View all newsletters
Sign up for our free email newsletters

Fighting for quality news media in the digital age.

  1. Media Law
June 10, 2007

Using photographs: beware the maze of copyright

By Press Gazette

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.

Some items in a photograph may be protected by copyright. These include architectural works, paintings, other photographs, sculptures and some logos. Photographing a copyright work amounts to reproducing it, so the copyright owner’s permission may be required. Use of the image without permission normally entitles the copyright owner to apply for an injunction.

Damages are generally linked to a reasonable licence fee. For example, in 2002, The Sun published a hospital’s photo of a patient, convicted murderer Laith Alani, without consent. Infringement damages were set at £450 (the amount the court thought the hospital would have charged if willing to license the image). However, The Sun’s reckless use of the image, causing the hospital distress, incurred punitive damages, bringing the total award to £10,000.

Some public areas enjoy special protections: to take commercial photographs in London’s Trafalgar Square and Parliament Square you have to obtain permission from the Greater London Authority and pay a fee. Otherwise, the copyright owner’s consent is not required to photograph a building. But treat this with caution – copyright in architectural plans may still be infringed by a photograph of the building. This exception also applies to photographs of a sculpture or model for a building permanently in a public place.

If a photograph of people is commissioned for private and domestic purposes, such as for a wedding, the commissioner generally has the right not to have the photograph issued to the public. Otherwise, copyright law does little to restrict use of images of people, although individuals are protected by harassment, data protection and privacy laws.

Content from our partners
MHP Group's 30 To Watch awards for young journalists open for entries
How PA Media is helping newspapers make the digital transition
Publishing on the open web is broken, how generative AI could help fix it

Defences to copyright infringement include a general defence if the copyright item in the photograph is incidental. A further defence is ‘fair dealing’with a work for the purpose of criticism and review, provided the work is available to the public and the author is acknowledged.

Email pged@pressgazette.co.uk to point out mistakes, provide story tips or send in a letter for publication on our "Letters Page" blog

Select and enter your email address Weekly insight into the big strategic issues affecting the future of the news industry. Essential reading for media leaders every Thursday. Your morning brew of news about the world of news from Press Gazette and elsewhere in the media. Sent at around 10am UK time. Our weekly does of strategic insight about the future of news media aimed at US readers. A fortnightly update from the front-line of news and advertising. Aimed at marketers and those involved in the advertising industry.
  • Business owner/co-owner
  • CEO
  • COO
  • CFO
  • CTO
  • Chairperson
  • Non-Exec Director
  • Other C-Suite
  • Managing Director
  • President/Partner
  • Senior Executive/SVP or Corporate VP or equivalent
  • Director or equivalent
  • Group or Senior Manager
  • Head of Department/Function
  • Manager
  • Non-manager
  • Retired
  • Other
Visit our privacy Policy for more information about our services, how New Statesman Media Group may use, process and share your personal data, including information on your rights in respect of your personal data and how you can unsubscribe from future marketing communications.
Thank you

Thanks for subscribing.

Websites in our network