# Can a copyright on a photo physically prevent its copy?

**URL:** <https://boards.straightdope.com/t/can-a-copyright-on-a-photo-physically-prevent-its-copy/376045>\
**Category:** Factual Questions\
**Created:** [October 11, 2006, 12:57pm UTC](https://boards.straightdope.com/t/can-a-copyright-on-a-photo-physically-prevent-its-copy/376045 "2006-10-11T12:57:22Z")\
**Posts on this page:** 2\
**Page:** 2

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**Author:** ![Raguleader](https://avatars.discourse-cdn.com/v4/letter/r/258eb7/32.png) [@Raguleader](https://boards.straightdope.com/u/Raguleader)\
**Post date:** [October 11, 2006, 11:51pm UTC](https://boards.straightdope.com/t/can-a-copyright-on-a-photo-physically-prevent-its-copy/376045/21 "2006-10-11T23:51:38Z")

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[QUOTE=Emilio Lizardo]  
Slightly off-topic, does possesion of the negatives imply release of copyright? I don’t remember getting a waiver from our wedding photographer, but we’ve got the negs so I assume we can copy away to our hearts content.  
[/QUOTE]

It sounds like it might, but I’d ask the photographer. Some photographers do what I like to call “Catch and Release” photography, shooting the photos and then turning everything over to the client and washing his hands of it. Might be he is fine with you making copies for personal use, but not for selling or whatever.

So yeah, like I said, call him up and ask.

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**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [October 12, 2006, 1:11am UTC](https://boards.straightdope.com/t/can-a-copyright-on-a-photo-physically-prevent-its-copy/376045/22 "2006-10-12T01:11:08Z")

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[QUOTE=gotpasswords]  
It might have helped the photographer prevail - If the printed copy was of good enough copy, they’d have been able to scan it, read the Digimarc code and say “That’s my code number, so it’s my image.”  
[/QUOTE]  
Where Digimarc helps is if you pick up a copy of TimeWeek Magazine and see a photo which is credited to TimeWeek staff. Thing is, you took that photo, marked it with Digimarc, and then put on your web site. You take the magazine to someone who has the equipment to read it, and they confirm that it’s your photo. You take the evidence to court and sue their pajamas off.

However, in the case described in the article linked earlier, there was never any doubt as to who took the picture or who owned the copyright. So Digimarc wouldn’t have come into play. The newspaper agreed all along that the photo belonged to that photog, but they insisted that they had the right to use it. The issue was whether they had a right to publish it under Fair Use. So the case was decided on the interpretation of Fair Use, rather than who held the copyright.

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