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Works of sufficient creativity are automatically protected as soon as they are fixed in a tangible medium; the copyright symbol is not required.

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Q: What is the copyright law if photographs do not have 'copyright' symbol on them. Does it make a difference if the photographer has the original photograph stored?
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If you get someone to take a photograph of you who has the copyright to that photograph?

Unless the job is work for hire or work for employer the photographer holds the copyright.


Under Australian Law Who owns copyright of an image the photographer or the person in it also what law and which part?

In most cases, the photographer is the first owner of copyright unless there was an agreement to the contrary. Additional rules define the rightsholder for works-made-for-hire, and the following (from the Australian Copyright Council) explains rights in the case of commissioned photographs:Specific provisions set out the general rules on ownership of copyright where a person who is not the photographerʼs employer (a client) pays a photographer to take a photograph.• For photographs taken before 1 May 1969, the person who paid for them to be taken owns the copyright, unless the photographer and client agreed otherwise.• For photographs taken on or after 1 May 1969 and before 30 July 1998, the first owner of copyright in a commissioned photograph is the commissioning client, unless the photographerand client agreed otherwise.• For photographs taken on or after 30 July 1998, the general rule on ownership depends on the purpose for which the photographs were taken:• if the photographs were taken for "private or domestic purposes" (such as family portraits, or wedding photographs), the first owner of copyright in them is the client, unless the photographer and client agree otherwise; however• if they were taken for any other purpose (e.g. commercial shots), the photographer will be the first owner of copyright, unless the photographer and client agree otherwise.If someone owns copyright in a photograph as a result of having commissioned it (without having reached any other agreement about ownership), the photographer has the right to restrain the use of the photograph for purposes other than those for which it was commissioned (provided these purposes were made known at the time of the arrangement). This rule applies to any photograph taken on or after 1 May 1969. Even though the client is the owner of copyright, the photographer can rely on his/her right of restraint to negotiate further payment for uses that were not contemplated at the outset.Authorship of photographs is defined in Copyright Act 1968, as amended, Part XI, Division I, Section 208. (page 537)


How long is the copyright for a photograph taken by a professional photographer?

Generally copyright protection extends until the end of the calendar year 70 years past the death of the photographer


How do you find copyright information about unmarked vintage photos?

Start by trying to determine the date, who was the photographer (or photographer's employer), and whether the photograph was ever published. Then see the related question, "How long does a copyright last?"


Who owns the copyright of a picture taken with permission of someone?

The photographer owns the copyright of any photograph unless there is a written and signed agreement with a client that states otherwise. If the photographer is an employee of someone else and being paid for his employment, then the employer is legally the "author" and owns the copyright, under US law. It is quite possible, and often the case, that a person may own the only copy of a photograph but someone else owns the entire copyright but no copies.


What are the copyright laws on photographs?

Protection is automatic as soon as the image is taken, and the photographer is the copyright holder unless other arrangements were made. The image will be protected for the life of the photographer plus 50 years (the US and some others have extended this to life plus 70 years).


What should you do if you want to use a copyright photograph?

Contact the copyright owner, or his/her agent.


What is a loss of copyright?

When we talk about someone losing copyright, we generally mean that two parties have been fighting over the rights to something, and they lost. Photographer Annie Leibovitz may lose copyright to her photographs, as she used the rights as collateral for a $24 million loan. In that case, the rights would transfer to the loan company.


Are van Gogh paintings subject to copyright?

Any work is subject to copyright. However, van Gogh died in 1890, so in most countries his works are considered to have passed into the public domain by now. There's a slightly tricky bit though: photographs are considered new works, so you can't copy a photograph taken by, say, the Lourve unless the photograph itself is in the public domain... and most museums forbid anyone not expressly authorized by the museum from taking photographs of their paintings.


Is it copyright infringement upon the photographer's rights if you use a photo they have taken of your home or car or other property?

By the strict letter of the law yes it would be an infringement if you used the photograph without permission. Although you own the property in question the photographer owns the rights to his expression of that property.


Why do photographs have copyright on them?

Because they are original, creative works.


How does Copyright Law affect use of photographs?

The person who snapped the photograph (or their employer, if they were hired to take photos) would automatically own the copyright. On certain "works made for hire" the client would be considered the author, but only if there were a written contract. Unless a person owns the copyright or has a license or statutory exemption, the use of any copyrighted photograph is restricted by federal laws of over 160 countries. You cannot generally copy, publish, distribute copies, make derivative works, upload/post or download copyrighted photographs without a license from the copyright owners. However, copyright on many photos has expired (e.g., anything published prior to 1923, published in the USA before 1963 without copyright renewal, etc) or never existed (e.g., works of the US government, works published prior to 1989 without proper copyright notice).