By Attorney Brendan Conley

People often have misconceptions about copyright on photographs and other images. Many photographers and other visual artists have questions, such as: Do I have to register my copyright? Do I lose the rights to my photographs when I post them online? What can I do if my photo is used without permission? What is fair use? What is Creative Commons? How do I issue a DMCA takedown notice?

I wrote these answers because I kept noticing confusing or incorrect information showing up in Internet discussions about these issues, and I wanted to provide a reference guide that people could turn to for accurate information. I hope that it is useful to you.

Please note: This website mainly addresses U.S. copyright law, which is a field of study for me, not a current practice area. This website presents general legal information and the sources of that information; it does not constitute legal advice and your use of it does not create an attorney-client relationship. For additional information, please consult the links, footnotes and recommended resources.

I cannot give advice about any specific situations you may encounter, but if you have a general question that I didn’t answer, or another perspective to share, please Leave a Comment.

Contents:

Copyright Basics

• What is copyright?
• Do I need to register my copyright?
• How do I register my copyright?
• I posted my photo online. Does that mean it is “published” for registration purposes?
• What is preregistration of copyright?
• Do I need to post a copyright notice with my work?
• Can I use a range of dates in a copyright notice?
• Do I have to deposit copies of my photos with the Library of Congress?
• How long does copyright last? Do I need to renew my copyright?
• Why do copyrights expire?
• Can I buy or sell the copyright to a photograph?
• Who owns the copyright to a work made for hire?
• Does a photograph need to be “original” to be copyrightable?
• Can I sue a copyright infringer if I did not register my copyright?
• Are there time limits for filing a copyright infringement lawsuit?
• What is “poor man’s copyright”?

Posting Online

• Can I lose my copyright if I post my photos online?
• When I post to Instagram, Flickr, Imgur, Facebook, Twitter or Tumblr, do I lose the copyright to my photos?
• What are the copyright terms for Instagram?
• What are the copyright terms for Flickr?
• What are the copyright terms for Imgur?
• What are the copyright terms for Twitter?
• What are the copyright terms for Tumblr?
• What are the copyright terms for Facebook?
• Does posting a special Facebook status update help protect my copyright?
• Are photos posted online in the public domain?
• Where can I find free or public domain images?

Protecting Your Photos

• How can I protect my photos from copyright infringement?
• How can I use metadata to protect my photos?
• Does a watermark provide any copyright protection?
• My photo was used without permission. What can I do?
• How do I issue a DMCA takedown notice?
• Should I send a copyright infringer an invoice?
• Should I sue a copyright infringer?
• How much are statutory damages in a copyright case?
• How are actual damages calculated in a copyright case?
• Can I get a court order forcing an infringer to stop using my photograph?
• Will a court award attorney’s fees in a copyright case?
• What are the damages for removal of copyright management information under the DMCA?
• Can I file a copyright infringement lawsuit without a lawyer?
• Can I file a copyright infringement lawsuit in small claims court?

Contracts and Other Rights

• What kind of photography contract should I use?
• Do I need a model release?
• What can I do about an unfair contract regarding rights to a photograph?
• Can I be sued over my photographs of a copyrighted toy or other product?
• Do my photographs of someone else’s artwork infringe copyright?
• Can a building be copyrighted? Do I need a property release?
• Do I own the copyright to photos taken of me?
• Do I own the copyright to photographs of my own wedding?
• How does the right to privacy affect photographs?
• How does the right to publicity affect photographs?

Fair Use, Licensing, and Excuses for Infringement

• What is fair use?
• Can embedding, hotlinking or inline linking constitute copyright infringement?
• Are thumbnails fair use?
• Is only using a portion of a photo fair use? How much does a photo have to be altered to be fair use?
• How should I license my photos?
• What is Creative Commons?
• Should I license my photographs with Creative Commons?
• Which Creative Commons license should I use?
• What is “commercial use” in a Creative Commons license?
• Are news websites allowed to use photographs without permission for “editorial use”?
• Can a photograph be licensed just by using a certain hashtag?
• What if an infringer states, “I do not claim any rights to this photo”?
• What if an infringer claims they made no money from the use of a photo?
• What if an infringer claims they used the photo by mistake?
• What if an infringer claims they didn’t know the photo was copyrighted?
• Are there penalties for false copyright claims?
• Is profiting from public domain images allowed?
• What is copyfraud?

Other Issues

• What’s wrong with copyright law and how can we make it better?
• Does copyright law protect me from infringement by someone in another country?
• How would proposed Orphan Works legislation affect copyright?
• How would the Trans-Pacific Partnership affect copyright?

Recommended Resources

This website is copyright 2017-2023 by Brendan Conley. All Rights Reserved. If you wish to share it with others, please do so by linking to this page.We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. Many photographs featured on this site were kindly released into the public domain with a CC0 designation by the photographers through unsplash.com and pixabay.com.