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ARTICLE · 23 AUGUST 2019

Copyright And Photography

In honour of World Photography Day, we consider how copyright affects photography and look at some famous copyright disputes.

United KingdomIntellectual Property

In honour of World Photography Day, we consider how copyright affects photography and look at some famous copyright disputes.

Copyright is a form of intellectual property right which subsists in original creative work, including artistic work. Artistic work is defined in the Copyright, Designs and Patents Act 1988 to mean:

  • a) a graphic work, a subset of which includes photographs, irrespective of artistic quality;
  • b) works of architecture being a building or a model for a building and;
  • c) works of artistic craftsmanship.

For photographs, the photographer is the copyright owner subject to certain exceptions (e.g. if employed to take photography, the photograph is owned by the employer unless there is an agreement to the contrary).

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