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Understanding Photographic Copyright

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Public Domain

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Works that are not protected by copyright law or whose copyright has expired, meaning they are publicly accessible and can be used by anyone. For photographers, their work enters the public domain if the copyright expires or they explicitly relinquish their rights.

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Compilation

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A work formed by the collection and assembling of pre-existing materials or data that are selected and arranged in an original way. For photographers, compiling a series of photographs into a book or gallery can create a new copyrighted work, distinct from each photo's copyright.

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First Sale Doctrine

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A legal concept that allows the purchaser of a copyrighted work to sell or otherwise dispose of that particular copy, despite the copyright. For photographers, this could affect secondary sales of their printed works.

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Fair Use

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A concept that allows limited use of copyrighted material without permission from the copyright holder, for purposes such as commentary, criticism, news reporting, teaching, scholarship, or research. For photographers, this means that their work may be used in these contexts without their explicit consent.

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Moral Rights

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Rights of creators to protect their reputation and the integrity of their work. In some jurisdictions, this allows photographers to object to derogatory treatments of their work even if they no longer own the copyright.

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Derivative Work

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A piece created from one or more existing works that is sufficiently original to be copyrighted. For photographers, creating a piece that is heavily based on another person's work might qualify as a derivative work, which usually requires permission.

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Work Made for Hire

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A work created by an employee as part of their job or a work specially commissioned and agreed upon as a work made for hire. In these cases, the copyright is typically held by the employer or the person who commissioned the work, not the photographer/creator.

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Copyright Notice

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A notice placed on copies of a work that indicates the work is protected by copyright law, generally contains the copyright symbol ©, the year of first publication, and the name of the copyright holder. While not required for copyright protection, it informs others and can deter infringement.

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Copyright Infringement

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The violation of a copyright owner's exclusive rights. Infringement for photographers can range from unauthorized reproduction of their work to the creation of derivative works without permission. It can result in litigation and damages.

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Copyright Licensing

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A legal permit given by the copyright holder to allow others to use the work in specified ways. For photographers, licensing can provide a revenue stream while retaining copyright control, but the terms of the license must be clear to avoid misuse.

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Orphan Works

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Works whose copyright owners are unknown or cannot be located. For photographers, having their work labeled as an orphan can lead to unauthorized use, and they may find it difficult to take legal action without proof of ownership.

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Copyright

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A legal term that gives the creator of original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator to receive compensation. For photographers, this means that they control the reproduction, distribution, and adaptation of their photographs.

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Copyright Transfer

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The legal process by which the owner of a copyright assigns their rights to another party. Photographers must be aware that this transfer, often done through a contract, is binding and can limit their future use of their own photographs.

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Copyright Term

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The length of time copyright protection lasts before the work falls into the public domain. For works created after January 1, 1978, it is the life of the author plus 70 years. For photographers, understanding this helps manage their rights over time.

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Digital Rights Management (DRM)

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Technological solutions used to control the use of digital content and devices after sale. For photographers, using DRM on their digital images can prevent unauthorized copying and sharing, but may also limit legitimate uses by buyers.

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