What is copyright in photography?
Under the CDPA 1988, copyright in photography is a property right which subsists in an artistic work created by the photographer in exercising substantial skill, labour, and judgment in producing a work of originality.
Consequently, copyright in photography grants the creator of a photograph the exclusive control over its use and distribution; and through legal and other technical means, photographers can protect their work from unauthorised use ensuring they receive credit and compensation for their works.
This is a good basic definition. However, artificial intelligence is disrupting our understanding of copyright and the debate is ongoing. I will be highlighting the issues involved in future blogs.
Sources:
Copyright Designs and Patents Act 1988 s1(1), s4(1).
Laddie, Prescott and Vitoria, The Modern Law of Copyright (5th Edition, Vol. One., Lexis Nexis, London 2018)
Christina Michalos: The Law of Photography and Digital Images (Sweet & Maxwell, London 2004)