Who Owns the Copyright of a Photograph?
In the world of photography and visual content, the copyright owner is the individual or entity that creates the work. Under intellectual property protection Indonesia, copyright is automatically granted to the photographer or creator at the moment the photo is taken, without the need for formal registration. However, there are exceptions to be aware of.
If a photographer is working under a contract with a company or client, the copyright may be transferred to the party that paid for the service. For instance, in employment agreements or freelance contracts, there might be a clause stating that the copyright belongs to the employer or client. Therefore, it is crucial to review contracts before accepting photography projects.
In Indonesia, Law No. 28 of 2014 on Copyright governs the protection of photographs and other visual art. If you wish to strengthen your copyright protection, you can register your work with the Directorate General of Intellectual Property (DJKI) to obtain legal proof of ownership.
How Can Photographers Protect Their Copyright?
Many professional photographers in Indonesia face challenges in safeguarding their work from unauthorized use. To protect copyright, here are some essential steps:
- Add Watermarks – One of the most common ways to protect copyright is by adding a watermark to the photo. This makes it harder for unauthorized users to exploit the image without proper credit.
- Register Copyright with DJKI – By registering your photos with DJKI, you gain stronger legal protection in case of copyright infringement.
- Use Metadata and Digital Signatures – Metadata embedded in photo files can help track ownership and prove originality.
- Create Usage Licenses – If you want to allow your photos to be used under specific conditions, draft a licensing agreement that sets out usage rights and restrictions for third parties.
- Seek Legal Advice – For further protection, collaborating with an experienced law firm like AMR Partnership can help photographers secure their copyright legally.
Are All Photos Eligible for Copyright?
Not all photos are eligible for copyright protection. Under intellectual property protection Indonesia, there are certain requirements for a photo to qualify for copyright:
- Must be original – The photo must be an original creation of the photographer, not a duplicate or a plagiarized work.
- Must have creativity – Simple snapshots without artistic composition or creativity may not qualify for copyright protection.
- Must be in a tangible form – Copyright does not apply to mere ideas or concepts; the work must be captured in a tangible medium, such as a digital file or a printed photograph.
Additionally, some categories of images, such as public domain works, government-released satellite imagery, or AI-generated images without human involvement, may not be eligible for copyright.
To determine whether your work qualifies for copyright protection, consult with intellectual property experts at AMR Partnership via Instagram, WhatsApp, or email at amr@amr.co.id.
How to Prevent Photo Theft on the Internet?
Photo theft on the internet is a significant concern for photographers and visual content creators. Here are some measures to prevent unauthorized use of your images:
- Use Watermarks – As mentioned earlier, adding watermarks can deter unauthorized users from stealing your images.
- Upload Low-Resolution Versions – If you want to showcase your portfolio online, ensure that you upload low-resolution versions to prevent unauthorized commercial use.
- Include a Copyright Notice – Displaying a copyright notice on your website or social media platforms warns others that your work is legally protected.
- Report Infringements – If you find your photo being used without permission, report it to the website owner or social media platform for copyright violation.
- Use DMCA Protection – The Digital Millennium Copyright Act (DMCA) offers digital copyright protection services that can help enforce ownership rights online.
AMR Partnership has extensive experience handling photo theft and copyright infringement cases. If you encounter similar issues, feel free to consult with us.
What Are the Laws Regarding Unauthorized Use of Photos?
In Indonesia, unauthorized use of photos can be considered a copyright infringement under Law No. 28 of 2014 on Copyright. Such violations may result in legal consequences, including fines and criminal charges.
Examples of copyright violations include:
- Using photos without permission for commercial purposes.
- Claiming ownership of another person’s work.
- Editing or modifying photos without the original creator’s consent.
- Redistributing photos without giving credit or obtaining permission from the photographer.
If you discover that your photo has been used without authorization, you can take legal actions such as issuing a formal complaint, reporting to DJKI, or filing a lawsuit. For legal assistance, contact AMR Partnership via WhatsApp or email at amr@amr.co.id.
Protecting photography and visual content in the digital era is challenging, but by understanding intellectual property protection Indonesia, you can better safeguard your rights. Don’t hesitate to seek professional legal services to ensure that your copyright remains secure and protected
