Who owns the photos? Copyright and image rights explained

Photo copyright is the set of rights a creator has over their work. The World Intellectual Property Organization (WIPO) describes copyright as covering literary and artistic works, including photographs and films, and notes that it protects the expression, not ideas or methods as such.¹ So the photograph of a health worker is protected; the idea of photographing health workers is not.

Protection starts the moment the work exists. Under the Berne Convention, the enjoyment and exercise of these rights is not subject to any formality.² WIPO adds that in most countries protection is automatic, although many offer voluntary registration, which can help in an ownership dispute.¹ The © symbol is no longer a legal requirement either.³

The general rule is simple: the first owner of copyright is usually the person who created the work.³ The exceptions concern employment. WIPO notes that in some countries the economic rights rest first with the employer, while in others they are deemed to be transferred to the employer, and it advises checking with the national IP office.³

Commissioned work is where most misunderstandings start. UK government guidance, as one example, says a freelancer working under a contract for services usually keeps copyright unless the contract says otherwise, and that without a clear written agreement the commissioner may get only a limited non-exclusive licence.⁴ Other countries take different approaches, so never assume that an invoice transfers ownership. Settle it in the contract before the shoot.

An owner can authorise others to use a work through a licence or through an assignment of rights.³ An assignment transfers ownership. A licence keeps ownership with the photographer but gives you permission for defined uses. For most organisations a well-written licence is enough, provided it is broad enough for how the images will really be used.

In our own practice, we agree usage rights in writing before any shoot and cover the points below. Donor and partner use deserves special attention, because a programme photograph often ends up in a partner's annual report, a donor's website or a joint campaign. If the licence names only your organisation, each of those uses needs fresh permission, which is slow to obtain years later.

• Media: web, social media, print, broadcast, exhibitions, advertising.
• Who may use the images: your organisation only, or named partners and donors too.
• Territory and period: worldwide and without time limit, or restricted.
• Exclusivity: whether the photographer may license the same images to others.
• Editing: cropping and colour correction allowed, but no changes to meaning.
• Credit line: exactly how the photographer should be named.

Copyright has two sides. Economic rights let the owner benefit from the use of a work, while moral rights protect the author's non-economic interests.¹ The Berne Convention says that, independently of the economic rights and even after they are transferred, the author can claim authorship and object to any distortion or modification that would be prejudicial to their honour or reputation.²

For communications teams this means two habits. Credit photographers consistently, in the way agreed. And do not alter an image so that it changes what happened or misrepresents the people in it; that is a question of ethics as much as of law.

The Berne Convention sets a general minimum term of the life of the author plus 50 years.² For photographic works it leaves the term to national law but requires at least 25 years from the making of the work.² WIPO notes that the term is set by national legislation and that some countries protect works for longer.³ In practice, assume that any photograph your organisation uses is still protected unless you have clear evidence otherwise.

Rwanda's current framework is Law N° 055/2024 of 20/06/2024 on the protection of intellectual property, published and in force from 31 July 2024, which repealed the earlier Law No. 31/2009.⁵ Its copyright title contains articles on protected works, originality, the presumption of ownership of copyright and the filing of an application to register a work, followed by articles on the author's moral and economic rights and their limits.⁶

Because the specific rules on employment, commissions and duration matter, read those articles in the official text or take legal advice before relying on them. If you work across East Africa, remember that rules vary by country, and a contract that states ownership and usage rights clearly is the safest approach everywhere.

WIPO warns that many people wrongly treat works on the internet, including social media, as public domain; they remain protected, and you should generally seek the owner's authorisation before use.³ Some websites offer a general licence that may cover certain uses, sometimes only non-commercial ones.³ Limited exceptions, such as quotation compatible with fair practice, exist in international law and national legislation, but they are narrow.²³

A Creative Commons licence is one such general permission. Read the exact licence attached to the image and follow its conditions, including how to credit the creator. The IPTC photo metadata standard lets you embed this information in the file itself, with fields for the creator, the copyright notice, the credit line and rights usage terms, which may indicate a Creative Commons licence.⁷

Finally, image rights are wider than copyright. Owning a photograph, or holding a broad licence, does not mean the people in it agreed to every use. A portrait taken for a training manual may not be suitable for a fundraising appeal. Keep informed consent records alongside your licences, note any limits people set, and check both before an image is reused.

• Ownership or licence agreed in writing before the shoot
• Uses, partners, territory and period named in the contract
• Credit line agreed and applied every time
• No edits that change the meaning of an image
• Creator, copyright and usage terms embedded in metadata
• Licence checked for every image found online
• Consent records stored with the photographs
• National law checked, or legal advice taken, for each country