Photographers and copyright theft

Summary

This video clarifies common misunderstandings about copyright ownership in photography and website design. The speaker explains that photographers typically retain copyright over their images, granting clients usage rights through licenses. Meanwhile, in website design, the company creating the website usually holds the copyright for the source code, allowing clients only limited usage rights. The speaker highlights the importance of clear contracts between clients and creators to avoid disputes and ensure mutual understanding of ownership and usage rights. Key advice includes knowing the difference between buying usage rights and ownership, and understanding the limitations of resale.

Takeaways

• 😀 Photographers own the copyright to the images they create, unless otherwise agreed upon.
• 📸 If you commission a photographer, you generally receive a license to use the photos, but the photographer retains copyright ownership.
• 💼 In cases where a photographer works for a company, the company typically owns the copyright to the photos taken, not the individual photographer.
• 🤔 Disputes arise when photographs are used for purposes beyond the original agreement, like when a company reuses images without proper compensation.
• 💻 Copyright in website code is similar to photography, but there is often confusion about ownership and rights regarding source code.
• 📝 Contracts play a significant role in defining the rights and limitations associated with both photos and website code.
• 🌐 When a company commissions a website, they generally only receive the right to use the website and modify it, but not to resell or redistribute it.
• ⚖️ Intellectual property laws differ for photographs and source code, especially in the case of reuse or infringement on content like databases.
• 🖼️ Photographers often do not provide raw files unless explicitly agreed upon, as most clients only receive edited versions with a usage license.
• 👨‍💻 There is a distinct difference between commercial and private use licenses for both photographs and website code, affecting pricing and permissions.

Q & A

Who owns the copyright to the photographs taken by a photographer?

The photographer who creates the image owns the copyright, unless there is an agreement stating otherwise. If a company hires a photographer, they may receive a license to use the photographs, but the photographer still retains the copyright.

What happens if a photographer works for a company? Who owns the copyright?

If a photographer works for a company as part of their employment, the company typically owns the copyright to the photographs taken, not the photographer.

What is the difference between 'commercial use' and 'personal use' when it comes to photographs?

Commercial use refers to using photographs for business or marketing purposes, while personal use refers to using them for non-commercial, private purposes. The price of a photograph can vary depending on the intended use.

What does it mean when a photographer gives a license to use their photos?

A license allows the buyer to use the photograph for specific purposes. However, the photographer still retains ownership of the copyright unless the copyright is explicitly transferred or sold.

Can a client of a photographer sell or redistribute the photographs they have purchased?

Typically, no. If the photographs are purchased for limited use, the client cannot resell or redistribute them without explicit permission from the photographer. The usage rights usually depend on the terms of the contract.

Is there a difference in intellectual property laws between photographs and website source code?

Yes, while both are protected by copyright law, the key difference is in how they're treated in contracts. A photographer owns the copyright to the photos, while a company that creates a website may retain the copyright to the source code, with the client having usage rights but not ownership.

What is 'swet generis' intellectual property?

'Swet generis' refers to a specific type of intellectual property, often related to the content within a database. This type of IP protects certain data, even functional information, from being used without permission.

What happens if a company wants to resell a website built for them by another company?

Usually, the company that commissioned the website has rights to use it for their purposes but cannot resell or redistribute the website for profit unless the contract specifies otherwise. Reselling rights often come with higher costs and specific licensing agreements.

What does it mean to buy a 'resale license' for software or a website?

A resale license allows a buyer to legally resell the software or website, but it usually comes with higher costs and strict terms. The buyer can then distribute the product to others for a profit.

Do photographers usually give away raw image files to clients?

No, most photographers do not provide raw image files as part of the standard package. Clients typically receive edited versions of the images with a license for use, but not the raw files unless explicitly stated in the contract.