Intellectual Property for Photographers

In "Legal Pitfalls in Taking or Using Photographs of Copyright Material, Trademarks and People," Lien Verbauwhede, of the World Intellectual Property Organization answers the following questions:

1. MAKING PHOTOS OF COPYRIGHT MATERIAL

• When do you need permission from the copyright owner?
• Will the photograph contain an object that is protected by copyright?
• Has the term of the copyright expired?
• Will you use a “substantial part” of the work?
• Will you do something that actually constitutes an act which the copyright owner has the exclusive right to make?
• Does a special exception apply?
• From whom do you need permission?
• What if you reproduce a copyright work without permission?
• Do you need to identify the author of the copyright works you capture in your photographs?
• Can you make changes to a work?
• Can you copy ideas from a copyright work?

2. MAKING PHOTOS OF TRADEMARKS

• Can you freely take photographs that include trademarks?

3. MAKING PHOTOS OF PEOPLE

• What should you bear in mind when photographing people?
• Are people protected by intellectual property rights?
• When is a permission particularly recommended?
• Tips for Photographers

But keep in mind Verbauwhede's admonition: "It is true that the applicable laws of countries are, broadly speaken, similar. Yet, there are important differences. ii It is impossible to deal with here every law applicable to photographyiii, or to discuss the relevant laws of all the countries worldwide. This article, therefore, cannot be a substitute for legal advice in a particular business context. To know how the relevant laws apply to specific facts and circumstances, please seek advice from a competent local lawyer."