Put simply, copyright is the right to copy creative works. This original work could be anything – stories, music, computer software, video, to photographs. An important thing to note here is that ownership of a photo does not mean you own the copyright of that photo. In most cases involving photography, it’s the one who clicked the shutter and not the subject who owns the copyright.
As a simple illustration, imagine you’re at the Eiffel Tower with your friend Jeff. You took a selfie of yourself and Jeff in front of the Eiffel Tower with your smartphone and then Jeff borrowed your phone to shoot the exact same picture at a different angle.
Even if both images are practically identical, the photographers – and by extension the copyright holders of both digital photos – are different. You hold the copyright on the photo you took, and Jeff holds the copyright on the photo he took.
Copyright policies exist to protect the original photographer by giving them an exclusive right to create multiple copies, commercialize, and make derivative works from the image for a limited time. This means someone can’t just take their photograph and create works to make money off of it without the creator’s permission.
In photography, this means only you can display, monetize, and create derivative works out of your photograph and you can sue anyone who tries to do the same without permission.
However, there is a doctrine called fair use. Fair use allows you to use copyrighted pictures without legal repercussions in certain situations. If you use a copyrighted photograph for educational purposes, personal use, or news reporting, they’re likely to be protected under fair use.
But you can’t always depend on fair use. This doctrine is a legal grey area because what constitutes fair use is up to the judge or jury’s discretion and can differ from case to case.
