Photo Copyright - What photographers should know about the protection of their images | Ventsislav Stoilov | Skillshare

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Photo Copyright - What photographers should know about the protection of their images

teacher avatar Ventsislav Stoilov, Intellectual property manager, lecturer

Watch this class and thousands more

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Taught by industry leaders & working professionals
Topics include illustration, design, photography, and more

Watch this class and thousands more

Get unlimited access to every class
Taught by industry leaders & working professionals
Topics include illustration, design, photography, and more

Lessons in This Class

15 Lessons (32m)
    • 1. Introduction video

      1:05
    • 2. Welcome

      0:23
    • 3. Why is copyright so important for every photographer?

      2:40
    • 4. Brief introduction of the class content

      0:53
    • 5. Why are photographs a copyright subject matter?

      2:18
    • 6. Requirements for copyright protection

      2:44
    • 7. When copyright protection for photos arises?

      0:42
    • 8. Who is the author of a photo?

      3:57
    • 9. What copyright does a photographer have?

      3:31
    • 10. Fair use of photos - a use that photographers cannot prohibit

      2:53
    • 11. Duration of copyright over photos

      1:21
    • 12. Copyright Inheriting

      0:49
    • 13. What should a photographer bear in mind when taking pictures?

      4:28
    • 14. When a photo contains persons

      2:18
    • 15. Summary

      2:26
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About This Class

Welcome to the class “Photo Copyright - What photographers should know for the protection of their images”

Nowadays photography has become extremely popular both from a creative and business point of view.

With the advent of new modern technology and the internet as a whole, photography is one of the most trendy areas for professional development. 

That’s why every photographer needs to learn not only how to become more creative and skillful from a technical perspective, but also how to manage his or her works from a business and legal point of view.

This class is designed to teach photographers how copyright law can help them to control and benefit from their images in order to build a sustainable business model out of this profession.

Copyright gives every photographer a tool to control the way his/her photos can be used and to prevent all sorts of infringing activities.

In that way, the photographers can create new works relying on the copyright protection to receive a proper income from their original works. 

This is crucial because without such rights it would be near impossible for photographers to make their living because everyone would be able to use their works for free.

Why choose this course?

If you are a photographer or you work in this field, this course will be of great help for you because it will present you with the most important elements, requirements, and tips and hints about copyright protection over photographs.

Meet Your Teacher

Teacher Profile Image

Ventsislav Stoilov

Intellectual property manager, lecturer

Teacher

Hi, I am Ventsi, an intellectual property expert with more than 12 years’ extensive experience in the field of management and protection of trademarks, industrial designs, internet domain names, copyright, etc.

As an academic background, I hold both Bachelor’s and Master’s degrees in intellectual property management as well as a certificate by the World Intellectual Property Organisation which is part of the United Nations.

I have a corporate background in managing an intellectual property portfolio as well as I've gained significant expertise dealing with different corporate IP projects on a national and international level.

I am also a University lecturer in the field of intellectual property management for more than 7 ye... See full profile

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Transcripts

1. Introduction video: Welcome to the course photocopy, right? What photograph or should know for the protection of their images. If you're a photographer or someone who needs to buy or sell photos, this course will teach you the most essential moments of copyright protection for images in aplenty way high events. I've been working as an intellectual protein manager and the university lecturer for more than 12 years, including dealing with copyright implications and license agreements. These quasi designed for anyone wishing to learn how to deal with the corporate world when it comes to protecting serine or licensing photographs. By the end of the class, you will be able to understand what is copyright her photos, how it arises, what are the photograph was writes, What is the term of protection? What is fair use of images and some rules that will help you to avoid legal conflicts. When you take, by taking this class, you will gain knowledge. Entry will become more comfortable how to deal with copyright wall in order to make a successful carriers to photograph her. This class is suitable for students for all levels. Thanks for your interest in this class. 2. Welcome: Hi and welcome to the course and gratitude wrote, My name is Renzi and intellectual property manager and a university lecture with a passion for managing can teaching about different intellectual property rights. In this course, I would issue what copyright is in the light of photographing, what every photograph or should know about it, as well as some tips and hints on how to deal with it. Enjoy the course. 3. Why is copyright so important for every photographer?: Copyright so important for every photograph. Her copyright is important for every photograph her for two primary reasons. First and foremost, Copyright is a legal framework which protects every artistic work, including photographs, against their unauthorized use. Copyright gives every photograph or a tool to control the way he's, her photos can be used as to prevent all sorts of infringing activities. The idea behind Copyright is a legal concept is to provide authors with an incentive for creation of different creative works, such as literature or artistic works including photographs, paintings, sculpture, musical works, sound recordings, and broadcasts, etcetera. These incentive represents a legal monopoly right. In the case at hand, copyrights given to the authors for a specific period of time. In that way, the authors will be willing to spend their time and efforts creating new and original works, which will be a benefit for the entire economy and society. Because at the end of the day, they can rely on these monopoly right to receive a proper income and make their living. This is crucial because without such rights, holders wouldn't be able to achieve these. Everyone would use their works were free, which means that for the most part, nobody will want to become an order, at least no one who wants to make this activity as a profession. The second reason is that copyright, the geese odors and ground for making business week did their photos. That is to say copyright stipulates particular rules that allow business transactions with copyrighted works. In the case of photographic Copyright is a legal and business to allowing photographers not only to protect their works against illegal usage, but to monetize them, which in turn is a base for creating new works in the future. If we have to summarize, oh, benefited copyright provides photograph or sweet, we can say that it gives a legal protection. Our photographs. Photographs can control who, how, when, and where can use their photos. Photographers can claim ownership over their photos based on the wall. Copyright provides the rules for commercial exploitation of photos. Copyright ensures that photographers can make their living based on the creating images. Copyright cirrhosis and additional stimulus for the photographers to continue doing their creative work in the future. 4. Brief introduction of the class content: Brief introduction to the course content. These quasi designed with the purpose to teach photograph or send all people working in the field of photograph is a whole. What is copyright protection? What are its main characteristics and essential elements and how they can take advantage of them. Copyright is a crucial legal concepts that has to be understood by every photograph because it can provide him, her with a tool to monetize their creative efforts. The main goal of this course is to give you an overview of the Copyright is a legal ground for protection of photographic. How to deal with disputation, and what are some of the rules when you take photos in order to avoid legal conflicts. The knowledge and skills on how to deal with copyright can be essential for achieving commercial success, especially in the presence of a global economy and various digital business models nowadays. 5. Why are photographs a copyright subject matter?: Why are photographs or corporate subject matter? According to the Oxford Dictionary, photograph is a picture that is made by using a camera that stars images in digital form, or that has a fume sensitive to write inside it. For the graffiti, the art process or job of taking photographs or humming something. Photographs or a copyright subject matter because they're a product of intellectual creative efforts. Now in case the original, They can be protected because intellectual property rights from which copyright is part of, aim to give protection to all sorts of intangible assets that can have some value for the author or the society as a whole. In general, copyright is a collection of rights that automatically vests to someone who creates an original work of authorship, including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, photos, computer, software, etc. Copyright protection constitutes one of the ways for promoting Cantor, disseminating the national culture heritage. It gives every author and incentive to invest his or her time and resources in the creation of the relevant works. Because the author will be able to return these investments by giving permissions for use of their works against the appropriate remuneration. Without copyright protection, every photo is possible to be used for free, which means that the photograph or you will have no incentive to take professional photos because they will be not able to make their living out of them. Copyright law aims to balance the interests of those who create content with the public interest in having the widest possible access to that content. This happens true rules set into corporate vote, such as limited duration exceptions. So for protection, fair use, etc. Copyrights are considered territorial rights, which means that they do not extend beyond the territory of a specific duration. While many aspects of national copyright laws have been standardized, trout international agreements, copyright goals may vary by country. 6. Requirements for copyright protection: Requirements for copyright protection. When it comes to copyright protection for photographs, there are some requirements in order for such protection to be ordered. Too many requirements are stipulated by the whole originality bearing in mind that photographs are artistic works. In order to receive protection, they have to be original. This is widespread requirement in most of the jurisdictions around the world. However, there is no uniform understanding of what exactly originality in the case of photographs is. In some countries, this means that the photon needs to be independently created by the older, possessing at least some minimum degree. That is to say it is not copied from someone else one-to-one. In other countries, this is not enough, but the existence of a high level of creativity which reflects the author's personality and an individual approach is required. In this case, the photograph has to contain the authors intellectual and personal contribution. If we summarize the idea for originality, it means that the author has to put some creative efforts in order his or her work to receive protection. These efforts in the process of taking a picture can include Choosing the right angle, the right place, right color scheme, atmosphere, etc. In order to express some feelings, emotions, or messages. In some countries, photos that are not already know can receive some limited protection. I, for example, ordinary pictures of daily life and events or objects without expressing any art emotion can be protected, but in most of the cases, the protection will be much shorter than in the case of original works. In Italy and Spain, for example, photographs not fulfilling the originality requirement are protected by unrelated right for 2025 years after the creation date respectively. Fixation. The second requirement is that the photograph must be fixed for at least some period of time in a tangible medium, such as film or digital media, it cannot merely be an idea or a concept for a photograph. This is a requirement for receiving corporate protection in many countries around the world, including the US, Canada. However, in other countries such as France or Spain, there is no such requirement. O in all this means that in most of the cases, photo can be protected if it is fixed on a film, it is printed or it is in a digital form, like a GPS, etc. 7. When copyright protection for photos arises?: Wang copyright protection for photo psoriasis, cooperate over photographs are rightly so dramatically in the moment when they are created, provided that all criteria necessary for receiving a corporate protection are fulfilled. That is to say, the photo is original or result of creative efforts and it is fixed on a medium. There is no mandatory requirements for a photo to be register it with the patent office or other government authority. However, in some countries such as the US, every photograph can be registered before the Copyright Office, which doesn't give protection over the work. But such registration can be used as evidence in copyright lawsuits. 8. Who is the author of a photo?: He's the author of of the order of a photograph, is the person who takes it based on his or her intellectual efforts and creative approach. Although there is now a debate whether artificial intelligence or even animals, can be authors of works for the time being, the order of photographs can be only human beings. For example, there was recently a lawsuit in the US where the question was whether a monkey which took a picture accidentally is the author instead of the photograph or who prepare to the camera and all other stuff, the court ruled out that according to the wall, the author can be only a human being because intellectual efforts are unnecessary, inner, copyrightable work to V. Create. There are two cases, however, where copyright can be automatically given to someone else by duo. Photographs made in the course of employment. If a photograph or is an employee and the photos are taken for going poorer or on behalf of the poor, then the copyright of these photos belong to the poor. Unless a cooperative agreement stipulates something helps, the employer has all necessary copyrights to use the photo commercially for the purpose for which it was created. In some countries, the photographer retains some moral rights, such as to be identified and credit it is an author of the photo. For instance, if you work for a company as a photographer and your work is to take pictures for the company's activities. The corporate over these pictures will belong to the company while you receive renumeration in the form of a mantissa, every photographs made for her, as I have mentioned it to the concepts of works made of higher in the US includes worth created under employment contracts. However, in other countries, these are only worst created by independent odors, hard for a particular project. In case the photospheric commissioning to photograph her under an agreement, the Commissioner will automatically Oh, all necessary copyrights to use the photo for the purpose for which it is created. For instance, if a company wants a photograph or to take a photo for an advertising campaign, the company will become an owner of the corporate over the photo according to the wall, and will be able to use it for these assets. However, if the company wants to use the photo for an artist submission, which is not an it. This use will have to be stipulated additionally in the agreement with the photograph. Of course, the scope of rights which the Commissioner will have in case of works made for hire can vary in the different countries. And in some countries, the order can retain some moral right over the photo, for instance, to be credited. In the US, if the photo is created by an independent photographer, the photon may be considered a work for hire only if all of the following conditions are met. The work must come within one of the nine limited categories of works. A contribution to a collective work are part of a motion picture or other audiovisual work at translation, a supplementary work. Our completion and instructional texts are test answer material for a test and an authorise. The work must be specificly order it or commission it, and there must be a written agreement between the parties, specifically that the work is a work made for hire. 9. What copyright does a photographer have?: What copyrights this photograph, her head injury, both copyright gives a rephotographed heard their rights to control how he's her photos are used and by whom, in the light of these photographers copyright consists of two groups of writes. Moral rights. They are recognizable in most of the countries around the world, including in the US, where However, moral rights are possible only for visual art. Their scope can variety in the different countries, but we can summarize the most essentials of them, such as the right to claim authorship, to deny authorship of photos that are not created by the photographer to prevent the continue to use the photographer's name on any photos that have been distorted, mute, irritated, et cetera. To prevents the use of photographers name as the author of a photograph in the event of distortion, mutilation, or other modification of the photograph which would be prejudicial to alters the owner or reputation, to prevent any intentional distortion, mutilation, or other modification of the photo, which would be pretty typical to photographers on our reputation. In some countries, the additional moral rights can be to decide whether the photo can be made available to the public. To require that photographers name, pseudonym, or other identifying mark be indicated in a suitable manner whenever photographers work is used to modify the photo provided it, these are not the creature, the rights acquired by other persons. This means that the after the photograph her finish the work over a photo, he or she has the right to make additional changes even though the photo is used by someone woefully to stop the use of the photo due to changes in his or her beliefs. In other words, a rephotographed hurricane claim ownership of his photographs to expect a credit when the work is used to prevent distortion or modification of the work if this is against the, his, her creative perception and so on. Economic rights photographers here, if the following writes for commercial exploitation of their photographs, reproduction of the photo in various forums, such as printed their publications, et cetera, to distribute copies of the photo to the public by sale or other transfer of ownership or by rental, lease or lending. Public display of the photo, broadcasting or other communication of the photo to the public, including transmission over the internet. Translational work into other languages. If their words, the Spirit in the photo, adaptation of the photo for creating derivative works. Or if we have to summarize, everytime someone wants to use a photo for print materials to distribute the photo by selling, correlating, to display the photo exhibitions, to show the photo on a TV program or over the internet, or to create derivative works based on the photo, the user should ask for a permission from the photograph her, because of these activities constitute economic copyrights, belonged to the west. 10. Fair use of photos - a use that photographers cannot prohibit: Fair use of focus or use that photograph risk cannot prohibit fair use or limitations related to a copyright protection are cases that permit limited use of photographic material without having to first acquire permission from the author or the copyright holder. Their intent is to bell the interests of copyright holders with the public interest in the wider distribution and cues of creative works. This means that in some situations, copyrighted images can be used for free under some conditions. However, limitations and exceptions silver ion country to country and they can be use photos for non-commercial and private study. A student can use a copy of a photograph or private study on use for non-commercial research. These means using photos only for analysis. Enter researches with non-commercial purposes. Criticism, quotation, review, and reporting a current events. This means use of copyrighted photos for the purpose of reporting current events. However, newspapers and other media carry around fair use concept in cases the use is transformative. That is to say, a news article that includes a photograph must contain either a significant amount of information about the subject of the photo or some commentary or criticism on the photo. In addition, as efficient acknowledgment will be required. Another exception is teaching. Copyrighted photos can be used for educational, non-commercial purposes. The use of the works has to be fair. Such use came B, for example, make copies by using a photocopier or similar device on behalf of an educational establishment. Creating presentations with photos, recording video materials which include photos for non-commercial educational purposes in an educational establishment, etcetera. Another exception is in supporting disabled people. Copyrighted works can be used for free to help disabled people in case such as making watch print copies of books, newspapers or magazines for visual impaired people. Making accessible copies of books, newspapers or magazines for dyslexic people, et cetera. Parody and correct that your use of limited amounts of protected works is possible without permission. In these cases, for example, a comedian may use a photo for a parody sketch. There reminded that these exceptions can have some specifics based on international law in the relevant country. He said countries, for example, Fair Use requires only cropping and using a portion of a photon. 11. Duration of copyright over photos: Duration of copyright. Our photos in most of the countries around the world, copyright duration our photographs is the life or the photograph was 70 years when he's Her hairs can benefit from these rights. This is the term in the US, however, for photos created after January first 1978 in the US, for photos taken anonymously or under a pseudonym or a photograph made for hire. The copyright in euros for a pair of 95 years from the year of his first publication, or a term of a 100th third, 20 years from the year of its creation, whichever experiments first, the thermal protection in the European Union. Again, the life of the author and traditional 70 years for anonymously photos, 70 years from the publication or if unpublished them at the ears from creation. In the case of photos made for hire, the regime is the same as the theorem of personal copyright. That is to say the life of the photograph her and 70 years after that. If the photograph her is not identified nor become non subsequently, then the copyright term in the EU ESA the same as for an anonymous or pseudonymous work 70 years from publication of the fault. 12. Copyright Inheriting: Copyright inheriting happened the death of the author, the copyright will pass to his hairs, buy wheel, or by wall. According to the Law of Inheritance, copyright is inherited until expiration of the tariff protection. In case the author does not share hairs or any such hares die PR to the exploration of the tariff protection. In some jurisdictions, the copyright can pass to the state, which will exercise it until expiration of the term. After expiration of the tariff protection, the works can be used freely. However, in some countries, the following moral rights cannot be infringed. The author's name to be indicated in a suitable manner whenever her work is used and the integrity of the author's work to be preserved. 13. What should a photographer bear in mind when taking pictures?: What shorter photograph her very mind when taking pictures. Apart from the copyright rights that every photograph her has over his or her photos, there are some rules when taking a photo which have to be bare in mind in our possible conflicts to be avoided. Day concerns the following. First of all, when a photo contains other copyrighted works. In many situations, photograph offers may include other materials in their photos. Some of these materials can be subject to copyright owned by someone else. For example, a fashion photographer often takes pictures of interior design quotes, jury books, etc. If this is the case, the following process can be fought. First and foremost, identify all works that will be included in the photo. After that, find out their authors or who manage the copyright over them. Answer the question, what is the purpose of making the photo? If it is for private use, you don't need to ask for permission from the authors of the included works. However, if your photo will be used for commercial purposes, you need the permission to picture the relevant works and after this, to sell the photo that included them. In case of every old who works, try to find out whether they are copyright, our expired, because if this is the case, you don't need the permission. Find whether the use of your photo goes within the copyright exceptions and limitations, such as you're allowed to take photos of building. However, only if they're in a public place. You can include in your photo some artistic works such as sculptures that are permanently displayed in a public place. However, for a temporary displayed one, you need the permission. This is the case with private sculptures to it is acceptable to take photos for the purpose of news reports, a review or critic. For example, if you take a photo of a new book that will be used for a news report or a review. You don't need to ask the book's author or publisher for permission. In many countries you can take a photo of works, people, or places in general if they are merely a part of the background and are in a public place. For instance, a photograph throughout the movie premier as an event with artists, celebrities, and so on. In that situation, you don't need permission to picture them or the movie characters, et cetera. These photos are for review, news report, critique, and so on. Even if your photo contains other works which fall within the concepts of fair use, there are some moral rights which you need to comply with. For instance, the authors right to his or her name to be mentioning to when the work is used. If you show your photograph at an exhibition or use it for Internet websites, et cetera. You need to give credit to the authors of the works included in your photo. If you don't want to do that, you need to ask the author so whether it is appropriate and not to mention their names. If you want to use someone else's photograph to modify it and to include it in your own photo, you need the permission because outer Inca work means creating a derivative work, which is one of the copyrights that every odor possesses. You can use someone else's idea for a photograph because ideas are not copyrighted, but already their expressions as a final result. For example, if someone takes a picture of a public building from a specific angle, you are out to take your own photo of the same building. You can take a photo of trademarks. However, it depends how you use the photo after that. If it is for news to report, search, educational or non-profit purposes, you don't need permission from the trademark owner. However, if you wish to use the photo to sell merchandise, we did, or in any other commercial way, this could be a trademark use according to the trademark woes which deems that license is necessary. In the next lecture, we will continue with the tips in case of picturing persons. 14. When a photo contains persons: Welcome back. What you need to do when a photo contains persons. As a general rule of thumb, you cannot photograph someone else without his or her permission. This is related to the general human right of someone's image to be picture it or not. Every photograph or should be careful when taking a photo of people because there could be some restrictions related to the national security, protection of children, right of privacy, etcetera. Another important moment is seen the case that the depicted person wears or using copyrighted works as jury quotes, etc. At the moment of taking the photo. In this case, u, the use of the photo does not fall within the copyright exceptions. You need to ask her permission. It is a good idea to ask for a written permission in the following situations. Although you can photograph people, especially public one in public places, if you do this privately, It is better to ask for permission because this is related to the privacy rights of every person. You need permission to publish a photo that reviews private affairs, especially if the photo would be highly offensive and it's not a concern to the public. One exception here could be the photo concerns, celebrities or public persons. And it is a legitimate public concerns and legitimate news. You need permission if you want to use a photo with a person for some commercial purposes, such as advertising, merchandising, etc. For example, if you take a photograph, even on an ordinary person with the intention to use it for a social media advertising post, you need a written permission from this person in order to avoid possible legal conflicts after that, very minded, even though the individual rights are valid only until the death of the person. In some countries, there are exceptions for famous people who rely on personality rights. For example, it could be a problem to use a photo of Elvis Presley for commercial purposes without the permission from his estate. And finally, you cannot use a photograph in a way that we will put someone in false light or will defend this person. This can invoke a warship. 15. Summary: Summary. At the end of this course, we can summarize some of the special points when it comes to copyright protection of photographs. First and foremost, copyright law provides photographers with the legal protection over their photos. This means that they can control the way their images are used by home, how, where cetera. Corporate legislation defines the rules for licensing of photos, that is to say for a commercial exploitation. This is important because it allows photographers to make their living while doing creative works. Was but not least, cooperate can be a motivation for every photograph her to continue making progress because it ensures that there will be financial benefits center moral boost for them. Photographs are corporate subject matter because they are the result of intellectual creative efforts. In order to receive this protection, however, a ray photo has to be original, tends to be fixed in a tangible or a digital medium. Copyright protection is automatic. There is no need for registration. The protection arrays in the moment when photos are created and fixed on our medium. In some countries like the US, you can register your photo, but this is only to facilitate possible rights enforcement. For the time being, the author can be only a human being. There are two groups of copyrights, moral and economic. In some cases, you cannot prohibit the use of your image. This is the so-called Fair Use Doctrine. Copyrights or photographs are valid for the life of the author and 70 years after that, when his or her heart take advantage of these rights. There are some rules that you need to follow when you take photos in order to avoid possible legal conflicts and disputes. At the end of this course, I want to say that it was a real pleasure for me to be your teacher. And at the same time, I hope that the knowledge from the class will be available to you in your future activities. Although it sounds to legal isotopic, I believe that every photograph her can gain real advantages if he or she has the bare minimum knowledge how to benefit from the corporate wall, not only for protection purposes but for doing business to. If you enjoy the course, please post a review. It will be a valuable support for me as a motivation for neoclassic. Good luck and older vest.