In today’s digital age, the world of photography has undergone a transformation. Gone are the days when only professional photographers had the means to capture images. Thanks to the widespread availability of smartphones, virtually anyone can take a photograph, and what may surprise many is that these seemingly everyday snapshots can potentially hold copyright protection. In this article, we will delve into the intricacies of copyright law as it applies to photographic works, shedding light on what photographers need to know to safeguard their creative efforts.
Copyright Protection for Photographic Works
Copyright protection extends to photographic works, irrespective of their quality, as long as they meet two fundamental conditions: originality and fixation in material form. Unlike patents or trademarks, copyright law protects the expression of ideas rather than the ideas themselves. In the context of photography, this protection is afforded to the photograph itself, be it in a tangible or digital format.
In Uganda, copyright protection extends to various categories, including original literary, musical, artistic, and scientific works, as well as their derivatives. Originality here signifies that the work is the result of an individual’s independent creative effort, and it does not necessarily demand novelty.
Authorship and Ownership in Photographic Works
In most jurisdictions, copyright law attributes initial ownership of a photograph to its author unless a contrary agreement exists. However, this straightforward principle can be subject to exceptions. For instance, in cases of work made for hire or in an employer-employee relationship, the owner of the work may differ from the author. It is crucial for photographers to clarify copyright ownership status through contracts before embarking on projects.
Under the Ugandan Copyright and Neighboring Rights Act (CNRA), copyright for works created during employment or commissioned by another entity vests in the employer or commissioner unless a contract dictates otherwise. Hence, establishing copyright ownership before starting work is imperative.
Copyright law also recognizes the possibility of joint authorship, where multiple individuals contribute to a work. In such instances, joint owners hold equal rights, unless they agree otherwise. Ugandan law stipulates co-author’s rights, ensuring equal ownership and shared rights in jointly created works, unless a particular part is identified to have been made by each person.
Rights under Copyright
Copyright law grants both moral and economic rights to authors and owners of copyrighted works. Moral rights are exclusive to the author, remaining non-transferable and perpetual. These rights encompass the ability to claim authorship, seek recognition, and withdraw the work from public circulation. Economic rights, on the other hand, can be exercised by either the author (if also the owner) or the lawful owner, and they include the right to publish, reproduce, distribute, commercially exploit, and control the work’s use. These rights empower photographers to protect and dictate the use of their work.
Photographs on Social Media
In the digital age, social media platforms serve as an arena for sharing creative works. When uploading photographs or any copyrighted content on social media, it is crucial to comprehend the platform’s terms and conditions. In most cases, the original copyright owner retains their rights. Utilizing a copyright notice can be beneficial to assert your copyright, whether or not your work is registered.
Should You Register Your Photographs?
While copyright protection is automatically conferred upon creating an original work, registering your photographs offers several advantages. In Uganda, the Uganda Registration Services Bureau handles intellectual property registration and maintains a register of copyrighted works. Registering your work provides evidence of ownership, simplifies identification, and strengthens your position in cases of copyright infringement.
Regarding registration, Ugandan law does not explicitly address the submission of works as a collection. However, it allows for the inclusion of multiple works in a single registration certificate, hinting at the possibility of registering more than one photograph at once. In contrast, the US Copyright Office for example allows for registration of photographs in groups of no more than 750 in one application created by the same photographer.
Duration of Copyright Protection for Photographs
The duration of copyright protection varies between countries. In Uganda, the economic rights of an author extend throughout their lifetime and fifty years after their death. It is important to note that the duration may vary for different categories of works, such as photographic works. For instance, in Uganda, economic rights in photographic works persist for fifty years from the date of creation, while moral rights endure perpetually.
Third-Party Rights & Infringement
Photographers must exercise caution when photographing and publishing copyrighted works without permission from the copyright owner. If a photograph includes other copyrighted works, respecting the moral and economic rights of the original authors is essential, including attributing the work to its creator.
In the ever-evolving landscape of digital photography, understanding copyright law is pivotal for photographers (amateur or professional) . As creators and potential copyright holders, photographers should be aware of their rights, the implications of joint authorship, the benefits of registration, and the nuances of copyright duration. By navigating these aspects of copyright law, photographers can protect their creative works and contribute to a thriving and respectful creative economy.
