Who owns the copyright to a commercial photograph taken before August 1989?

Prepare for the NCTJ Essential Media Law Test. Utilize flashcards and multiple-choice questions, each equipped with hints and explanations. Ace your exam!

The correct answer is that the photographer themselves or their employer owns the copyright to a commercial photograph taken before August 1989. This conclusion is based on the copyright laws in place at the time. Under the Copyright, Designs and Patents Act 1988, photographers generally retain copyright in their works unless there is an explicit agreement in place stating otherwise.

When it comes to commercial photographs, if a photographer is employed by a company or works under a contract that assigns copyright to their employer, then the employer would hold the copyright. Otherwise, the photographer maintains ownership.

The other choices aren't correct because copyright does not automatically transfer to the government, nor does it belong to the person who commissioned the photograph unless specifically agreed upon. Additionally, the model in the photograph does not have copyright ownership over the image itself, as copyright pertains to the creative work, not the rights of individuals featured within the work.

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