As the wedding season approaches in India, there’s one thing most couples love perhaps even more than Meethai — is their pictures! But who owns the copyright to these pictures? This naturally gives rise to the question, Can wedding pictures even be copyrighted? Let’s dive into how copyright works for wedding pictures, why it matters, and what couples and photographers should keep in mind.
Copyright is the legal entitlement that protects intellectual property, and includes works like literature, music, videos, designs, and photographs, among others. Copyright is established the moment a creative work comes into existence, and its owner is the individual who created it. The creator holds the exclusive right to manage and grant permissions for its use.
The copyright holder has exclusive rights to:
- Reproduce the work.
- Distribute and display it publicly.
- Modify and license its usage.
COULD WEDDING PHOTOGRAPHS BE COPYRIGHTED?
It’s a common misconception among people that usually the couple’s must own the rights of their wedding pictures since they paid for those, payment for services does not necessarily mean a transfer of copyright and this right remains with the photographer unless it is explicitly assigned or licensed.
Wedding Photographs can be considered as artistic work and be protected. According to Indian Copyright act, section 2(c)(i) defines what artistic work is and as long as it meets the criteria of originality and have skill and labour it can be copyrighted. Section 13(a) grants protection to original artistic works. The photographer being the creator of the photographs having used his skill and effort, holds copyright over their work. Section 17 establishes that the author of a work is the first owner of the copyright unless there is a contract to the contrary.
India being a WIPO (World Intellectual Property Organization) signatory also follows global copyright laws such as Berne Convention 1886, TRIPS agreement 1995, which grants the creator of an artistic work, such as a wedding photographer, ownership of the copyright to the photos they capture. This means photographers are entitled to share the images on social media or use them as they choose. That means the Photographers usually have the right to reproduce pictures, use it for advertisements, Display the images publicly, modify and edit.
In the United States, Photographers have sued couples and third parties for unauthorized use and commercial exploitation of their photographs, For instance, in the case of Monge vs Maya Magazines Inc, the photographer sued the magazine Maya for publishing pictures of a secret celebrity wedding without authorization for using such pictures, in this case the court recognized the rights of the photographer Monge and held that unauthorized use of the images by the magazine constituted copyright infringement and cannot be excused under the defence of fair use. Indian photographers too are increasingly recognizing the need to protect their work legally, especially in an era of widespread social media and digital usage.
SHOULD THESE PICTURES BE COPYRIGHTED?
In my opinion it is essential to protect the artistic integrity, the hardwork and labour of the photographers who make an effort to capture the special moments. Photographers go an extra mile to ensure that they capture and deliver the precious moments in the form of photographs. Without any protection under copyright laws they would lose control over their creations, which may lead to unauthorized use and reproduction of their work. It becomes important to strike a balance between protecting the rights of photographers and the client’s interests.
WHAT IS THE WAY AROUND?
If you’re a couple who does not wish for their pictures to be freely circulated then the same can be agreed upon by the way of an agreement between you and your photographer.
- Assigning rights is one way of transfer of ownership of the copyright from the photographer. Once assigned, the couple becomes the copyright owner and gains full control over the images. The photographer relinquishes their rights unless explicitly reserved in the assignment agreement.
- Photographers could also license the rights to photographs to the couples, by the way of which the copyright remains with the photographer but the couple can use the images. The license can specify how the couple can use the images (e.g., for personal use, creating albums, sharing on social media).
FINAL THOUGHTS
Wedding photographs are not just memories; they’re artistic creations protected by copyright. While photographers usually hold the copyright, couples can negotiate usage rights to suit their needs. Understanding these legal aspects ensures a harmonious relationship between couples and photographers, leaving everyone free to focus on cherishing the big day.
Authored by: Garima Agarwal
Penultimate law student at PES University pursuing BA-LLB.
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