Rights Policy

The daguerreotype, one of the earliest styles of photograph during the mid-19th century, only produced one original photograph. In those days there was no copyright problem, because the daguerreotype was exposed directly onto one silver-coated glass surface and the photograph was the sole original, like a painting.

At that time, photographs were very expensive and a photographer had to have a particular skill and special gadget. Photographers mainly took photo portraits of wealthy people who could afford to pay for them. These wealthy people were happy to pose for photographs, because it was a demonstration of their power.

After the daguerreotype, silver halide photography was developed and improved rapidly. First a negative was a wet plate coated with photosensitizing agent, then a dry plate, then finally to a film. A negative was an original image and it also aimed to make it possible to produce multiple photo-prints from the negative.

Meanwhile, camera technology also evolved, and it became possible to take multiple photos all of equal quality. Print technology made it possible to produce many photo prints, and then we started asking 'what is an original photo?' Right of portrait issues also became a problem for people who were photographic subjects during that time.

Copyright /right of portrait issue started to become problematic, when photography started to take part in printed media, especially magazine and so forth. Now we are in the middle of the digital photography age. Some young photographers nowadays do not know what a darkroom, an enlarger or a negative is. The moment the shutter clicks, it is possible to easily reproduce many copies of your digitized image. Digital photography has the potential risk to circulate copies of the same quality as "the original". Those copies are no longer deteriorated.

The Japan Professional Photographers Society website defines a 'copyright' as "a right which is authorized to an artist by law when s/he publishes or broadcasts his/her art after writing a novel, composing music, or taking a photo. It includes both financial and individual rights." The free encyclopedia Wikipedia states that "copyright is a set of exclusive rights that is authorized to an author (=creator) and is a part of intellectual property rights; mainly moral rights and property rights."

Wikipedia also describes 'portrait rights' as a human right that a portrait (a figure, a form and an image etc.) has. "It includes personal rights and property rights. It also refers to as a part of privacy right."

Global Photo Exchange believes that copyright and portrait rights must be strictly respected and that related issues are very important. We also realize that our service may carry the risk of the violation of copyright or portrait rights, because the GP website enables to the purchase or selling of digital photos from all over the world.

But it is perhaps better to leave well enough alone sometimes, because GP thinks a photographer is worse off if he or she worries too much about copyright or portrait rights and consequently tries not to take or sell portrait photos.

GP asks members to take some time to develop their own personal guidelines on the issue, because once the shutter clicks, it automatically generates copyright and portrait rights.

The GP editorial section is always available to answer your questions about copyright and portrait rights. GP will also do its best to prevent any related problems.

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