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Copyright for journalists: the basics
Copyright in the UK is governed by the Copyright, Designs and Patents Act 1988 (CDPA). Copyright subsists automatically — there is no registration requirement — in original literary works (articles, scripts, captions), dramatic works, musical works, and artistic works (photographs, illustrations, graphics). The author of a work is the first owner of the copyright in it.
The critical exception for journalists is the employer/employee rule in s.11(2) CDPA: where a work is created by an employee in the course of their employment, the employer is the first owner of the copyright. Staff journalists working for a media organisation therefore do not own the copyright in their articles, photographs, or other content produced as part of their job.
Freelancers retain copyright by default. But most large publishers include clauses in their commissioning agreements purporting to assign all rights, including copyright, to the publisher. The NUJ advises members to resist these and instead licence only the specific rights required (first UK serial rights, website rights, etc.) for a defined period and territory.
Moral rights survive even where copyright is assigned. The right of paternity (to be identified as the author) and the right of integrity (not to have the work subjected to derogatory treatment) belong to the author personally. Staff journalists must assert their right of paternity in writing; freelancers working under contracts can assert it contractually.
When copyright issues arise for journalists
- ›You want to reuse your own articles in a book or on a personal website, but your employer or commissioning publisher holds the copyright.
- ›You receive a copyright infringement claim for a social media image used without a proper licence.
- ›A photographer or agency has reverse-image-searched a published article and found their image used without credit or payment.
- ›You are asked to sign an all-rights commissioning contract and want to understand what you are giving up.
- ›You want to quote from a published document, book, or broadcast in your article and need to assess fair dealing.
- ›You are stopped by police or a security guard while photographing in public or on private land.
- ›You receive a letter from an image licensing agency threatening legal action over unlicensed image use.
Red flags: common copyright pitfalls for journalists
- ●Assuming a social media image is free to use because it is publicly visible — it is not.
- ●Relying on the news reporting fair dealing exception for photographs — it does not apply to photographs under CDPA s.30(1).
- ●Publishing an image found via Google Images without checking its licence status.
- ●Crediting the wrong person for an image — the credit does not cure the copyright infringement.
- ●Assuming a Creative Commons licence allows any reuse — check the specific licence conditions (e.g., non-commercial, no-derivatives).
- ●Using a wire agency image without a current subscription to the relevant agency.
- ●Photographing individuals in a situation where they have a reasonable expectation of privacy — copyright in your photograph does not override their privacy rights.
- ●Failing to get a model release for a portrait when it will be used commercially.
Copyright and image rights checklist
- Before using any image, confirm who owns the copyright — the photographer, not the subject or the platform.
- For social media images: contact the original poster to seek permission; do not rely on platform terms as a licence.
- Run a reverse-image search (Google Images, TinEye) to identify the original source and any existing agency licensing.
- For wire images: confirm your outlet has a current subscription to the relevant agency (PA, Reuters, Getty, AP).
- For Creative Commons images: read the full licence — check for non-commercial and no-derivatives restrictions.
- For fair dealing: confirm the purpose (criticism/review, not news reporting for photographs); ensure sufficient acknowledgment.
- For quotation (s.30(1A) CDPA): use no more than is reasonably required; provide acknowledgment.
- Before signing a commissioning contract: identify any all-rights clause and seek to negotiate it to a specific licence.
- Assert your moral right of paternity in writing at the first opportunity on any significant commission.
- When photographing in public: you do not need permission in most circumstances, but check for any local byelaws or private land boundaries.
- If stopped by police while photographing: calmly state you have the right to photograph in public; do not delete images voluntarily; ask for the officer's name and number; film the interaction if you can do so safely.
- For images involving children: ensure you have parental consent and consider whether the image creates any privacy risk.
Tools for copyright and image situations
Use the risk register to document copyright licensing decisions, and the right of reply generator when an image use has led to a complaint.
Common copyright mistakes journalists make
- ⚠Treating a credit as equivalent to a licence — crediting the photographer does not give you permission to use the image.
- ⚠Assuming that news reporting fair dealing covers photographs — it does not under CDPA s.30(1).
- ⚠Using an image found in a press release as automatically free to use — press releases carry licensing terms; check them.
- ⚠Signing all-rights freelance contracts without negotiating or seeking NUJ advice.
- ⚠Photographing in clearly private spaces (private residential gardens visible from a public road, hospital wards, school classrooms) and assuming public space rules apply.
- ⚠Deleting images from your device under police pressure without knowing whether you are legally required to do so — you generally are not.
Related guides
Responding to Legal Threats from Solicitors
How to respond if an image licensing agency sends a legal letter.
Right of Reply: Process, Timing & Templates
When a copyright complaint leads to demands for correction.
Copyright Law for UK Journalists
In-depth guide to CDPA 1988, fair dealing, and moral rights.
Photography Rights in Public
Legal position on filming, police powers, and private land.
Primary sources
- Copyright, Designs and Patents Act 1988 — full text
- CDPA 1988 s.30 — fair dealing for criticism, review, and news reporting
- CDPA 1988 s.11 — ownership of copyright
- IPO — UK copyright guidance for businesses and creators
- Terrorism Act 2000 s.58A — eliciting information about armed forces and police
- NUJ — copyright guidance for members
- British Journal of Photography — know your rights (photography in public)
Frequently asked questions
Do I own the copyright to articles I write as a staff journalist?
No. Under s.11(2) CDPA 1988, where a literary, dramatic, musical, or artistic work is created by an employee in the course of their employment, the employer owns the copyright — unless there is an agreement to the contrary. If you are a staff journalist, your employer owns your articles, photographs, and other works created in the course of your employment. This is why NUJ model contracts seek to restrict the scope of what counts as "in the course of employment".
As a freelancer, do I always keep my copyright?
Yes, by default. If you are not employed — if you are a genuinely self-employed freelancer — you own the copyright in your work unless you agree to assign it. However, many publishers include "all rights" assignment clauses in their contracts. Read your contract carefully. The NUJ advises members not to sign all-rights contracts and provides model licence terms. You can licence specific rights (first serial rights, online rights, etc.) while retaining the copyright.
Can I use a social media image in a news article without permission?
Not automatically. When someone uploads an image to Twitter/X, Instagram, or Facebook, they grant the platform a licence to host and display the image under the platform's terms of service — but that licence does not extend to you as a journalist. The original copyright remains with the photographer. To use UGC images in your publication you should either (a) obtain permission from the copyright owner, (b) rely on fair dealing for reporting current events under s.30(1) CDPA — but note this does NOT apply to photographs — or (c) license the image through an agency. Always credit the source and attempt to verify ownership.
What is the fair dealing exception for news reporting?
Section 30(1) CDPA 1988 allows fair dealing with a copyright work for the purpose of reporting current events, provided the work is accompanied by sufficient acknowledgment. Crucially, this exception explicitly does NOT apply to photographs. So you can quote a document or use a few seconds of recorded audio for news reporting fair dealing, but you cannot use someone's photograph under this exception. For photographs, you generally need permission or must license the image.
Can police lawfully stop me photographing in public?
Police have no general power to stop photography in a public place, confiscate cameras, or demand deletion of images. The key powers they do have include s.44 Terrorism Act 2000 (now largely repealed; replaced by s.47A which requires authorisation and reasonable grounds), and s.58A Terrorism Act 2000 (eliciting information about police officers). Officers have been known to use stop-and-search powers incorrectly to stop photography. You are not obliged to delete images or hand over equipment without a warrant or production order. Know your rights and film any interaction if possible.