Understanding Photographic Copyright and Infringement

Important Information for the consideration of the Client Family of Bill Gardner Photography

“Copyright” describes the rights given to creators for their literary and artistic works.

But we often don’t consider copyright when we look at our family photos, or go to get them copied. Even though it is so easy to copy an image—with scanners, photo-quality printers, and copy stations—it is still illegal.

Things to remember about copyright:

• Copyright is a property right.

• Just because you buy a print does not mean you have purchased the copyright.

• Professional Photographers are the smallest of small copyright holders.

• Under the Federal Copyright Act of 1976, photographs are protected by copyright from the moment of creation.

• Photographers have the exclusive right to reproduce their photographs (right to control the making of copies).

• Unless you have permission from the photographer, you can’t copy, distribute (no scanning and sending them to others), publicly display (no putting them online), or create derivative works from photographs.

• A photographer can easily create over 20,000 separate pieces of intellectual property annually.

• Professional Photographers are dependent on their ability to control the reproduction of the photographs they create.

• Controlling the reproduction of photographs affects the income and the livelihood of Photographers’ families.

• Even small levels of infringement—copying a photo without permission—can have a devastating impact on a photographer’s ability to make a living.

• Copyright infringements—reproducing photos without permission—can result in civil and criminal penalties.

Put copyright in perspective:

• 65% of PPA* Photographers are self-employed photographers relying exclusively on photography as their primary source of income.

• 47% of PPA* Photographer studios rely on reprints as a profitable source of their income.

How to get legal copies of professional photographs:

• Contact the photographer/copyright owner. Photographers are happy to discuss options for reproducing photos with you.

• Check both the front and back of a print for a copyright notice. If it is a school, sports or similar type photo, you may want to contact the institution where the photo was made.

• Contact PPA’s* Service Center for help finding photographers to obtain photo-copying permission.

What Constitutes a Copyright Infringement?

All photographs produced, sold, publicly exhibited, posted on our website, posted on social media, or in any other way distributed, are copyrighted and therefore protected by copyright law. Unless written permission has been given to the contrary, all of the following constitutes Copyright Infringement which can result in civil and criminal penalties:

• Copying or Scanning one of our Photographs or digital files

• Reworking one of our original Photographs or digital file into a derivative creation

• Relicensing or distributing our Photographs or digital files

• Posting one of our Photographs online (including social media) without our permission

• Using one of our Photographs in an advertisement

Please note that the above list is by no means a complete list of examples of Copyright Infringement.

For further information regarding our Copyrighted Photographs, or to obtain permission to use them, please click here to contact us. You can also use resources of the U.S. Copyright office. You can go to their website by clicking here.

*Note: “PPA” stands for “Professional Photographers of America” (the world's largest nonprofit trade association for Professional Photographers). Bill Gardner is a PPA Photographer.

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