Copyright and Portrait Photography

Description: Copyright and Portrait Photography Quiz
Number of Questions: 15
Created by:
Tags: copyright portrait photography photography law
Attempted 0/15 Correct 0 Score 0

What is the general rule for copyright protection of portrait photographs?

  1. The photographer automatically owns the copyright to the photograph.

  2. The subject of the photograph automatically owns the copyright to the photograph.

  3. The copyright is shared between the photographer and the subject of the photograph.

  4. Copyright protection for portrait photographs is not available.


Correct Option: A
Explanation:

In most jurisdictions, the photographer is considered the author of a portrait photograph and automatically owns the copyright to the image.

What is a model release?

  1. A legal document that gives the photographer permission to use the subject's image for commercial purposes.

  2. A legal document that gives the subject permission to use the photographer's image for commercial purposes.

  3. A legal document that gives the photographer and the subject joint ownership of the copyright to the photograph.

  4. A legal document that waives the photographer's copyright to the photograph.


Correct Option: A
Explanation:

A model release is a legal document that is signed by the subject of a photograph, giving the photographer permission to use the image for commercial purposes.

When is a model release required?

  1. When the photograph is used for commercial purposes.

  2. When the photograph is used for editorial purposes.

  3. When the photograph is used for personal purposes.

  4. A model release is never required.


Correct Option: A
Explanation:

A model release is generally required when the photograph is used for commercial purposes, such as advertising, marketing, or promotion.

What are the elements of a valid model release?

  1. The subject's name, signature, and date.

  2. A description of the photograph.

  3. A statement that the subject consents to the use of the photograph for commercial purposes.

  4. All of the above.


Correct Option: D
Explanation:

A valid model release typically includes the subject's name, signature, and date, a description of the photograph, and a statement that the subject consents to the use of the photograph for commercial purposes.

What are the consequences of using a photograph without a valid model release?

  1. The photographer may be sued for copyright infringement.

  2. The subject of the photograph may be sued for copyright infringement.

  3. Both the photographer and the subject of the photograph may be sued for copyright infringement.

  4. None of the above.


Correct Option: A
Explanation:

Using a photograph without a valid model release may result in the photographer being sued for copyright infringement.

What is the fair use doctrine?

  1. A legal doctrine that allows the use of copyrighted material without permission for certain purposes, such as criticism, comment, news reporting, teaching, scholarship, or research.

  2. A legal doctrine that allows the use of copyrighted material without permission for any purpose.

  3. A legal doctrine that prohibits the use of copyrighted material without permission.

  4. None of the above.


Correct Option: A
Explanation:

The fair use doctrine is a legal doctrine that allows the use of copyrighted material without permission for certain purposes, such as criticism, comment, news reporting, teaching, scholarship, or research.

How does the fair use doctrine apply to portrait photography?

  1. The fair use doctrine allows the use of portrait photographs without permission for any purpose.

  2. The fair use doctrine allows the use of portrait photographs without permission for certain purposes, such as criticism, comment, news reporting, teaching, scholarship, or research.

  3. The fair use doctrine does not apply to portrait photography.

  4. None of the above.


Correct Option: B
Explanation:

The fair use doctrine allows the use of portrait photographs without permission for certain purposes, such as criticism, comment, news reporting, teaching, scholarship, or research.

What are some examples of fair use of portrait photographs?

  1. Using a portrait photograph in a news article.

  2. Using a portrait photograph in a book about the history of photography.

  3. Using a portrait photograph in a documentary film.

  4. All of the above.


Correct Option: D
Explanation:

Examples of fair use of portrait photographs include using the photograph in a news article, in a book about the history of photography, or in a documentary film.

What are some examples of copyright infringement of portrait photographs?

  1. Using a portrait photograph in an advertisement without permission.

  2. Using a portrait photograph on a product label without permission.

  3. Selling copies of a portrait photograph without permission.

  4. All of the above.


Correct Option: D
Explanation:

Examples of copyright infringement of portrait photographs include using the photograph in an advertisement without permission, using the photograph on a product label without permission, or selling copies of the photograph without permission.

What are the penalties for copyright infringement of portrait photographs?

  1. The photographer may be awarded damages.

  2. The subject of the photograph may be awarded damages.

  3. Both the photographer and the subject of the photograph may be awarded damages.

  4. All of the above.


Correct Option: D
Explanation:

The penalties for copyright infringement of portrait photographs may include the photographer being awarded damages, the subject of the photograph being awarded damages, or both the photographer and the subject of the photograph being awarded damages.

What are some tips for avoiding copyright infringement of portrait photographs?

  1. Get a model release from the subject of the photograph.

  2. Use the photograph only for personal purposes.

  3. Use the photograph only for editorial purposes.

  4. All of the above.


Correct Option: D
Explanation:

To avoid copyright infringement of portrait photographs, photographers should get a model release from the subject of the photograph, use the photograph only for personal purposes, or use the photograph only for editorial purposes.

What is the difference between copyright and trademark?

  1. Copyright protects original works of authorship, such as photographs, while trademark protects distinctive signs, such as brand names and logos.

  2. Copyright protects original works of authorship, such as photographs, while trademark protects original works of art, such as paintings and sculptures.

  3. Copyright protects original works of authorship, such as photographs, while trademark protects original works of music, such as songs and compositions.

  4. Copyright protects original works of authorship, such as photographs, while trademark protects original works of literature, such as books and poems.


Correct Option: A
Explanation:

Copyright protects original works of authorship, such as photographs, while trademark protects distinctive signs, such as brand names and logos.

What is the difference between copyright and patent?

  1. Copyright protects original works of authorship, such as photographs, while patent protects new and useful inventions.

  2. Copyright protects original works of authorship, such as photographs, while patent protects new and useful designs.

  3. Copyright protects original works of authorship, such as photographs, while patent protects new and useful plants.

  4. Copyright protects original works of authorship, such as photographs, while patent protects new and useful animals.


Correct Option: A
Explanation:

Copyright protects original works of authorship, such as photographs, while patent protects new and useful inventions.

What is the difference between copyright and trade secret?

  1. Copyright protects original works of authorship, such as photographs, while trade secret protects confidential information.

  2. Copyright protects original works of authorship, such as photographs, while trade secret protects confidential business information.

  3. Copyright protects original works of authorship, such as photographs, while trade secret protects confidential customer information.

  4. Copyright protects original works of authorship, such as photographs, while trade secret protects confidential employee information.


Correct Option: B
Explanation:

Copyright protects original works of authorship, such as photographs, while trade secret protects confidential business information.

What is the duration of copyright protection for portrait photographs?

  1. The life of the photographer plus 70 years.

  2. The life of the subject of the photograph plus 70 years.

  3. 100 years from the date of creation.

  4. 50 years from the date of publication.


Correct Option: A
Explanation:

In most jurisdictions, the duration of copyright protection for portrait photographs is the life of the photographer plus 70 years.

- Hide questions