Using photographs

Jessica Needle's blog | Created 10 years ago

With many new displays and exhibitions being developed around WA for the Centenary of ANZAC, it’s a good time to brush up on copyright law. As you may know, owning a photograph doesn’t mean the same as owning the copyright; for example, a studio photographer owns the copyright of a family portrait, not the family in it. Similarly, you may not own the copyright for the photographs in your collection. In fact, the donor of the photograph may not own the copyright either! Here are a few questions that might help when planning to use a photograph in an exhibition:

  • When was the photo taken? Copyright has expired for photos taken prior to 1 January 1955. (This is good news for Centenary of ANZAC projects!)
  • Who owns copyright? This may be the photographer, or if the photograph was published in a book or newspaper, it may be the publisher.
  • How can I contact them to ask for their permission to use the image? If you found the photo through a library or archive, they may have contact details for the copyright holder.
  • Will I need to pay the copyright holder? Some copyright holders will waive fees for not-for-profit organisations, so make sure you mention that.
  • Do I need to include the copyright holder’s name on the panel?

If you get permission from the copyright holder to use an image, it’s important to document this by keeping the email or letter. The permission will be specific to the use you’ve agreed upon, so if you want to use it again (for example in a brochure or poster) you’ll need to get permission for that too.

There are useful information sheets on the Australian Copyright Council’s website. To get started, the sheet ‘Permission: How to Get It’ gives a good overview, and ‘Photographers & Copyright' deals with issues relating to photographs.