How Copyright Law Affects You

The digitization of photography is an extremely effective means of artistic communication for photographers. It also has begun a barrage of copyright concern not only for the creators of the artwork, but for the purchasers of digital imagery as well. That would be You.

I would venture to guess that unless you're a fairly pro photographer or a copyright lawyer, no one really knows how copyright law affects them and their photographic decisions with what they receive from photographers. This blog is here to clarify and to educate clients on the matter.

Please note that a photographer who seems to generate no limitations regarding watermarking, distribution or copyrighting is probably not a professional, as these matters are very serious both for the artist's integrity and also to safeguard clients in carrying out lawful actions regarding digital images. Photographers owe it to themselves to protect their work; they also have a professional responsibility to inform their clients and to protect them from engaging in illegal activity.

Federal Copyright Law states: 

The Copyright Act protects photographers by giving the creator of the photograph

the exclusive right to copy, edit and distribute the image by sale or transfer. These

exclusive rights make it illegal to copy, scan, edit or share photographic prints and 

digital media without the photographer's permission. 

Violators of this Federal Law will be subject to civil and criminal penalties.

Criminal penalties!? Well, what is that!? Mainly it's a range of infringement fees, court fees and/or attorney fees. Consider a range of $200-$150,000 for each work infringed. Yes, you better know your copyright allowances, or your hand made wedding album just greatly surpassed the cost of having your photographer create one for you.

You may immediately shrug this aside thinking, well if I utilize my images privately, no one will ever catch me doing whatever I may with my own images. Essentially true... until someone discovers it and is knowledgeable about Copyright Law, which thanks to the internet and honest people like me, more and more nobodies are becoming familiar with infringement. Also there's a thing called the Internet. As soon as something infringing gets published, it's more quickly subject to scrutiny.

Also, what the client owns is digital data, not the rights to copy, alter or distribute images without limitation. That right belongs to the creator of the image the second the image is shot.

All the aforementioned is federally enforced. I get my information and copyright infringement assistance from Professional Photographers of America, of which I'm a member. So they will come after you if you make an infringement. Now here's the good news for you. Photographers don't want to be demons, and (unless they are) they want you to enjoy your images, express yourself and create memories as best as they can allow given the rights they must maintain as creative professionals with integrity. Photogs can give you permissions as long as it is in writing and clearly communicated to you when you discuss employing them.

The following information [is going to make my blog really long, but] is also going to be included on my clients' flash drives going forward. This is helpful information, so please don't let textiness scare you off, because you're missing crucial stuffs. READ. 

This is how I grant permissions to my clients; other photogs may have different permissions and limitations. Always check.

What does my photographer ALLOW me to do with my images?

- YOU DO have written permission to make your own prints of images as long you do not alter
the images or remove the copyright watermark**. Check your consultation folder for a hard copy of
the Image Reproduction and Print Release. A soft copy will be included on your flash drive. (Prints, albums and artwork ordered from your photographer will not show a copyright watermark and will also include complimentary, more detailed retouching.)
- YOU MAY request image alterations from your photographer, free of charge. Purchase of prints
not necessary.
- YOU MUST show the Image Reproduction & Print Release document to your print producer
wherever you may take your flash drive to produce your own prints. It must be signed by you in order for your printer to make prints.
- YOU MAY share the Amkar Facebook sneak peek gallery of your images via social media sites.
- YOU MAY share your full online viewing gallery publicly. Any image shared digitally or online
must retain the green banner logo watermark.*
- YOU MAY display prints (either purchased from your photographer or printed yourself) in your
private space or for personal memory sharing, including insert style photo albums. If you print your own images, each image must retain the white text copyright watermark**.

What does my photographer PROHIBIT me to do with my images?

- YOU MAY NOT create digital photo books, albums or other pieces of art with your images IF design templates crop off the copyright watermarks.
- YOU MAY NOT crop, discolor, Photoshop or retouch images in any way. This is a violation of the photographer's original artwork, which is copyrighted by law at the moment the image was shot.
- YOU MAY NOT distribute or publish images for commercial purposes, including poster prints
displayed publicly and images used for online or print advertising.

If you have any questions about whether your plans for image use may infringe on copyright law, 
please discuss with your photographer. Reasonable requests may be accommodated.

* This is what the green banner watermark looks like. It appears on all images published online, including Facebook sneak peek galleries and full online viewing galleries hosted by amkarphoto.com. Anything clients choose to share digitally or online should have this watermark on it, including profile pictures for Facebook, LinkedIn, etc.

** This is what the white text copyright watermark looks like. This watermark appears on client flash drive images and must remain intact on each image should clients make their own prints or create their own artwork.