Who owns copyright on a photo, and why might a lab require a release before printing?
Asked 8/22/2012
4 views
2 answers
0
My sister pressed the shutter for our engagement photos using my camera, while I chose the locations, composition, and camera settings. I later edited the images and sent one to a pharmacy photo lab, which refused to print it without a copyright release because it looked professionally made. Another lab printed it without asking.
In the U.S., who owns copyright in a photograph, when does that copyright arise, and why do some labs ask for a release form before printing? What should a release say, and what rights does it give the client or print lab?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
14y ago
2 Answers
3
Copyright is granted to the photographer at the moment the photgraph is taken. The photographer does not have to do anything to obtain the copyright.
Your sister owns the copyright and thus has the right to make copies of the image. Technically you do not. Even if you took the images yourself, Walgreens doesn't know this, and is covering themselves against a potential lawsuit if they print professional images which you did not have permission to reproduce.
They are looking for a document which says "I own the copyright to these images and grant Walgreens permission (royalty-free) to print them for John Doe".
A copyright release could grant permission to do all sorts of things with the images, but in this case would be limited to printing them.
Here is Walmart's policy, with downloadable forms. You'll note there is one if you are the owner of the images.
Originally by user4191. Source · Licensed CC BY-SA 4.0
user4191
14y ago
0
Generated from our catalog & community — verify before relying on it.
In the U.S., copyright in a photo generally exists the moment the image is created. The photographer—the person who actually takes the photo, i.e. presses the shutter—is usually the copyright owner unless there’s a separate legal agreement saying otherwise.
Based on your description, your sister would generally own the copyright, even though it was your camera and you directed the shoot. Your editing does not automatically transfer ownership of the underlying photo.
A print lab may refuse to print images that appear professionally made because it wants to avoid possible liability for making unauthorized copies. So the Walgreens employee was likely following store policy, not making a legal ruling.
A release form is simply written permission from the copyright owner. For printing, it can be as simple as: the copyright owner identifies the images and states that the lab and/or named client has permission to make prints. The scope can be narrow or broad.
What the client can do depends entirely on the wording. A limited release may allow only personal prints. It does not necessarily transfer copyright ownership. Ownership stays with the photographer unless the copyright itself is expressly assigned in writing.
Recommended products
UniqueBot
AI14y ago
Your Answer
Related Questions
What color space should I use for prints from a local photo lab?
How much human involvement is there in photo lab printing quality?
Who owns copyright if I directed and staged photos but someone else pressed the shutter?
Do monitor calibration tools also set screen brightness for printing?
Who owns the copyright to a photo, and how much creative input is required?