What are the laws around this?
For a copyright to exist, you need an express authorization and/or permission from the owner(s) of the original image. The photographer must grant an authorization and/or permission to a copyright owner in order to be able to use the photo under the terms laid out in the photo copyright laws.
Under the Copyright Act, the photographer must give permission for the owner to use the photo commercially, in the photo’s own name/logo, in any way to create derivative works of the original photograph, and for advertising purposes to any extent whatsoever, not only outside Canada and with the consent of the copyright owner, except that a person can claim copyright to non-Canadian art, like a painting or sculpture, as long as this is done under a Canadian grant of rights.
Who is going to cover my image?
The photo itself has to be a public domain photo, so there is no need for anybody outside the artist to cover it under your photo. However, there is usually no need to go in for further compensation for covering your photo. The image will be covered by the photographer, but there is no need to go into debt, buy more rights, and so forth – and this would only be a bad thing for photography!
What is the procedure for licensing rights in a photo with rights to use the image?
For a photographer licensing rights to use the photo to use for an image, the process is quite complex, but for the purposes of this blog post, we will only be covering the following:
The procedure for licensing rights to put a name/logo on your image is quite simple:
The photographer writes a permission request via the appropriate website/email address. This can either be an email address listed in the copyright page of the copyright owner or on the copyright page of the photographer’s website. If a photographer does not have a website, you have to refer to the photographer’s contact (or other) website. After the photographer completes the request and sends it to the copyright owner, the photographer submits the permission request fee with the license request via the appropriate email address in the form of money orders (or equivalent, with money order and bank transfer, usually). If the photographer has a website, they will probably provide their website URL and/or an email address in case you call them. The copyright owner can then respond. The copyright owner will usually send them back a response and they will then approve
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