Are you someone who promotes or talks about a brand on your social media handles, including your websites or YouTube channel? If yes, then you must read this post to make yourself aware of the Guidelines[1] issued by the Advertising Standards Council of India (ASCI)[2] effective from 14 June, 2021, to ensure compliance. Therefore, theseContinue reading “ASCI Guidelines Applicable on Influencers in India”
Category Archives: Photography & Law
Regulations for Using Drone in India
While flying drone in India is not illegal, there are certain regulatory restrictions in India that you must be aware of before you make a hefty investment in buying a drone. Further, you must have a clear understanding of all operational and regulatory issues, to avoid landing into deep trouble, like, your drone being confiscatedContinue reading “Regulations for Using Drone in India”
Trademark for Photographers
What is Trademark? A trademark is a source identifier in the form of any indicia (sign, design or expression) that is capable of distinguishing a product/service of a certain company or person from the products of others. It can be in the form of word marks, stylised marks, logos, labels, product packaging / trade dress,Continue reading “Trademark for Photographers”
Difference between assigning and licensing a photograph
When you assign your rights in a photograph for a valuable consideration (fee), that is a complete transfer where you do not retain any rights. On the other hand, when you license somebody to use your photograph, that is merely a permission to use your photograph in certain ways, for a certain period, within certainContinue reading “Difference between assigning and licensing a photograph”
Copyright in a Photograph: Protection and Infringement
How do I protect my copyright in a photograph? Owning a camera does not mean that you will have copyrights in the photographs produced by it. The ownership of a photograph can be with other individuals as well, if the photograph is taken in the course of employment, under a contract of service, apprenticeship, forContinue reading “Copyright in a Photograph: Protection and Infringement”
‘Authorship’ and ‘Ownership’ of Copyright in a Photograph in India
As photographers, we often tend to think that we are the owner of the photograph and we can post them anywhere. Sometimes, we do not even bother to ask the person for whom we clicked these photographs, or the persons who may be there in the frame. This is where we invite troubles and landContinue reading “‘Authorship’ and ‘Ownership’ of Copyright in a Photograph in India”
Registration of Copyright in a Photograph
Is it necessary to register copyright in a photograph to claim copyright? No. You acquire copyright in a photograph automatically, without any legal formality. Copyright comes into existence as soon as you click a photograph. The photograph need not be a final edited image to claim your copyright in it. However, certificate of registration ofContinue reading “Registration of Copyright in a Photograph”
Copyright in a Photograph
What is copyright? Copyright is a bundle of right that is provided to owners of original literary, dramatic, musical, artistic as well as sound recording and cinematograph films to exclusively reproduce their work or substantial part of it. It ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewardingContinue reading “Copyright in a Photograph”
Registration and Assignment of Copyright on a Photograph in India: FAQs
1. Is photograph an ‘artistic work’ within the meaning of Indian Copyright Act? As per Section 2(c)(i) of the Indian Copyright Act, 1957, (the “Act“) a photograph is an ‘artistic work‘ even though it may not possess any artistic quality. 2. Who is considered to be the ‘author’ in a photograph? As per Section 2(d)(iv) ifContinue reading “Registration and Assignment of Copyright on a Photograph in India: FAQs”
Copyright Registration of Artistic (Photography) Work in India
Why Register Copyright? I am an amateur photographer and usually post copies of most of the photographs I click on my personal website. One day it occurred to me that I should get my best photographs copyright registered with the Copyright Office to prevent others from using my photographs without my permission. So I beganContinue reading “Copyright Registration of Artistic (Photography) Work in India”