Copyright and images: What you need to know
Copyright is an essential issue for photographers, illustrators and anyone else who creates original work. Here, we answer the most common questions on copyright and images.
Copyright is a subject that’s frequently misunderstood, both by the creators of artistic work and their audiences.
Many misunderstandings stem from a handful of oversimplified beliefs around the ownership of copyright and the extent of its protection. Copyright over an image doesn’t necessarily always automatically belong to the photographer, for example, nor does it last indefinitely. UK and US copyright laws also make it clear that work protected by copyright can be used in limited ways by others, without any authorization from the copyright holder.
The issue of copyright is further muddied by the evolution of image-sharing platforms and social media networks, which has led to a number of well-publicized legal cases. Rights-grabbing, which describes the practice of an organization claiming unreasonable rights to an image that was submitted for a specific purpose, has also been a subject of focus in recent years.
While it’s worth keeping an eye on legal rulings in individual cases that regard copyright matters, the key principles on copyright rarely change in any significant way for photographers. In the UK, works are protected by the Copyright, Designs and Patents Act 1988, while the 1976 Copyright Act protects works in the US.
Understanding the basics of what copyright means for the use of your images – especially if they are destined for any kind of publication – will not only help you to appreciate what rights you have over your own work, but it should also help you to understand what’s permissible when it comes to using work created by others.
Here, we answer the most common questions around copyright over images.
What is copyright?
Copyright is a collection of rights that provide the holder with certain privileges over creative works. It is a form of intellectual property, and also a human right.
Photographs, illustrations, graphics, literature, and music are all considered creative works. What differentiates them is the skill or creativity involved in their creation.
Copyright over photographs allows the holder – usually the creator – to control how the work is used, reproduced, and adapted. It also enables them to collect royalties and take legal action if their rights are infringed.
Do you need to apply for copyright for your own images?
No. Copyright is yours as soon as you capture an image, and it does not need to be formally registered.
Why register for copyright if you already have it?
Most countries don’t offer a registration system, but in the US, registering with the U.S. Copyright Office can help prove ownership and is required before filing an infringement suit.
How do I know an image is subject to copyright restrictions?
If an image isn’t your own, you should assume it is protected by copyright. Attribution may be visible via watermarks or metadata, but absence of this does not imply public domain.
Whether you can use the image depends on how you intend to use it.
The Public Domain Mark indicates an image may be free from copyright, often due to expired rights. Learn more on the Creative Commons website.
Why attach copyright information to an image you own?
A copyright notice reminds viewers the image is protected and discourages unauthorized use. Metadata helps prove ownership, even though it can be edited. Learn how to add copyright info to your images.
The Content Authenticity Initiative by Adobe, Twitter, and The New York Times aims to standardize metadata and editing records to verify content origin and integrity. Read more about it.
Can I copyright an idea?
No. Copyright only applies to tangible creations like a physical photo, negative, or digital file.
If I take photos for work, does my employer own the copyright?
Yes, typically. Employment contracts often assign copyright to the employer for work-related creations.
Is owning the copyright the same as owning the image?
Generally yes, unless it’s work-for-hire. Selling or gifting a print doesn’t transfer copyright. Licensing allows use, but copyright remains with the creator.
Can I use someone else’s image without permission?
Usually not. Exceptions under ‘fair use’ (US) or ‘fair dealing’ (UK) include private study, review, criticism, or parody – with proper credit and minimal usage.
How do copyright-free images work?
Creative Commons Zero (CC0) allows unrestricted use. It differs from the Public Domain Mark in that only the creator can apply CC0. Sites like Unsplash offer copyright-free images, but use of branded/celebrity content may still have limitations.
Can more than one person hold copyright?
Yes, through joint copyright. This typically applies when contributions to a work cannot be distinguished.
Does copyright last forever?
No. It typically lasts for the creator’s lifetime plus 70 years. In the UK, this applies to works created after 1 August 1989; in the US, after 1 January 1978. For joint works, the term extends 70 years beyond the last surviving author’s death.
Can I sell the copyright to my images?
Yes. You can sell or gift copyright, though most photographers prefer licensing. Moral rights cannot be sold but can be waived.
Does selling a print transfer copyright?
No. Copyright remains with you unless formally transferred. Buyers can’t reproduce or sell the image.
Does publishing an image change your rights?
No, but publishing (e.g. on social media) may grant platforms certain rights through their terms. Learn more about social media rights.
What is an orphan work?
Orphan works are protected images with unknown or untraceable copyright holders. In the UK, using these legally often requires licensing and proof of diligent search.