General Photo Copyright FAQ’s

What is the purpose of copyright law? Copyright law protects creative expression. The required level of creativity law applies to photographs  as well as to works that may be included in a photograph (such as a sculpture, a mural, a painting, etc.) Any reference to photographs also includes digital images.

How long does the copyright in a photo last? For photographs created after January 1, 1978, the copyright in a photograph is normally protected for the life of the photographer, plus 70 years.

If I own a photo, don’t I also own the copyright? No. You may own the photo, but you own the copyright only in any  photos you have taken yourself. If you purchase an Ansel Adams print, you have acquired only the print, not the copyright in the image. Similarly, if you hire a professional photographer to make a portrait photo of your family,  you can purchase prints but the photographer owns the copyright in the photo (unless he or she specifically agrees to  transfer the copyright to you).  Ownership of a professional photo normally does not include ownership of the copyright in the photo.

What if I have a photo of artwork by someone else (such as a painting, mural or sculpture)?If you have a photo of artwork by someone else, you cannot order a photo-to-canvas image without permission from whoever owns the copyright in the artwork. The owner of the copyright in any work of art has all the protections of copyright law that a professional photographer has in his or her photos. 

Do the rules regarding the reproduction of photos apply to digital photos and images? Yes. Copyright protects digital photos and images as well as photos made on film. Posting photos and images on the Internet does not make them free for use by others. To place an order for a photo-to-canvas image, you must be the copyright owner or have the permission of the copyright owner.

Can the owner of the copyright in a photo give permission to the owner of the photograph to havePhoto-to-canvas images made? Yes, but that the permission be in writing. RELEASE FORM includes a place for a professional photographer’s consent to the creation of a photo-to-canvas or poster image.