Copyright in a photograph is generally held by the photographer from the moment it is created, unless it was made as a work for hire or the photographer has transferred their rights in a signed written agreement. Using someone else's photo without permission or a valid license generally requires the copyright owner's authorization. This is general information, not legal advice.
Under United States copyright law, protection attaches automatically the moment an original work, including a photograph, is fixed in a sufficiently permanent form, without any requirement to register it, though registration is generally necessary before a U.S. work's copyright can be enforced through litigation. The general default is that the photographer is the copyright owner of a photograph unless it is a work made for hire or unless the photographer has transferred the copyright to another party.
Transferring copyright ownership is not casual; it requires a written document signed by the copyright owner, meaning an oral agreement or an informal understanding, such as a verbal 'sure, you can use it', does not on its own transfer legal ownership of the copyright itself, even if it might grant a more limited permission to use the image in a particular way.
For press purposes, this means an organization generally needs explicit permission, such as a license or an employment or contractor agreement establishing a work made for hire, to use a photograph it did not create itself, including images pulled from the internet, social media or another company's press kit. Fair use is a narrow, fact-specific legal doctrine, not a blanket exception, and the U.S. Copyright Office is explicit that there is no formula, no fixed percentage or word count, that guarantees a use qualifies.
How to, in general terms: 1) Use only photos your organization created, licensed, or has documented rights to under a work-for-hire agreement. 2) Get any rights transfer or license in a clear written document. 3) Do not assume an image found online is free to use just because it was easy to find. 4) Credit the photographer and rights holder accurately per standard practice. 5) For any specific, disputed or high-stakes use, consult a qualified intellectual property lawyer rather than relying on general guidance.
QUESTIONS
Who owns the copyright to a photograph?
Generally the photographer, automatically, from the moment the image is created, unless it was made as a work for hire for an employer or the photographer has transferred the copyright to someone else in a signed written agreement.
Can copyright be transferred verbally?
No. A valid transfer of copyright ownership requires a written document signed by the copyright owner; an oral agreement does not transfer the copyright itself, even though it might support a more limited claim of permission.
Is it safe to use any photo found on the internet?
No. Being publicly visible online does not mean an image is free to use. Using a photo generally requires permission from the copyright owner, a valid license, or a specific legal exception such as fair use, which is narrow and fact-specific.
Is fair use a simple percentage rule?
No. The U.S. Copyright Office states plainly that there is no formula guaranteeing that a specific percentage, word count or number of images qualifies as fair use; it depends on a case-by-case legal analysis of several factors. This is general information, not legal advice.
SOURCES
Last reviewed