Can my wedding or family portraits be made into PhotoClocks. Who owns copyright?
Under Australian law, if you have taken the photo you automatically receive copyright protection by virtue of being the person who created the work. Generally, the person who created a photograph or artistic work is the owner of copyright. However s 35(5) of the Australian Copyright act creates an exception for photographs taken after the 30th of July 1998. If the photograph has been commissioned for a “private or domestic” purpose the person who paid for the photograph (or client) is the owner of the copyright unless otherwise agreed. In this case, “private and domestic purposes” includes photos of children, weddings and/or family members. However, it is important to remember two things: If an agreement has been signed giving the photographer copyright ownership – the legislation will not apply; and Where a client commissions a photographer to produce a work for “private and domestic” purposes – the photographer may still be able to prevent you from using the work in other ways (i.e.
