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The Copyright Act of 1976 states that:
• A copyright comes into existence automatically and immediately at the moment the work is created
•
By law copyright belongs to the creator.
• A customer who
commissions and purchases a photograph does not thereby obtain ownership of the copyright.
• Any assignment transferring ownership of a copyright to a customer must be in writing.
• A business that copies photographs commercially has a legal duty to assure that a requested copy is lawful before filling the order.
• It is illegal
for anyone to violate any of the rights provided by the Copyright Act. There are civil and criminal remedies for copyright infringement.
What is Licensing?
Copyright owners can assign, or "license" varying
levels of permission to others for the purposes of copying, publishing, altering, or otherwise using their work, without relinquishing ownership of the original. Some of the common types of usage that may be granted,
usually for a fee, are as follows:
All Rights
The buyer can hold exclusive rights to use an image. These rights may be limited to a specific time period or media. The creator may still retain the copyright.
Buy-Out
The buyer receives all rights to the image and its copyright. The creator gives up
all rights, control over future use, and payments for additional publication.
Collateral Uses
The buyer may use the image for separate, but related uses such as packaging.
Distribution Rights
The buyer is limited to using the image in a specific geographic or market area.
Exclusive Rights
The buyer can use the image exclusively within a limited time
frame, medium or other criteria.
Non-Exclusive Rights
The buyer cannot be guaranteed, nor claim, first use of the image.
One-Time Rights
Allows the buyer to use the image only once in a certain medium. Further use must be negotiated. This license does not guarantee that
the image has not been used by other buyers.
Specific Rights
The buyer is granted usage rights only that are spelled out in the contract and/or invoice. |
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