Legal Question in Business Law in California
if you take a photo in another country, does this fall under the copyright laws of the photographer's country or the copyright law of the country that you take the photo in?
can you get a copyright as a photographer in a country that you do not live in?
2 Answers from Attorneys
The copyright follows the photographer. Thus, if you live in the USA but take a photo in Canada, your copyright is valid in the USA. You can register that copyright in the USA and in Canada � and in any other country that permits non-residents to hold copyright under its laws.
THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.
Ms. Delain is mostly right. Copyright does indeed belong to the photographer wherever they go. It requires no formal registration. However, enforcement follows use. So if an image is pirated and used in a magazine published in Namibia, you would have to enforce your copyright under Namibian law in Namibian courts. You are also free to register the copyright in any country that allows registration, regardless of where the image was taken or the photographer resides, although how to go about the registration and what protections it affords are again local.
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