Photo copyright

Article 6 of EU Directive 93/98 expressly provides that the photograph in the sense of the International Berne Convention is considered original, as long as it is the result of the personal intellectual work of its creator, regardless of its emotional appreciation or other appreciation of the work, for example, its usefulness which is indifferent to the his protection. As long as the above requirements of the law are met, the law protects the work, as an intangible asset (not as a material object per se that embodies the intellectual creation) and only in relation to the specific form given to it by its creator. Intellectual property rights consist of the "property" and the "moral right" of intellectual property. "Exploiting the right" is a power of property right, and "acknowledging the authorship" of each photograph is a power of moral right. Taking into account these rights, the photographer can allow or prohibit the use of his work, determine the terms of its exploitation, as well as his name as the creator of the photograph. – Photographs are protected as independent works and, in order to be legally exploited by third parties, the creator photographer must have assigned a corresponding right ("license") for each specific use of his work or have transferred the property right of the work of. – The exploitation license (photo use) is granted only by the photographer creator, since the use of the photos is part of the photographer's intellectual right (specifically his property right). This means that the photographer, whether as a freelancer or as an employee, does not "sell" photographs, but "transfers" his property right over them or "assigns" certain powers of his property right (because the moral right is inalienable), against an agreed fee. - Any use of a photo (copying, reproduction, etc.) without permission from its creator is illegal and the penalties of the law, criminal and civil, are very strict. As an example, we mention that the criminal sanctions can be imprisonment of at least one year and compensation of at least twice the market fee of each project.