Under the Copyright, Designs and Patents Act 1988 (CDPA) a freelance photographer generally owns copyright in his photographs unless a contract states otherwise. Copyright in a retouched image – depending on the type of retouching – may be jointly owned by the photographer and the retoucher. If the photographer is an employee, the employer owns the copyright.

There may also be moral rights – chiefly, to be identified as the photographer, and to object to distortion, mutilation or other treatment damaging the photographer’s reputation.

If the photographer is not credited (and should have been) or objects to the manner in which an image is used, he can seek an injunction to stop the use of the image and claim damages. There is very little guidance in the UK on what damages might be awarded for breach of a moral right, but the degree of distress or damage to the reputation of the photographer will be relevant.