Table of Contents
- What is Copyright?
- What is Poor Man's Copyright?
- How to Register Your Copyright
- How to Enforce a Copyright Claim
- How to Protect Your Product Images from Being Copied Online
- Professional Product Photo Editing Services
- FAQ
Protecting your product photography is not something you can afford to ignore. Copyright protection is especially important for online retailers, who depend on strong product imagery to engage customers and drive sales.
Fortunately, there are practical steps you can take to safeguard your images from digital theft. One of the most effective methods is registering a copyright on your product photos. This gives photographers a legal right to their work and provides specific remedies if that work is infringed upon.
In this article, we cover what copyright registration involves and how to go about protecting your product images across different jurisdictions.
Start your free trial — We help eCommerce businesses create professional, marketplace-ready product images. Get started here.
What is Copyright?
Copyright protects an author's intellectual property in a concrete form. It gives the creator of the work exclusive control over how their images are used and shared. In practical terms, if you take a photograph — whether it is a product shot or a landscape — you automatically own the copyright to that image. You can then register this copyright with a government agency for additional legal protection.
However, creative ideas alone are not protected by copyright. If you have an idea for a product photo but do not actually create it, someone else can legally photograph the same concept. Once the image is created, though, you can register the copyright and take legal action if someone uses or copies it without permission.
What is Poor Man's Copyright?
Although the photographer who captures a photograph automatically retains intellectual property rights, formally registering that copyright typically comes at a cost.
Poor man's copyright provides proof that you were the first to possess the image before any other potential claimant. Before publishing your photograph, you can consult a notary, post a copy to yourself via recorded delivery, or use another reliable method where the date is clearly documented. This allows you to demonstrate that the work was yours first, should another person attempt to claim ownership.
Keep in mind that this is not a substitute for formal copyright registration — it serves as supplementary evidence if you need to defend your work in court. The legal weight of this approach varies by jurisdiction, so it is best to consult a solicitor for specific advice.
How to Register Your Copyright
If you are serious about protecting your product photos, formal copyright registration is the strongest method available. Here are the guidelines for key markets.
USA
- Visit the US Copyright Office website
- Open the Registration menu and select "Register Your Work: Registration Portal"
- Sign up for an eCO account or log in if you already have one
- Complete the application to register your work — the standard form covers freelance, team-based, or individual work
- If registering a series of photographs, select either 'unpublished' or 'published' from the dropdown menu
- Follow the on-screen instructions to complete the registration
- Click "Add to Cart" and pay the registration fee — you will receive a confirmation email acknowledging payment (this is not yet official registration)
- Upload a copy of your photograph, ensuring the file type is accepted by the system
- Click "Complete Your Submission" to finalise — a confirmation email will follow
Canada
Copyright law in Canada protects photographs, though it remains a nuanced area. Organisations such as CAPIC recommend using contracts alongside copyright registration for maximum protection.
- Fill out a form on the Canadian Intellectual Property Office website or at your nearest Client Service Centre
- Submit your application and pay the fee electronically, by post, or in person — online submission is the most cost-effective option
- Follow the step-by-step instructions — there is no need to submit a copy of the work, just enter the relevant details into the form
Australia
In Australia, your intellectual property is recognised and protected as soon as it is created. Unlike the United States, there is no federal agency where you can formally register your copyright.
If someone unlawfully uses your photo, you will need to prove ownership to make a successful claim. Written agreements and contracts are essential for this purpose. It is strongly recommended to consult a solicitor to draft your own agreement or review any contract offered by a client.
United Kingdom
In the UK, your photographs are immediately copyrighted upon creation — no registration is required. However, it is highly advisable to get legal counsel to create contracts or review agreements proposed by customers or employers.
The Intellectual Property Office is the primary resource for copyright guidance. Their Copyright Notice Service helps resolve disputes and provides an authoritative, impartial point of reference.
The IPO can also issue an 'orphan work licence' when a photograph has been produced by an unidentified author. Submitting enquiries is free of charge via their online form.
How to Enforce a Copyright Claim
When you discover that someone is using your images without permission, you need to decide how to proceed.
If the person who misused your photos is not profiting from them and simply lacks awareness of copyright law, many photographers choose to reach out and request removal without taking legal action.
If your copyright has been clearly infringed and someone is profiting from your work, it is time to seek legal counsel. A solicitor can help you build a case and pursue the necessary steps to obtain justice and compensation.
When pursuing an infringement lawsuit, you must determine whether to request statutory damages or seek reimbursement for actual damages. If you wish to claim statutory damages, it is crucial to register copyright before any infringement occurs or within the first three months after the infringement.
How to Protect Your Product Images from Being Copied Online
Copyright violation can take various forms — using an image without authorisation, creating derivatives from the original work, or selling and distributing copies for profit.
Here are practical strategies to protect your product images, ranging from free to paid options:
- Register the copyright — The most robust way to protect your product photos from misuse
- Add a watermark — An effective deterrent that makes it harder for someone to pass off your work as their own, whilst also serving as a visible reminder of ownership
- Include metadata — Hidden data within the image serves as a record of ownership if it is misused
- Avoid sharing high-resolution images — Share lower-resolution versions online so the original cannot be reproduced without permission
- Read the terms and conditions — Before uploading to any platform, ensure you fully understand the copyright policies
- Add a disclaimer or copyright symbol — Make it clear that unauthorised use is not permitted
- Disable right-click options — Prevent casual copying by disabling right-click on your website
- Hire legal protection — In serious cases, a solicitor can pursue a formal copyright claim on your behalf
- Use monitoring software — Specialist tools or third-party services can track where your images appear online, ensuring misuse is identified quickly
- Get a DMCA protection certificate — Protects images across multiple platforms and ensures those who use them without permission face consequences
- Try the poor man's copyright — Send a copy to yourself via recorded delivery and keep it sealed as evidence
Combining several of these strategies gives you the strongest protection for your product images.
Professional Product Photo Editing Services
With over 10 years of experience and 380+ eCommerce clients, Pixel By Hand specialises in product photo editing that makes your images look their absolute best — and harder for competitors to replicate convincingly.
Our services include:
- Background removal
- eCommerce photo retouching
- Colour correction and balancing
- Sharpening and clarity adjustment
- Cropping and resizing
- Clipping paths
- Ghost mannequin editing
We also offer watermarking and metadata services to help protect your images from unauthorised use.
Send us your images for a free sample edit — See the difference professional editing makes to your product photography. Start your free trial.
FAQ
Do I automatically own the copyright to product photos I take?
Yes. In most jurisdictions — including the UK, USA, Canada, and Australia — copyright is automatically granted to the person who creates the photograph. However, formal registration (where available) provides stronger legal protection if you need to enforce your rights.
Is watermarking enough to protect my product images?
Watermarking is a useful deterrent but not foolproof. Determined infringers can crop or edit out watermarks. For comprehensive protection, combine watermarking with copyright registration, metadata, and regular monitoring.
What should I do if I find someone using my product photos without permission?
Start by contacting the infringer directly and requesting removal. If they refuse or are profiting from your images, consult a solicitor about filing a formal copyright claim. You can also submit a DMCA takedown notice to the hosting platform.
How much does it cost to register copyright on product photos?
Costs vary by jurisdiction. In the USA, online registration through the Copyright Office starts at around $65 for a single work. In the UK, copyright is automatic and free — no registration is required. In Canada, filing fees are modest when submitted online.
Can I copyright product photos taken by someone I hired?
This depends on your contract. If you hired a photographer as an employee, you typically own the copyright. If you hired a freelancer, the photographer usually retains copyright unless the contract explicitly transfers it to you. Always clarify ownership in writing before the shoot.