Can photographs be copyrighted?

Yes, photographs can be copyrighted in Washington. Copyright law gives the creator of a photograph, known as the copyright holder, certain exclusive rights. These rights include the right to reproduce the photograph, and the right to display or perform the photograph publicly. Copyright law also protects the photographer from any unauthorized copying or use of the photograph. In most cases, when a photographer takes a photograph, they automatically own the copyright. This means that other people cannot use their photograph without their permission. However, if the photo is taken for a commercial purpose, like for a magazine cover, the photographer must sign a contract to indicate that the photo is being used for the company’s use only. It is important to note that copyright does not necessarily protect the subject of the photograph. Copyright protects the photographer’s original, creative work and not the people or things in the photograph. So, even if someone else takes a similar photograph of a person, or the same scene or object, they will not be infringing on the copyright holder’s rights. Copyright can also be transferred and assigned to other people. This means that the copyright holder can authorize another person or business to use the photograph. In this case, the other person must obtain permission from the copyright holder in order to use the photograph and any reproduction or distribution must occur with the permission of the copyright holder.

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