Authorisation Request for the Use of a Photo

Actually, British law might prevent you from doing this legally. This is because all images belong to someone and if they do not belong to you, you might need permission to use them.

Any photographs that are taken will become protected by copyright. This rule was created by the Copyright, Design and Patents Act 1988. Section 4 of the Act states that an ‘artistic work’ is anything that is

graphic work, photography, sculpture or collage, irrespective of artistic quality.

So, this means any images you find online that were not taken by you is protected by copyright. There is no formal registration for this copyright; it happens automatically and it is not dependent on what the image is or the purpose of it. It could be a simple graphic you like and the law will still apply. It will have an owner known as the author.

The author has many rights over his or her photos under the Copyright, Design and Patents Act 1988. This includes copying, renting, communicating or selling the work. Under section 16 of the Act:

Copyright in a work is infringed by a person who without the licence of the copyright owner does, or authorises another to do, any of the acts restricted by the copyright.

The owner can enjoy the rights over their photos from the date that they are created and for the rest of their life. This includes 70 years from the date of their death. After this time, you can use the image without having to get authorisation. But it can be difficult to tell if an old photograph is protected by copyright. Yet, it is still essential to find out before you use it. There can also be more than one owner or a business that owns the image.

Of course, if you take a photograph, you have the copyright. You can use the image however you want. This means that nobody else can use your photo without asking you and gaining authorisation first.

What to do with a Copyrighted Photo

Just because a photo is copyrighted does not mean you cannot use it. It just means that you will need permission to use it from the owner before you do anything. It is important to realise that just because there is no © beside the image does not mean it is not copyrighted. This symbol is not always present but it is not have to be.

The best thing you can do is contact the owner of the image because you use the photo. If it is in a photo library, it may be as simple as purchasing a license to use the image. Either way, it is crucial that you do not skip this step. Legal action can be taken against you if you infringe copyright.

In some cases, you will not need permission from the owner to use the image. For example, this can be when the copyright has expired. There are also certain ‘exceptions to copyright’. This means you can use the image under certain circumstances. This includes if you are studying or for non-commercial research.

Copyright laws exist around the world in a similar way to the UK. For example, in the US all photographs are protected by the Federal Copyright Act of 1976. This legislation states that all images are protected from the moment they are taken. You do not have to register the image for copyright to exist; it starts when you click the shutter or hit the button. As the owner of a photo, you have the right to reproduce, prepare of distribute the image. Through Creative Commons, you can share your rights with others. Otherwise, they will need a license to use the photos. There are some exceptions that include ‘fair use’. This includes using the image for research.

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