“Who owns the ‘rights’ of the photographs taken by a professional photographer during a wedding or any other event? …What does the ‘Copyright Law’ state in this respect?

In the days of continuous advances in technology, the creation of an image through a camera is accessible and ‘user-friendly’ to the whole community, namely the common people and not just to the professional photographer.

A ten-year-old child can download an image from a mobile phone camera post it online to be published or perhaps send it to a printing lab for production, without any assistance whatsoever.

A wedding photographer who invested heavily in his profession to ensure that his operations are within the legal parameters might have his product, namely the photos ‘stolen’ by any third party. This is fully applicable both for the parents, perhaps the legal guardian and ultimately for all the persons concerned. This is happening in Malta and elsewhere.

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In other words, be it a destination wedding event, a typical local wedding, a straightforward passport photo, a pre-wedding sunset photo or perhaps a studio portrait, the copyright is always owned by the creator of that image; Legally, he is the artist, or specifically the professional photographer himself who created the image. This is also applicable to amateur photographers who created a picture through their mobile camera. This is the basic rule, irrelevant of any ‘wrong philosophies’ that many tend to adopt such as the fact that a pro photographer might have created an abundance of images within minutes and therefore the price tag if any should be ridiculously low! Despite the speed or what might look like a simple process, those images are still owned by the pro photographer. He created them thanks to his ability, experience, and knowledge! This should not mean that one should ever underestimate his professionalism. The photographer which falls in the category of the artists, IS the copyright owner. Regrettable one would still come across such a negative mentality.

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Many would argue that their wedding photographer in Malta, like elsewhere, who through his professionalism created hundreds of images during their big day, wanted to charge them ‘extra’ for the images related to ‘their’ wedding in which ‘they’ were the protagonists! That is perfectly right and legal unless the wedding contract with their photographer at the booking stage, or perhaps the destination wedding agency through their original contract at the booking stage, stated or agreed otherwise. These clarifications would guide you through in order to avoid unnecessary rifts with your official photographer.

One should also keep in mind that although the process of taking a picture and downloading into a harddisk is almost the same for both the professional photographer and the amateur photographer, there is a big difference in the commitment and investment between the two photographers. The professional contracted wedding photographer who is OBLIGED to deliver quality images and a beautiful wedding album invested in many factors. That is what the photographer is being paid for. These include his equipment, time factor, staff, licenses, studio, professional editing, seminars printing costs, professional tuition, vehicle, studio rent, electricity bills, and the rest. These will all reflect in the unit price of that high-resolution image. The amateur photographer would not have to worry if things would go wrong!

So please, let’s be prudent and fully respect the professional who invested heavily before committing himself to serve you as the client. It is a pity that when I put a price tag on high-resolution images, some of the clients here in Malta tend to turn their attitude into a bitter situation simple because they do not accept this very fact that there is a price for everything in this day and age. The true professional photographer would have a great rapport and relationship with a client, starting from the booking stage, the actual execution of the job, example on the wedding day or the pre-wedding, than one would proceed to the ‘shortlisting’ stage, production of the album or prints and finally settling the final payment. All this was absolutely plain sailing except the very last stage when settling their dues. The above negativity might surface at this very last stage of the job. It is indeed a pity that you still come across clients here in Malta that do not respect these basic principles. Fortunately, to make things clear, it is not the general rule neither. Although this is a small percentage of the consumer, it is neither a rarity.

Education is the answer and the whole scope of this article.

Let’s all follow this link containing the technicalities of the copyright law which is also applicable to the artist or any photographer and finally, what is due to the client. Please follow this official link :

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/481194/c-notice-201401.pdf

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http://www.maltaphotos.com

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