How are photographs copyright protected?
UKM
Last Update a year ago
Photographs are copyrighted works and enjoy the same protection as other works of authorship, subject to certain specific characteristics. However, a photograph is protected by copyright only if it meets the 5 conditions required for a work to qualify as a copyright work. For example, routine photographs, such as passport or ID photos, generally do not meet the condition of individuality (originality), as they do not reflect the photographer’s creative choices or personal expression.
In educational materials such as textbooks, photographs may be used without a transfer of economic rights, but with payment of remuneration to the author or rightholder. For teaching purposes, it is permitted to distribute, communicate to the public, reproduce, and adapt photographs, provided that such use complies with the applicable copyright exceptions and limitations.
Photographs may also be used in full for purposes of illustration, comparison, citation or scientific research, again within the limits prescribed by copyright law.