Understanding Copyrights

Copyright law can be very complicated and can be difficult for most people to understand. But, it is important to understand that copyright laws are necessary to protect the interests of the artists.

Artwork, including writing, photographs, paintings, drawings, illustrations, films, etc. are intellectual property. They are the result of a person's imagination, talent, creativity and skills and are protected by the U.S. Federal Copyright Laws and the Berne Convention. Without these protections, it would be very difficult for an artist to control the use of their work.

Using an artist's work without their permission is stealing. The artist's permission must be obtained before any use takes place. Failure to do so can result in very severe financial penalties. Penalties can run as high as $100,000 in statutory damages plus court costs and attorney fees.

To help understand the copyright laws, The Picture Agency Council of America (PACA) has put together a simple list called "The Copyright Commandments" which I have listed here for your convenience. Please understand the law before you use someone's art work without their permission.

The Copyright Commandments

When it is created, it is copyrighted. Use the copyright notice.
The artist or their agent has the exclusive right to exploit the copyright in each image. That right is for the life of the artist plus 70 years.
Permission to use a copyrighted photograph for any purpose whatsoever must be obtained in advance in writing to avoid possible violation of the federal law on copyright.
Any unauthorized use constitutes infringement.
Penalties for infringement are monetary and can be severe.
Combining, altering or scanning photographs or any part thereof, including electronically, is an exclusive right held by the photographer and permission to combine or alter should be obtained in writing prior to any such changes or uses.
Exceeding the terms of a license has been held to be an infringement. A new license is required prior to additional use.
An artist's rendering of a photograph in another medium is a derivative use of an image and does require written permission of the copyright owner prior to use.
Recreating a copyrighted photograph is a derivative use and therefore requires the permission of the copyright holder of the original image.
Reference use of a photograph or any part thereof requires the permission of the copyright holder.

Understanding Copyrights

The Copyright Commandments

Don Browning Photography