Modern technology has
turned taking photos, editing them, and then sharing them easier than ever.
However, this wonderful thing often works as a double-edged sword for
photographers and their subjects. There are several misconceptions about
the Intellectual
Property (IP) law emphasizing who owns photos, what sorts of
photos are fine to take, and what one can do with his/ her photos. As Privacy
and Copyright
Law related to photography is complicated and intricate, it
usually raises plenty of myths and misunderstandings. Hence, learning regarding
the basics of laws concerning photography is more vital than ever before.
No matter whether
you’re a professional or just a hobbyist, the law applies to you. Therefore,
breaking the law by either taking or sharing a photo that’s not allowed, or
illegally using someone else’s photo, can make you fall in a lot of trouble. It
can cost you thousands of dollars or rupees as legal penalties. Here, we’d
provide you with all the statistics that every photographer should know
about Copyright Protection in India.
How Can Photographers
and Photographs Be Protected in India?
In India, photographs
are protected as artistic work under Section 2 (c) of the Copyright Act
1957. Since the quality of photos is immaterial to qualify as an artistic
work, a bad photograph can also be protected. The essential aspect for the
protection of a photograph under this section is that it must be an original
work. As per section 25 of the Copyright Act, the photographs can receive
protection for 60 years from the date of publication. It means the date on
which one has taken the photo; there’s no need to get it actually published in
any magazine.
The copyright term
varies in different countries. For instance, the duration of Copyright
Protection in the US and EU is 70 years, while the Berne convention
provides copyright protection for 50 years.
As far as the Indian
Copyright Act is considered, it is in obedience with various international
treaties like the Universal Copyright Convention 1951, the Agreement on
Trade-Related Aspects of Intellectual
Property Rights (TRIPS) Agreement of 1995, and the Berne
Convention for protection of Literary and Artistic works 1886. Just like the
International Copyright Order has been passed to secure the copyright in member
nations of the convention and agreement, the foreign artistic works are
provided protection in India. Typically, the creator is the first owner of the
copyright on a work created by him/ her according to the Indian Copyright Act.
However, in the case of photographs, the photographer is considered to be the
first owner unless there’s an agreement to the contrary. It means if your
friend takes a stunning photograph, then he/ she owns the copyright to that
particular image even though you are the owner of the camera used here. Note
that the rights of the Photographer include the right to reproduce the
photographs, to make any change in them, publish them, etc.
Is it Mandatory to
Register the Copyright in Photographs?
Since copyright
protection commences as soon as the work gets created, Copyright Registration in India is recommended but
not mandatory. So it’s completely the photographer’s choice whether to get his/
her work registered as copyright or not. Under the Copyright Law of India, the expression of an idea is
copyrightable but not the idea per se. For example, if you take a photo
of the sunset view and someone else also takes a picture of the same view, you
can’t stop him/ her. Nonetheless, if he/ she uses your photo of the sunset on
his/ her product, then you possess the right to stop him/ her under Section 51
of the Copyright Act intended to protect photographers’ copyright infringement.
The Courts in India also have held that the publication of a photograph by any
other photographer without the original photographer’s permission by copying it
from any published material is considered as Copyright
Infringement. Nevertheless, individuals or groups other than
photographers may use the published photograph without any intention of
obtaining undue profits from it. If a person wants to use photographs for
purposes like teaching, research, legislative, judicial proceedings, then he/
she is allowed to do so without the prior consent of the photographer, because
this type of use falls under the principle of fair use.
The Copyright Act 1957
is a remarkable Act that effectively defends the Photographer’s Copyrights in India. It ensures protection for not just
the traditional paper photographs but online photographs as well even though
not expressly mentioned. With a robust legal base to protect copyright, the
existing law can competently overwhelm the challenges posed even by the rapidly
advancing technology. Nonetheless, to ensure comprehensive protection, all
(photographers and those who wish to use the photographs) should be aware of
Copyright Law and Act in an appropriate way. Hopefully, this article has
provided you with a lot of useful information. If you are still looking for any
other statistic related to copyright protection in India, it will be better to
consult a deft IP Attorney. You can also look for an experienced Intellectual
Property Law Firm in India. For more visit: https://www.kashishipr.com/
Don’t forget to follow us on social
media:
Contact
- US
