Can You Own Copyright of a Digital Photo That Contains Another Photo?

It is a common question to ponder whether you can own the copyright of a photo that is taken of another copyrighted photo. This article will delve into the nuances of copyright law in relation to such scenarios and provide guidance on how to ensure proper compliance when using these images.

Overview of Copyright Ownership in Photography

The general rule is that only the original creator of a copyrighted work can own the copyright. Therefore, if you photograph a copyrighted image held by someone else, you do not automatically own the copyright of your photograph. This situation can be further complicated by the fact that you do not have the right to create derivative works without permission from the original copyright holder.

Legal Precedents and Exceptions

Although it may seem counterintuitive, according to the case of The Independent Magazine UK (22 August 2015), it is possible to use a photograph of a publicly available photograph without violating the original copyright. The print, in this example, was found to be in the public domain, but the copyright of the specific print was still held by the photographer and the gallery.

Charles Jones, a 19th century gardener and photographer, has a series of images that entered the public domain as they are more than 100 years old. However, if the photograph is more recent, the copyright remains with the original photographer, and you need their permission to use it.

Using Photos of Public Domain Photos

If a photograph you wish to use is of a public domain image (e.g., an old newspaper clipping or an antique print), there is less risk of infringing on copyright. The key is to ensure that the original image in your photo is sufficiently altered and not recognizably the same as the original. If you add significant alterations, such as coloring the image in a unique way, you can claim copyright over your derivative work.

Consequences of Violating Copyright

Copying a photo without proper permission can lead to severe legal consequences, including financial damages and injunctions to stop further use of the copyrighted material. Additionally, you may face reputational damage if the original copyright holder decides to publicly denounce your actions.

Practical Guidance for Photographers

To avoid any potential legal issues, photographers should strive to obtain permissions to use any copyrighted images within their work. If you are unsure about the copyright status of an image, it is much safer to seek permission. Remember, while public domain works do not require permission, it is always best to credit the original creator where possible.

Conclusion

In conclusion, you cannot own the copyright of a photo you took of another photo unless you have made significant alterations that transform the image into a new derivative work. Always ensure to adhere to copyright laws, seek permission when necessary, and credit the original creator to avoid legal complications.