They pop up everywhere at inspections and competitions: horse photographers. Sharing of these photos on social media like Facebook, Instagram or their own websites is a widespread practice by proud riders, breeders and owners. Time to find out whether or not this is done in compliance with the legal rules that apply.
When a person creates an original product a second party cannot simply make away with it. That’s why the principle of copyright came into being. Copyright means that the photographer owns the exclusive right to publish or reproduce his or her photos. Publishing includes placing photos on social media, in newspapers or on websites. Reproducing is printing or photocopying of photos.
Permission
In case anyone wishes to publish a photo on social media or websites and this photo is not his/her own property then permission of the photographer must be procured. Permission can be procured by buying the copyright or acquiring a license. Buying the copyright means the buyer now has the legal rights to publish and reproduce the photo. In this case the photographer has lost his/her legal rights. In case of a license the photographer gives permission to publish and/or reproduce the photo without losing his/her own legal rights.
Along with the rights applying to publishing and reproduction the photographer has a legal right to name attribution and to oppose any infringement on his/her work. The photographer shall always retain these rights, also in case the photographer has sold his/her copyright or given it in license. It is at the photographer’s discretion to say that name attribution can be omitted or to allow editing of the photo.
Compensation in damages
Any publication of photos, reproduction, placing without name attribution or inflicted damage without the permission of the owner is considered a legal violation of the photographer’s rights. In case the photographer suffers any damage he/she can put in a claim for compensation. Before publication of photos on social media people should always seek the permission of the owner, pay a fee if required to do so and always mention the photographer’s name. This way photographers will continue to enjoy their work.
