Protection of Photographs under Indian Copyright law: A Critical Analysis in the Digital Era

ABSTRACT
Photography has gained popularity in the digital world. Photographs are widely shared on social media platforms. But the question arises: how do photographs get copyright protection and who is the copyright holder? There is a difference between the photograph and its subject. The subject of a photograph cannot claim the copyright because the photograph is the creative work of the photographer. Also there is a difference between Authorship and Ownership, the person who clicked the photograph i.e. photographer owns the authorship but the ownership may belong to the employer or client. Digital technology has created several problems which this study discusses. This study is based on legal provisions, court decisions and other relevant sources. The issue of digital infringement arises when photographs are copied and shared on digital media platforms without permission. Legal provisions are available to copyright owners but still this problem persists. It became difficult to use these legal rights in the digital space. There is a huge gap between the legal protection and its effective implementation. Thus, this research shows why greater awareness of copyright and practical understanding of protection are needed.