In general, photographs, illustrations, and other images are automatically protected by copyright.
As a result, whoever uses the work in question will need consent from the copyright owner. This includes duplicating the image and sharing it online.
So, what are the key things you need to be aware of?
Who is the copyright owner?
The copyright owner is typically the person who creates the work.
However, when it comes to photos it may depend on a few things, such as when it was taken. For example, if a photograph was taken before 1989, different regulations may apply.
If the image was created by an employee for work purposes, the employer is usually the copyright owner.
Additionally, the creator may choose somebody to license the work for them, license the copyright themselves, or assign it to another party.
Can there be more than one copyright owner?
Yes, if the work was produced by more than one person, there can be multiple copyright owners.
How long does the copyright last?
In the UK, copyright remains in place for the lifespan of the creator, plus 70 years after their death.
However, the duration of this will also depend on when the image was created.
What if the owner is anonymous?
If one or more of the copyright holders is unknown or cannot be located, the rules surrounding copyright remain.
In this case, the works are referred to as “orphan works”.
You can apply for an orphan works licence, but you will first need to undertake an Orphan works diligent search guidance for applicants.
For further guidance on intellectual property matters, contact our team today.