In todays rapidly advancing, visually-oriented society, professional photographers have to be more protective of the way their work is used. Technological breakthroughs in the fields of both film and electronics allow quick and easy reproduction of photographers work, often without compensation to the photographer and a profit to the infringer of the copyrighted work.
Photographs are a category of "Pictorial, Graphic and Sculptural Works" and as such are eligible for copyright protection under section 102 of the Copyright Act. 17 U.S.C. #102. Copyright in the photograph is secured immediately and automatically when the work is first fixed in a copy. The negative or original transparency quality as a copy under the law.
It is a clear violation of the copyright law for anyone to reproduce an image without the written permission of the creator of that image. Recent court cases have upheld that the photographer is the creator of the image and the holder of the copyright unless that right is assigned in writing to another party. Anyone who violates this copyright is liable to the photographer for "actual" or "statutory" damages, at the photographers sole option. "Actual" damages are the loss of income from the sale of the photograph and any profits of the infringer, "Statutory" damages by law range from a low of $250.00 to a high of $10,000.00 per infringement. Both types of damages also allow costs and attorneys fees.
Photographers have a right to insist that their copyright be respected to insure that the quality of their work is preserved, and that the usage is restricted to that for which they have been compensated. If a client desires other uses of a photograph or additional reproductions of same, then they must secure the photographers permission and provide compensation or be guilty of infringement of the photographers copyright, which is a Federal violation and can become very expensive.