Ownership of photographs taken after 1 August 1989

The general rule about first ownership of copyright is that the author is the first owner.

If you create a copyright work, you become the 'author' so in the case of any photographs you take you are the first owner. However, an example where this may not be the case is if it was you who pressed the camera button and someone else who decided things like the camera angle, exposure and so on.

If you make a photograph with two or more people and each persons contribution to the photograph is not distinct, then you all become joint authors and joint first owners of copyright and the permission of each joint owner will be needed before such a photograph can be used.

This general rule about first ownership of copyright resting with the 'author' is, however, overridden in the case of photographs which are made by an employee in the course of employment; in this case, the employer is the first owner of copyright subject to any agreement to the contrary.

If you commission a photograph you will only be the copyright owner if there is an agreement to assign copyright to you.

If you commission a photograph for private and domestic purposes, since 1 August 1989 you generally have the right not to have the photograph exhibited in public or otherwise communicated to the public (such as by broadcasting) or copies of the photograph issued to the public.

The UK Patent Office © Crown copyright 2006.