I found a great article on Offbeat Bride, that offers easy copyright explanations when it comes to your wedding photos.  Written by Molly Ali – here are a few helpful excerpts:

1) The purpose of copyright law is to promote the progress of science and art. Hardly anyone knows that anymore. So many people think it’s about generating profit for the music industry and giving individual artists total control over their work, but that’s just not true. Once upon a time, copyright law was balanced between the needs of creators and the needs of the public. Things have gotten really unbalanced over the last 40 years, but the goal of serving the public and promoting progress is still in there.

2) Copyright protects creative works that are fixed in a tangible medium of expression. This means that in order for something to be protected by copyright, it has to be recorded some way, on paper or on a hard drive some other physical thing. There are several classes of creative work that qualify for copyright protection: literary works, musical works, dramatic works, choreographic works, pictorial, graphics, and sculptural works, motion pictures and other audiovisual works, sound recordings, and architectural works.

3) Copyright does not protect ideas or facts. Those are free for anyone to use, even if it makes them look like they’re biting someone else’s style. A work has to be at least a little bit creative to qualify for copyright protection. Something that is purely factual, like a phone book, does not have enough creativity to be copyrightable even if it takes a lot of effort and hard work to make it.

4) Copyright attaches to a work automatically the moment it is recorded.There is no need to register the copyright, or to put a little (c) on it, or even claim it. If a work is relatively new (created in the last 50 years or so) creative, and recorded in some way, it’s almost definitely copyrighted. Copyright also lasts a really long time (currently, life of the creator plus 70 years after the creator dies). This means that most of what you find online is under copyright, even if there is no copyright symbol and no attribution and no source listed.

5) Copyright comes with a set of exclusive rights. These are things the copyright holder can do with the work that other people mostly cannot do (there are some important exceptions, but it would take way too much space for me to go into them here). The rights that come with copyright are:

  • The right to make copies.
  • The right to distribute copies.
  • The right to make derivative works.
  • The right to perform or display the work.

The copyright holder may keep these rights to herself, or she may give some or all of them away, usually with a contract or a license.

…the photographer you hire to shoot your wedding holds the copyrights in your wedding photos. She is free to sell them, publish them, Photoshop them, and share them. You are not.

So what does any of this have to do with your wedding photos? Everything. The way the default rules of copyright ownership work, the photographer you hire to shoot your wedding holds the copyrights in your wedding photos. She is free to sell them, publish them, Photoshop them, and share them. You are not. I hear all the time from people who believe that because they are the subjects of the photos, or because they are the ones who hired the photographer, then they are the ones who hold the copyright in the photos. In fact, it’s just the opposite. Those exclusive rights are hers, not yours.

{While} wedding photographers do retain the copyrights in the photos they take of your wedding, they may give you a license to make personal, non-commercial uses of your photos. This is especially common when photographers offer a CD or DVD containing the high-res files of all your pictures… A license like this means you can print copies yourself, post your pictures on Facebook, and send them to your friends, without asking for permission and without violating your photographer’s copyright. These are all good rights to have, and I highly recommend reading your contract carefully to see if you get them, and if you don’t, to ask.

Many photographers, artists, musicians, and authors – including the ones who make a living from their art – now use Creative Commons licenses because they recognize that it is good for them. They always get credit as the creator, and it’s easier for people to discover and fall in love with their work when fans are free to copy and share it.

Contracts can be intimidating and full of legalese, but it’s really worth taking the time to understand what is in your agreement with your photographer.

If you want a concise overview of what Creative Commons is and why it is valuable, I highly recommend this video.

 
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