The Official Kunvay Blog

Learn how to navigate copyright and intellectual property ownership smartly so you own your work, and own your future.

5 Facts You Didn’t Know About Photos & Copyright

Photo Credit: Golden Gate Bridge - Photographing World's Most Photographed Place by Anirudh Koul used under CC BY-NC 2.0

Photo Credit: Golden Gate Bridge – Photographing World’s Most Photographed Place by Anirudh Koul used under CC BY-NC 2.0

Photography and copyright can be tricky subject matter.

For most of us, copyright violations rather than copyright facts bring issues to light, so we learn by the mistakes of others.

This path, however, leaves room for the spread of rampant misconceptions about the proper application of the law.

The risks are high, too. These days copyright violations can lead to hefty fines and even criminal charges in some instances. At least, infringers can expect a pushy take down email with a lawyer’s threat of court time. Clearly, it’s essential to know key facts.

Even though photographic copyrights can get complicated, the facts can bring clarity and clear up confusion.

Granted, it’s not always pleasant to discover all the sharing you’ve been doing on your Tumblr feed is probably actionable in court should the photographer choose to pursue it, or to realize that the fellow you verbally abused via email for copying your Instagram photo might actually have a good claim under the fair use doctrine.

Still, when it comes to photos and copyrights, it’s always good to get the facts first.

Fact 1: The minute someone snaps the shutter, that person owns the copyright.

This seems straightforward. Copyright is a right of ownership in original works fixed in a tangible form. A photo fits easily in this category. Unless there is a contractual agreement declares otherwise, the person taking a photo owns its copyright. Some have raised the idea that a photo is a mechanical representation of fact. Even with this description, a photo is definitely the original expression of the photographer, in tangible form.

Things get tricky when Continue reading

Why You Don’t Own Your Wedding Photos: How to Own Your Wedding Day & Copyrights to Your Wedding Day Photos

Wedding Photos Copyright - Photo Credit: iStock PhotoPsssst.

Did you know that few people really own their own wedding photos?

It’s a little known fact that most people are shocked to discover.

However, after reading this post you’ll understand why wedding photos are the most expensive photos of a lifetime that most people don’t own and more importantly, how you can avoid this common wedding-day fail and own your wedding day AND your wedding photos.

A wedding is such a personal matter. Many automatically assume full ownership of wedding photos belongs to the happy, new couple.

They figure the wedding photographer is merely someone paid to render a service, and never imagine that, in actuality, ownership belongs solely to the photographer.

It’s a matter of copyright right law, and a finicky one at that.

Owning Your Wedding Day, Doesn’t Mean You Own Your Wedding Day Photos

Here’s the scenario: With the wedding only weeks away, the future Mr. and Mrs. Nuptial are planning their wedding photos.

They’ve hired the magnificent Mr. Flash, a very popular wedding photographer whose reputation precedes him.

The Nuptials, having seen his work, are thrilled to have him on board. In a brief meeting, Mr. Flash describes the details of the pre-wedding photo shoot as well as the arrangements for wedding day pics.

Trusting his experience and reputation the Nuptials agree. Everything is set.

After the wedding, the Nuptials are back from their honeymoon and excited to see the lovely photos of their beautiful day. More importantly they want copies to share with friends and family.

They dial up Mr. Flash and speak with his assistant. She quickly informs the couple, to their utter dismay, in order to take any photos home, they’ll have to pay a whopping expense for each extra print.

Doesn’t seem fair, right? Or, does it? Continue reading