Copyright, Trademarks,
and Model Releases
Meeting the legal requirements of the microstocks is sometimes diffi -
cult and frustrating. In this chapter, I want briefl y to consider the
practicalities of compliance with what is, for shorthand, often referred
to as “copyright issues,” with model releases, and also with some more
general but related legal issues.
First up, though, a warning: this chapter contains general guidance
only and is based on English law; it is not a substitute for proper and
specifi c legal advice, nor is it a defi nitive or complete statement of the
law. The law applicable to you will vary depending upon where
you live or where the photograph was taken. There are also a wide
range of complex rules that may apply to certain sectors, such as fair
dealing and fair use defenses in the United Kingdom and United States,
respectively, that fall outside the scope of this book. Always check the
position and your particular circumstances with a lawyer in your own
jurisdiction and also consider the specifi c requirements of the micro-
stock sites to which you contribute.
Copyright
Copyright is an unregistered right in the expression of an idea, such
as a photograph or painting, that comes in to effect as soon as a work
is created. With photography, the moment you press the shutter release
and take a photograph, copyright in that photograph subsists without
the need to register anything.
While photographers usually own the copyright in any photograph
they take, there are exceptions:
- If the photograph is taken in the course of employment, then the employer usually
owns the copyright. - A contract under which the photo was taken may assign copyright to someone else.
Even if it does not, and you own the copyright, in English law, the commissioner of