Copyright is an exclusive legal right that safeguards unique creative works, including computer programs, music, movies, novels, and other artistic creations. When an original work is created and fixed in a tangible form, copyright protection automatically begins, giving the creators of that work the exclusive right to regulate how their work is used. This right may endure for the duration of a creative or author’s life and beyond, but it may also finally expire.
Who can reproduce, publish, perform, transmit, modify, or use the work in general is under the copyright owner’s authority. Despite the fact that literary works receive more attention, most people believe that the only creative property protected by copyright is books and movies. In the meantime, copyright protects a wide variety of creative and intellectual property, including the following: literary works, musical compositions, and artistic crafts;
- Literary works; like books, poems, and blog posts
- Artistic works; such as paintings, photographs, and illustrations
- Musical works, such as compositions, sound recordings and other work such as computer programs, databases, advertisements, maps, and technical drawings.
A photographer owns the copyright of any of his creative image (photos) as he is the creator of such image irrespective of whoever is the object of the creative image. Thus, the photographer remains the legal owner of any creative image and has the copyright to it, even in a paid photography contract.
In a paid photography contract, a photographer is hired by a person or company to provide photography services in exchange for a onetime payment or a monthly retainer. In a compensated contract, the photographer is prohibited from using such creative images or photos created for any form of profit, even though they still hold the copyright.
The person or business that paid a photographer a consideration fee only has the sole right to use the original artwork; they are not able to handle it as the owner. However, the photographer can utilize the creative pictures or photos to promote his work, update and improve his social media profile, and receive recognition for the effort that he credits.
Section 10 & 14 (1&2) of the Act, 2022 describe the nature of copyright the owner of a creative/artistic work enjoys and the moral right of such owner respectively. Conclusively, the creative images created by a creative are protected and the creative reserves every right as the owner of the artist work. This is the photographer’s right.
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This article was written by Temitope Ologuntoye. She is a Legal Analyst with more than 5 years of experience in Corporate Law and Litigation, she is self-motivated with versatile prowess in legal drafting and review of corporate documents. She’s a writer, lover of art and good storytelling. Follow her on Instagram here
