Question

Neha, a photographer, takes a beautiful photograph of a sunset and posts it on her personal blog. A local travel magazine uses the image without Neha’s permission. The publishers credit Neha as the photographer but do not pay her or seek her consent. Neha considers taking legal action against the magazine. In this context which of the following options is correct?

• A. Neha cannot take legal action because the magazine credited her as the photographer.
• B. Neha can take legal action because her photograph is protected by copyright and the magazine used it without permission.
• C. Neha cannot take legal action because the photograph was available for the general public on her blog.
• D. Neha can only take legal action if she had registered the photograph with a copyright office.

Hint:

Copyright protection exists from the moment a creative work is created—no registration needed. Permission is mandatory for use.

Answer 1

The Correct Option is B

Under Indian copyright law and global intellectual property principles, an original creative work like a photograph is automatically protected by copyright from the moment it is created. The creator (Neha) has exclusive rights over the use, reproduction, and distribution of the photograph. Publishing the image without her consent, even with attribution, is a violation of her rights.
Option (A) is incorrect — giving credit does not replace the need for permission or licensing.
Option (B) is correct — Neha retains copyright and the magazine infringed it by using the image without permission.
Option (C) is incorrect — public availability does not equal free use.
Option (D) is incorrect — registration is not mandatory for copyright protection to exist or be enforced.