©2016 Haylee Barsky
Under the Federal Copyright Act of 1976, photographs & creative content is protected by copyright from the moment of creation. Photography copyrights provide photographers the exclusive right to make copies of their work, prepare other works based on a copyrighted photograph, sell or distribute copies of the work or display the work publicly. Photographers with copyright protection can safely display their work in art galleries, for example, without the threat of someone copying the photograph. Photographers with copyrights can sell their copyrights along with their works to publications, other photographers or virtually any legal entity, transferring these rights to the buyer.
Civil Infringement Remedies
Photographers whose copyrighted works have been used in violation of the law can sue copyright violators in federal court for an injunction and financial restitution. In this context, an injunction is a legal order to desist from a using a copyrighted photograph or collection of copyrighted photographs. Failure to comply with a legal injunction can result in criminal charges for contempt of court. Financial restitution can include repayment for all income earned using copyrighted material, payments for lost revenue to the copyright holder and payment of the plaintiff's legal fees.
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