Can photographs be copyrighted?

Yes, photographs can be copyrighted in California. Copyright law protects original works of authorship. Photographs are considered to be original works of authorship as long as they contain some creative expression. This means that the photographer must have taken the photo in a unique way or composed the photo in a way that is different from any other photo. The photograph must also be fixed in a tangible form, like a physical framed picture or digital file. Once the photograph meets the criteria of originality, the photographer will automatically have the rights to the photograph, even if it is not registered with the copyright office. The photographer will be able to control who can use the photograph by providing or withholding permission. They may also receive monetary compensation for the use of the photograph. If the photograph is registered with the copyright office, it provides stronger protection. If someone uses the photograph without permission, the photographer can take legal action. The copyright office can issue a copyright infringement claim and seek damages for the unauthorized use of the photograph. In California, copyright registration for all photographs is handled through the copyright office of the US Library of Congress. Photographers must submit their work for copyright registration in order to protect their creative works.

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