Photographs are protected by copyright, while the publication of photographs of people can also raise questions of privacy, consent and other legal rights.
Copyright protects original creative works. In the UK, photographs are recognised as artistic works under the Copyright, Designs and Patents Act 1988 (CDPA).
A photograph does not have to be considered a work of exceptional artistic quality to qualify as a copyright work. The important question is whether the photograph satisfies the legal requirements for copyright protection.
The photographer will normally be the author of a photograph and, where the photographer is the first copyright owner, will normally control the economic rights in the image.
There are exceptions. For example, photographs created by an employee in the course of employment can be subject to different ownership rules. Contracts can also determine who owns or may use the copyright.
Copyright gives the copyright owner exclusive rights over certain uses of the work. These include, among other things, copying the work, issuing copies to the public and communicating the work to the public.
These rights mean that someone who wants to use a copyright-protected photograph will generally need permission from the copyright owner, unless a licence, contract or statutory exception applies.
Copyright allows the rights holder to control and license uses of a photograph. A photographer can therefore grant permission for particular uses while retaining ownership of the copyright.
A licence may specify, for example, where a photograph may be used, for how long, in which media and whether commercial use is permitted.
Copyright generally arises automatically when a qualifying photograph is created. There is no general requirement in the UK to register a photograph in order for copyright protection to arise.
Although registration is not normally required, it can still be important to keep evidence showing who created the photograph and when it was created.
Photographers should therefore keep original RAW files, original image files, metadata and other information that may help establish authorship and the history of the image.
UK copyright law also recognises certain moral rights. These rights protect aspects of the relationship between the creator and the work.
In certain circumstances, an author has the right to be identified as the author of the work. For some types of work and use, this right must be asserted by the author before it becomes enforceable.
An author may, in certain circumstances, object to derogatory treatment of their work. This concerns alterations, adaptations or other treatment that amount to distortion or mutilation of the work, or that are otherwise prejudicial to the author's honour or reputation.
UK law also provides protection against falsely claiming that a person is the author of a work they did not create.
Certain moral rights can be waived in writing. Moral rights are therefore different from economic copyright rights and should not simply be treated as transferable property rights.
UK law also provides protection for certain rights related to copyright. These can include rights relating to performances, sound recordings, films and broadcasts.
These rights are separate from the copyright in a photograph. They may nevertheless become relevant to photographers when photographs are used together with performances, recordings or other protected material.
For most photographs created by an identified author, copyright generally lasts for 70 years after the end of the calendar year in which the author dies.
Different rules can apply where the author is unknown, where the photograph was created under particular circumstances, or where other copyright rules apply.
If a photographer dies during 1970 and the normal 70-year rule applies, copyright expires at the end of 2040. The photograph enters the public domain on 1 January 2041, subject to any other rights that may apply.
UK law does not provide a general standalone portrait right or image right comparable to the portrait rights recognised in some other European countries.
This does not mean that photographs of people can always be published freely. Depending on the circumstances, privacy law, confidentiality, contract law, harassment law, data protection law and other legal principles may be relevant.
Privacy can be particularly important when a photograph reveals private or sensitive information about an identifiable person.
Article 8 of the European Convention on Human Rights, as incorporated into UK law by the Human Rights Act 1998, protects the right to respect for private and family life. The balance between privacy and freedom of expression depends on the circumstances of the particular case.
In street photography, people may appear incidentally in photographs taken in public places.
UK law does not generally require a photographer to obtain permission from every person who happens to appear in a photograph taken in a public place.
However, publication can raise other legal issues, particularly where a person has a reasonable expectation of privacy or where the photograph is used in a misleading, defamatory, harassing or otherwise unlawful way.
Particular care should be taken when an identifiable person is the main subject of a photograph and the image is intended for advertising, endorsement or other commercial purposes.
A written agreement is therefore advisable when a person is deliberately photographed as a model for commercial or promotional purposes.
A model release is a written agreement between a photographer and a person depicted in a photograph.
A model release can specify how photographs may be used, including commercial advertising, websites, social media, publications and other forms of promotion.
A model release is not a general statutory requirement for photographing people in the UK. It is primarily a contractual way of obtaining consent and clarifying the permitted uses of the photographs.
Model release A model release is a written agreement in which a person gives the photographer permission to use photographs in which that person is recognisably depicted, subject to the terms of the agreement.UK copyright law contains a specific provision concerning certain photographs commissioned for private and domestic purposes.
Under Section 85 of the Copyright, Designs and Patents Act 1988, a person who commissions a photograph for private and domestic purposes can have a right to prevent certain public uses of the photograph.
This means that a photographer should not assume that ownership of copyright automatically gives unrestricted freedom to publish every commissioned private photograph.
The expression image rights is sometimes used in the UK, particularly in the commercial and entertainment industries.
However, UK law does not recognise a general standalone image right or personality right. Protection of a person's image may instead arise through other areas of law, depending on the circumstances.
This is an important difference between UK law and the laws of some European countries, where specific portrait or personality rights may exist.
UK copyright law contains a relatively broad exception for certain works permanently situated in public places.
Under Section 62 of the Copyright, Designs and Patents Act 1988, copyright in buildings and certain sculptures, models for buildings and works of artistic craftsmanship that are permanently situated in a public place or premises open to the public is not infringed by making a photograph or film of them.
This means that photographers can generally photograph buildings and qualifying works of art that are permanently located in public places without obtaining permission from the copyright owner of the building or artwork.
The exception also covers certain subsequent uses of copies of photographs made under this provision.
Other rights can still apply. The fact that a photograph is permitted under Section 62 does not automatically mean that every possible use of the photograph is lawful.
Copyright infringement can occur when someone carries out an act restricted by copyright without the permission of the copyright owner and without a applicable statutory exception or other legal basis.
Depending on the circumstances, a copyright owner may seek remedies such as an injunction, damages or an account of profits.
Other remedies may also be available, including orders concerning infringing copies. The appropriate remedy depends on the circumstances of the infringement.
The fact that a photograph is available on the internet does not mean that it is free to use.
Photographs, illustrations, texts, music, films and other creative works may be protected by copyright. Copying, downloading, adapting, publishing or communicating such material to the public may therefore require permission.
A photograph found through Google Images, Pinterest, social media or another website is not automatically copyright-free.
Search engines normally provide links to images that are hosted elsewhere. Finding an image through a search engine does not normally give the user a licence to reproduce or publish it.
UK copyright law contains a number of specific fair dealing exceptions. These can apply in situations such as criticism or review, quotation, reporting current events and certain educational or research uses, subject to the statutory conditions.
Fair dealing is not a general exception allowing people to copy photographs simply because the use is non-commercial.
Photographers who license images through stock photography agencies must have the necessary rights to license the photographs.
Depending on the photograph and its intended use, additional permissions may be advisable or necessary. This can be particularly relevant where identifiable people, private property, trademarks or other protected material are involved.
When purchasing a stock photograph, the customer normally receives a licence rather than ownership of the copyright.
The licence determines how the photograph may be used. Restrictions can concern commercial use, advertising, print runs, geographical territory, duration and other forms of use.
Always read the applicable licence before using a stock photograph, particularly for commercial or promotional purposes.
Copyright is important for both professional and amateur photographers. A photographer does not have to be a professional in order to own copyright in a photograph.
The principal UK legislation governing copyright is the Copyright, Designs and Patents Act 1988.
Copyright, privacy and other legal rights can become complicated when photographs are created, licensed or published. The legal position depends on the particular facts and circumstances.
The information on this page is intended as general information about UK law and is not legal advice. No rights can be derived from this text.
If you are involved in a specific dispute or are unsure whether a photograph may lawfully be published or used, seek advice from a suitably qualified UK legal professional.