As a result of Modern technology, capturing photographs, editing them, and then sharing them are more accessible than ever. However, this incredible thing often works as a double-edged sword for photographers and their subjects. There are several misunderstandings about the Intellectual Property (IP) Law emphasizing who owns photos, what sorts of pictures are acceptable to take, and what one can do with his/ her photographs. As Privacy and Copyright Law related to photography is complex and intricate, it usually raises plenty of myths and misinterpretations. Hence, learning the basics of laws concerning photography is more vital than ever before.

It doesn’t matter if a person is a professional photographer or just a hobbyist; the Law applies to everyone. Hence, breaking the Law by either taking or sharing a photo that’s not permitted or illegally using someone else’s photograph can make a person fall into a lot of trouble. It can cost them thousands of dollars or rupees as legal penalties—Here’s to provide you with all the statistics of Law relating to photography and the right of photographers over their content.

Photography in accordance to Indian Copyrights Law, 1957

In India, under section 2(c) of the copyrights act, 1957 photographs are protected as artistic work (the picture must be original). The photograph’s quality is immaterial. A photograph will be protected even if it’s shoddy work. In accordance to section 25 of the copyright act, the photographs are given copyrights for a period of over 60 years from the day it has been published. Publication doesn’t just mean publishing in a magazine or newspaper; it implies everywhere. The copyright law differs in every country, the duration too. The Indian copyright law is in compliance with many international treaties such as artistic work 1886 and Bernie convention of literary, the agreement of intellectual property rights agreement 1995. The international convention has been passed to protect the member country from the convention and agreement. in accordance to that, foreign artistic work are given protection in India. The photographer is the first owner of the copyright because. He/she will remain the first owner unless entered into a contract. Even if one owns a camera and their friend captures a photograph, which is stunning, the friend owns the image and credits copyrights.

Role of consent and publication- When a person is asked to pose for a photograph, in the absence of an agreement to the contrast, publication of the photograph may not be possible without the person’s consent. But when a man takes a photograph of the unposed people, no such approval may be necessary for publication.

In the case Cadbury India Ltd. v. S.M. Dyechem, if a man who is not an expert in the artistic work sees the visual and if it appears to him that the work is the replica of some other work, then it would result in the infringement of the artistic copyright.

Rights of photographer over their content –

The photographer’s rights are the right to produce, make adaptations of their work, and publish where they want to.

Registration

A photographer may register the copyright of the photograph. However, it is recommended but not mandatory for, the copyright commences as soon as the photograph comes into life. Under the copyright act, the expression of the idea is copyrightable but not per se. Section 51 of the Indian copyright act defends the copyright infringement of photographers. Any violation of the right of the owner/author amounts to copyright infringement.

A client before selling the photograph, it is mandatory to get permission from the photographer. Despite the client’s ownership, a photographer should make sure that neither of them will be using it for commercial purpose. If in case of the use, they have to get permission.

Infringement of copyright and remedies

In Kesari Maratha Trust v. Devidas Tularam Bagul, the Bombay High Court held that the publication of photographs without permission of the photographer by copying them from another published material is an infringement of the copyright photographs. However, a person other than a photographer may use the photograph without any malafide intention of attaining any profit from it, such as using the photograph for teaching/research purposes and judicial proceedings.

With the appearance of new social media platforms and many photo-sharing apps, the imminent risk of a possible copyright infringement through the sharing of photos is now an ever-present phenomenon. In a simple “click-of-a-button” world, it is easy to forget about the potential legal consequences and implications of what we do on social networks.

For example, in 2013, a Haitian photographer, Mr. Daniel Morel won his major copyright victory after a four-year-long struggle over specific photographs of he took of the 2010 earthquake which occurred in Haiti. he posted it on social media. Initially, his photographs were posted on a website known as “TwitPic,” which allows users to put up pictures on Twitter. However, the issue emerged when those pictures were reposted by another user known as Lisandro Suero, who claimed they were his property. Further, Agence France-Presse and Getty Images distributed and sold these photos to their clients for money. Mr. Morel eventually succeeded in his action against the infringement of his rights and was awarded a sum of awarded him $1.22 million.

Remedies

There are three types of remedies against infringement of copyrights: criminal, civil, and administrative.

Criminal remedies (Sections 63 – 66 of Copyright Act, 1957) deals with the imprisonment of the accused person and their imposition of fine or both, seizure of infringing copies, and the delivery of infringing copies to the owner of the copyright.

As provided in the Copyright Act, 1957 (Sections 54 – 62), civil remedies deal with damages, injunction and accounts, delivery of infringing copies, and conversion damages.

Administrative remedies consist of moving Copyrights to ban the imports of infringing copies into India and the delivery of infringing copies seized to the owner of the copyright.

Conclusion

The Copyright Act, 1957 is exhaustive, which can effectively safeguard the rights of photographs posted on social media websites and photographer rights in India. This is because the Law protects detailed copy/paper photographs taken and online posting of photographs. The damage claim appears to be one of the most common remedies for such infringement. The lawmakers took a staunch step by categorizing photographs in the artistic category, thereby widening the subject-matter of copyright. The existing copyright law can competently overcome the latest technology challenges and has a solid legal base for protecting copyright.

 Reference –

 1- https://copyright.gov.in/documents/copyrightrules1957.pdf

 2- https://www.kashishipr.com/blog/what-photographers-need-to-know-about-copyright-protection-in-india/#:~:text=How%20Can%20Photographers%20and%20Photographs,photograph%20can%20also%20be%20protected.

 3- https://lens.blogs.nytimes.com/2013/11/23/haitian-photographer-wins-major-u-s-copyright-victory/#:~:text=On%20Friday%2C%20the%20Haitian%20photographer,Images%20willfully%20infringed%20upon%20Mr.&text=Morel%20hours%20after%20the%20earthquake%20on%20Jan.

 4- https://www.bbc.com/news/magazine-30936314

 5- https://www.lawyerservices.in/Kesari-Maratha-Trust-Versus-Devidas-Tularam-Bagul-1998-05-06

 6- https://indiankanoon.org/doc/44410582/