This guide introduces foundational concepts for understanding copyright as it applies to photography.
Photo by Tim Gomes from Pexels
Copyright is one branch of intellectual property. Other branches include patents, trademarks, and industrial design.
It protects all original literary, artistic, dramatic, and musical works. This includes books, films, paintings, sculptures, photographs, graphic designs, and even computer code (which is textual or 'literary' in nature).
Originality is an important concept in copyright law. A work must be considered original to earn copyright protection.
Copyright protects the expression of an idea, rather than the idea itself. So, if someone scoops an idea you had for a shot, it is unethical but not necessarily copyright infringement.
In Canada, copyright lasts for the life of the creator +70 years.
Thereafter, copyright expires and the work enters the public domain. Works in the public domain can be used freely without payment or permission from the copyright owner.
The copyright symbol © we are accustomed to seeing is optional. It is a visual reminder that a work is protected by copyright. All online works are protected by copyright, unless there is a notice stating otherwise.
Copyright infringement occurs when a person does something with a copyright-protected work that only the copyright owner is entitled to do (i.e. copy, distribute, display, perform, or adapt a work) without the copyright owner's permission.
Copyright protection is automatic. A work is protected by copyright as soon as it is fixed in physical or digital format. For example, a photograph is protected by copyright as soon as it is captured on film or saved to a memory card.
Creators also have the option to register their copyright with the Canadian Intellectual Property Office. This serves as proof of ownership if needed. You can search for registered works in the Canadian Copyright Database.
Please note that the information provided on this site is for educational purposes and is not intended as legal advice.