Can photographs be copyrighted?

Yes, photographs can be copyrighted in Virginia. Copyright law in Virginia and throughout the United States ensures that the creator of a photograph has exclusive rights to reproduce, distribute, and display the photograph. Copyright law essentially gives the photographer control over how the photograph can be used. Copyright extends to all types of photographs taken, including photographs taken for commercial use and personal use. A copyright is automatically obtained for any photograph taken and does not require the photographer to take any additional steps to obtain the rights. Copyright fixes the ownership of the photograph with the photographer. The photographer can limit the use of the photograph by specifying on the photograph a copyright notice, for example by indicating it is for non-commercial use only, or does not allow any alteration or display of the photograph without the permission of the photographer. To further protect the photograph, the photographer can register the photograph with the U.S. Copyright Office. This will provide the photographer with additional protection should the copyright be infringed upon. All photographers should be familiar with the copyright law of Virginia and the United States to ensure that their creative works are properly protected. Copyright law provides an important form of protection that affords photographers the ability to control how their photographs are used.

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