Photographers are blessed with the skill to capture moments in time and turn them into long-lasting memories, as well as pure pieces of art. It's important, however, that you understand how to protect your art before publishing it and making it available to the general public. If it gets into the wrong hands and you don't have the correct protections in place, your original piece could end up on the internet with someone else's name on it and no credit presented to you.
Let's take a closer look at the copyright basics you need to know as a photographer:
What defines copyright?
According to the Arts Law Centre of Australia, copyright is defined as the legal and economic rights that are granted to the owner of personal property. These rights allow the owner to do what he or she pleases with his or her property. Speaking in terms of artistry, copyright is used as a means of protecting and monetising creativity.
One major factor in Australian copyright law is that registration for works of art, inventions or any other form of creation does not need to be registered for copyright. Rather, a work is automatically covered once it has been created.
What does copyright protect?
As constructed in the Copyright Act 1968 (Cth), the official law of copyright in Australia, the "subject-matters" or "works" that are covered include literary works, dramatic works, musical works and artistic works of craftsmanship. Australian copyright also covered "subject-matter other than works" which include films, sound recordings, broadcasts and published editions. Photographs counts as a piece of work.
Copyright and photography: Key facts you need to know
According to the Australian Copyright Council, there are various key facts to keep in mind as a photographer when it comes to copyright. Those include:
- Just because you own the camera, doesn't mean you own the copyright to a photo. This comes into play when borrowing another photographer's device.
- Photographers are granted moral rights and responsibilities when it comes to pieces of work.
- Copyright in photos generally lasts over 100 years. The Australian Copyright Council stated that the copyright lasts the life of the creator, plus another 70 years.
- All photos taken before 1 January 1955 are now considered to have been expired of their copyright.
- Copyright protection is free! Because protection is automatic and requires no registration, it also comes at no cost.
How to prevent copyright infringement
While the internet and social media have made it simple for you to share your creations with the world, gather feedback from fans and colleagues and motivate yourself to work harder, there's unfortunately a whole can of worms that opens up when you share art on the web. Not only does it make it easier for anyone to illegally download your work, but it becomes fairly simple to copy your creations without your permission as well.
The Arts Law Centre of Australia recommended taking various precautionary measures to protect your art based on its type. For photographers, the visual art protection suggestions were created, and are described as follows:
- Always create a watermark on your images before uploading and/or printing them. Make sure the watermark is clearly visible.
- On the web, make sure to disable the right-click option on all of your photos.
- Always add invisible information to the coding of your photos online.
- Try to keep high-resolution photos off of the internet. Consider keeping all photos at no more than 72dpi.
- Make use of the copyright symbol in your arts, whether it's in the title of the piece or near your name.
- Give those viewing your photography an opportunity to reach out and contact you. This can make it easier for them to ask for permission to use your photos. Online, always display your social media handles and email address. In public showings or galleries, be sure to bring along business cards to share and put on display in front of your pieces.
Most importantly, always make sure to state that you are the copyright owner of your pieces of work. That way, if you find stolen photos, you have written or printed proof of a copyright statement.
Contact Alder IP Lawyers
As an artist, it's important to protect your rights on the pieces of work that you spent countless hours to complete. Navigating the world of copyright infringement and laws can be stressful, but it doesn't have to be. Alder IP is equipped with a team of registered patent and trademark lawyers who have years of experience and can help guide you through this process in a smooth and seamless fashion.
To learn more about what we have to offer or to make an appointment, please contact Alder IP at 02 9007 9916 today.