Everyone owns copyrights. But not everyone has a need to enforce their rights. As an operation of law, copyright rights “attach” to a work the moment it is created—and the most common type of work that almost everybody creates is the photograph. Typically, we tend to think about copyright in context to professional photography, and this makes sense. But today, with high-quality cameras in every hand and social platforms that turn shared images into “memes,” sometimes the unexpected snapshot or short video will go viral and acquire market value.
As we reported recently, Laney Griner owns the rights to a photograph she took more than a decade ago of her toddler Sam, and that photo gained online popularity as the meme “Success Kid.” Griner both registered the photograph with the U.S. Copyright Office and, on occasion, licensed the image for commercial use. And recently, Griner proved that just because a work is online—even as a popular meme—that doesn’t make it free to use by anyone for any reason. When former Congressman Steve King used “Success Kid” as campaign material, Griner sued for copyright infringement and won. This would not have been possible without registering “Success Kid” with the Copyright Office.
Of course, “luck” doesn’t only apply to the amateur. Many professional photographers recognize that “luck” is often part of capturing that award-winning or iconic image. And it is no surprise that these works are widely shared online. But even if it isn’t practical or proper to take legal action against every use, there will inevitably be a use (like Rep. King’s use of “Success Kid”) that the creator does care about. As such, professional creators should make registration part of their workflow—especially to protect the best and most popular works.
Meanwhile, millions of images and other protectable expressions are shared online every day by people who don’t think of themselves as professional creators. And occasionally, a creative work—usually a photograph—becomes popular for years. And if you should ever have this happen with one of your photos, you might want to consider registering that work with the Copyright Office. Because that lucky shot just might be worth more than you think!
