Ahmad noticed that his family portrait was posted on a Facebook page run by the photographer for publicity purpose. He is furious but wait a minute, does he actually own the copyright of the family portrait?
Our client, Ahmad came to us one day for advice. Ahmad’s sister has completed her study in Universiti Malaya. Ahmad decided to hire a professional photographer to take family portrait to capture this memorable moment. Fast forward 3 months later, to his utter surprise, Ahmad noticed that his family portrait was posted on a Facebook page run by the photographer for publicity purpose. He is furious but wait a minute, does he actually own the copyright of the family portrait?
The general rule is that the author of a photograph owns the copyright of the photograph. But who is the author of a photograph? Copyright Act 1987 provides that an author in relation to photographs means ‘the person by whom the arrangements for the taking of the photographs were taken’. In simple terms, it means the photographer of a photo owns the copyright.
However, things are different when a photographer is hired by someone to take photos. Copyright Act 1987 provides that when someone is hired to take photo, the copyright shall be deemed to be transferred to the person who hired the photographer. So, in the scenario mentioned in the beginning of this article, Ahmad as the hirer, owns the copyright of the family portrait.
Finally, the laws allow parties to depart from this rule if they agree to do so. This means that a hirer may agree for the photographer to own the copyright. Sometime this kind of agreement may be found in fine printing. Therefore, it is recommended to fully understand all the written terms and conditions handed to you before you formally appoint your photographer.
If Ahmad did not transfer away the copyright to the photographer, then as the copyright owner, he can rightfully request the photographer to take down the photo from the Facebook page.
We have more than 10 years of experience in the field of intellectual property and have successfully assisted in solving many intellectual property issues.
If you encounter any interesting issues on intellectual property, feel free to drop a comment below.
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