cannot be copied or reproduced. Thus, without permission, the subject of the portrait cannot even make a holiday card from the painting. Similarly, no one can photocopy an entire book without violating the copyright owner’s exclusive rights in the work. In fact, radio stations and jukebox operators have to purchase licenses to broadcast or play music even if they own the records they are using.
Q. Are there any times that I can use a copyrighted work without risking infringement?
A. Yes. The concept of fair use permits the utilization of copyrighted materials for certain purposes. For example, a newspaper can publish copyrighted works for purposes of reporting news and a teacher can make multiple copies of certain works for classroom use without risking infringement. In order to determine if a use is fair or is an infringement, one must determine how much of the copyrighted work is used and the impact this use will have on the potential market for the copyrighted work. If large portions of a copyrighted work are used or if the use lessons the potential market for the work, there will be infringement.
Parody is a form of fair use. In parody, an artist, for some comic effect or for social commentary, may closely imitates the work of another artist, as long as the new work ridicules or comments on the style or expression of the original. Thus, the rock group, Two Live Crew’s song, “Ugly Woman,” which was a rendition of Ray Orbison’s song, “Pretty Woman” was held to be a parody and not a copyright infringement.
Andrew “Drew” Epstein has been practicing law for twenty-five years. He continues to maintain a diverse law practice at 10 Winthrop Square in Boston, Telephone: (617) 482-4900. Drew specializes in representing commercial and fine art photographers, artists, writers, entertainers and businesses involved in the arts and visual imaging.
This pamphlet contains only a brief overview of the United States Copyright Act. It is not meant to be a substitute for specific advice from a competent lawyer.
PWG Theme-Category: Photo Law
Follow Us on Twitter
Blog RSS