Copyright Policy

Last updated: 28.01.2025

1. Purpose and Scope

This policy governs the use of intellectual property on PhotoAnthology Foundation, a non-profit entity registered in Bulgaria. It outlines how copyrighted materials, particularly photographic works, are used under Bulgarian copyright law [as outlined under Law on Copyright & Neighbouring Rights (SG No. 56/1993, as amended up to December 13, 2019)] and EU directives [especially Copyright Term Directive 2006, the Information Society Directive, and the Directive on Copyright in the Digital Single Market] in a manner consistent with fair dealing and educational exceptions.

2. Intellectual Property Rights

Photographer’s Rights: All rights to images displayed on PhotoAnthology remain with the photographers or their legal representatives. PhotoAnthology does not claim ownership over the images displayed on the platform and on any third-party content (including user-generated content) available on the platform. Any copyright infringement of the photographer’s images is unintentional and within the paradigm of the fair use doctrine as laid down in the EU Copyright directives and the Bulgarian copyright law.

The platform does not claim ownership over any third-party works used for educational and non-commercial purposes.

Platform Content: All original content created by PhotoAnthology, including critical analysis, commentary, and educational materials, belongs to the PhotoAnthology Foundation. Under no circumstance will any party use PhotoAnthology’s original content for commercial purposes. If anyone wishes to use PhotoAnthology’s original content, it will be for non-commercial purposes and after giving proper attribution. The user of PhotoAnthology’s original content will have to maintain the integrity of the original content at all times.

Clear Attribution: To the best extent possible, PhotoAnthology has strived to give proper attribution and credit to photographers for their images. We have tried our best to adhere to a legally compliant and internationally consistent format for attributing the author. Any omission to attribute the photographer is purely unintentional and we apologise for the inadvertence. If you find that we have missed attributing someone, please write to us at legal@photoanthology.org.

3. Use of Photographic Works

PhotoAnthology’s use of the images on its platform falls under fair dealing and fair use as outlined below:

3.1. Fair Dealing in Bulgaria and the EU:

Criticism, Review, and Commentary: Under Article 24 of the Bulgarian copyright law, in line with EU Copyright Directive 2019/790, images may be used without explicit permission for criticism or review provided they include proper attribution and serve an educational purpose.

Non-Commercial Educational Use: In line with Article 24 of the Bulgarian copyright law, photographs are used strictly for non-commercial educational, research, and educational purposes and within the boundaries of fair dealing.

Preservation: In line with Article 24 (9) of the Bulgarian copyright law, photographs have been used for preservation purposes and for archiving to preserve the legacy of the photographers and their images.

3.2. Fair Use (U.S. Influence):

For photographs and images that might be protected under US Copyright law (The Copyright Act of 1976), PhotoAnthology’s use of the images fulfils the four-factor test. A brief analysis of the four-factor use in relation to our use of the images is as follows:

The purpose and character of the use (Transformative factor): The first factor is considered to be an important indicator of fair use. Under this factor, the main issue to be judged is whether the material has been used to help create something new or merely copied verbatim into another work. Our use of the images is transformative as we are not merely reproducing the images. The images are utilized in a transformative way as they are embedded within a critical commentary or educational context that shifts the purpose of the work from artistic display to scholarly analysis.

The nature of the copyrighted work: Under the second factor of fair use, if a work is factual, it can be used if the dissemination or reproduction benefits the public. Majority of the images on this platform are factual and non-fictional in nature. Hence, our use of the images fulfils this prong of the four-factor test.

The amount and substantiality of the portion taken: Under this prong, the less someone uses a copyrighted work, the more likely their use will be considered as fair use. PhotoAnthology has tried its best to use the number of images from a single author to a reasonable and proportionate limit. Moreover, we have strived to stay within the 20 % limit of the total project’s images though we may use more images if necessary to give more effect to the project’s purpose (which is purely for non-commercial educational, research, preservation, and archiving purposes).

The effect of the use upon the potential market: Another important fair use factor is whether the use deprives the copyright owner of income or undermines a new or potential market for the copyrighted work. Our use of the images does not deprive the copyright owners of any potential income streams. PhotoAnthology is a legacy platform with a mission to preserve images for non-profit research, education, and archiving purposes, ensuring their availability to the public at large and to successive generations for research and cultural preservation. We are not interfering with the photographer’s existing or potential income streams (including those from licensing) as we are not a substitute for the photographer’s key market or target audience. We actively support copyright holders by including links to photographers' books, providing an indirect benefit by promoting their work to a broader audience. This initiative aligns with our commitment to fostering appreciation for photography while respecting the creators' rights. Our audience primarily consists of researchers, educators, and cultural enthusiasts, distinct from the photographers' commercial market. We have made it explicitly clear that users who are interested in licensing the images for commercial purposes should do so after consulting the copyright owner. Our aim is solely to make these works available in a way that honors their creators while supporting cultural preservation and education.

4. Permissions and Licensing

Obtaining Permissions: Where possible, PhotoAnthology seeks permission from photographers before featuring their work. If no response is received, the platform has strived to proceed under fair dealing/fair use guidelines and will display a disclaimer offering rights holders the opportunity to contact the platform.

Documenting Permissions: To the best extent possible, all granted permissions or licenses are documented for legal compliance and stored securely.

Third-Party Use of Images: Users of this platform are granted access to the images for viewing, personal study, and non-commercial educational purposes only. These uses align with the mission of PhotoAnthology to support research, education, and cultural preservation. If a user wishes to use the images for purposes outside of these authorized uses—such as for commercial purposes, public display, or redistribution—they must contact the copyright owner directly to obtain permission. PhotoAnthology does not grant any rights or licenses for reuse of the images and will not be held liable for any unauthorized use by third parties. By accessing this platform, users acknowledge their responsibility to comply with copyright laws and to seek permissions where required.

5. Risk and Liability Management

To mitigate legal risks and ensure compliance with Bulgarian copyright law and EU directives:

- All uses of copyrighted material are reviewed prior to publication.

- The platform conducts regular IP audits to ensure ongoing legal compliance.

- An email address is provided for photographers to reach out if they have concerns about the use of their images.

Copyright Respect and Concerns

PhotoAnthology handles copyright with great care and is committed to preserving the integrity of each work, with no intent to misuse it. While we act diligently and in good faith to ensure that no material on this site infringes third-party rights, we acknowledge that the risk of inadvertent infringement cannot be completely eliminated.

If you are the copyright owner (or represent the owner) of any material on this website and believe its use is unauthorized, please email us at legal@photoanthology.org. Upon receiving a written objection, we will review the matter promptly and, if deemed valid, remove the material in question from our website. To help us investigate your request, we ask that you provide:

- Your full name and contact details;

- A description of the material that is the subject of your concern;

- An explanation of your concern and the copyright or related rights claimed;

- The action you wish us to take.

6. Disclaimer and Public Notice

In the footer of the platform, we have included a disclaimer to state: “PhotoAnthology Foundation: All rights to images belong to photographers and are used under fair use for non-commercial purposes. If you have any concerns, please contact us.”

Digital Preservation and Accessibility Standards: PhotoAnthology is committed to digital preservation and making photography accessible for future educational use. As part of our mission, we support the EU’s cultural preservation goals, making underrepresented works accessible in a non-commercial, educational context.

7. Policy Review and Updates

This IP policy will be reviewed annually to ensure that it complies with evolving legal standards and that it continues to support the Foundation’s educational mission. We will alert you about any changes by updating the "Last updated" date of this Copyright Policy, and you waive any right to receive specific notice of each such change.