Copyright Policy

Last updated: 13.08.2026

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, including the Law on Copyright and Neighbouring Rights, as amended, and applicable EU copyright law, including the Information Society Directive and the Directive on Copyright in the Digital Single Market. PhotoAnthology uses photographic works on the basis of permission wherever this has been obtained, as well as public-domain status and applicable copyright exceptions and limitations where relevant.

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. Where permission has not been obtained or is not required, images may be used on the basis of public-domain status or applicable copyright exceptions and limitations under Bulgarian and EU copyright law.

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.

Rights Basis: The presence of a photograph on PhotoAnthology should not be understood as indicating that all photographs are used under the same legal basis. Depending on the particular work, the basis may include direct permission or public-domain status, or an applicable copyright exception or limitation.

3. Use of Photographic Works

PhotoAnthology primarily reproduces photographs with the permission of photographers or other relevant rights holders. Where permission has not been obtained, a limited selection of published photographs may be reproduced where necessary for the critical analysis, commentary, or research presented in the relevant encyclopedia entry, in accordance with applicable copyright exceptions under Bulgarian and EU law.

3.1. Copyright Exceptions in Bulgaria and the EU

Criticism, Commentary, Research, and Educational Use: Under Article 24(1), item 3, of the Bulgarian Copyright and Neighbouring Rights Act, a small number of disclosed works may be used for non-commercial scientific and educational purposes where necessary for analysis, commentary, or other scientific research. Article 24(1), item 2, additionally permits quotations from disclosed works for purposes such as criticism or review. Where applicable, PhotoAnthology relies on these provisions for a limited selection of photographs used to support the analysis, commentary, and research contained in its encyclopedia entries.

Restricted Educational Access: Under Article 26з of the Bulgarian Copyright and Neighbouring Rights Act, protected works may be used digitally by educational institutions for illustration in teaching, to the extent justified by the non-commercial teaching purpose. Where PhotoAnthology provides teaching materials in collaboration with a participating educational institution under this provision, their use will remain under the control and responsibility of that institution and, where provided online, within a secure electronic environment accessible only to the relevant teachers and students.

3.2. Fair Use (U.S.):

For photographs and images whose use may be assessed under U.S. copyright law, PhotoAnthology considers its use in accordance with the four-factor fair use test under Section 107 of the U.S. Copyright Act. The application of these factors to PhotoAnthology’s use of photographic works is outlined below:

The purpose and character of the use: PhotoAnthology is a non-profit encyclopedia dedicated to the research and documentation of photography’s art and history. Photographs are reproduced within project-specific critical and historical analysis, where they serve as visual evidence necessary to understand the photographer’s methods, ideas, and the development of the project. They are not presented as a stand-alone image collection or as a substitute for the photographer’s authorised presentation of the work.

The nature of the copyrighted work: PhotoAnthology recognises photographs as creative works entitled to copyright protection. Where fair use is relied upon, the photographs reproduced are works that have already been published or otherwise made available to the public, and their reproduction forms part of the scholarly examination of the photographic project to which they belong.

The amount and substantiality of the portion taken: PhotoAnthology reproduces only a limited selection of photographs from each project, sufficient to support its critical and historical analysis without reproducing the project as a whole. Individual photographs are generally shown uncropped because their complete composition is relevant to their analysis, while the number of images and their web-resolution presentation are deliberately limited. No fixed percentage or number of photographs is treated as determining fair use.

The effect of the use upon the potential market: PhotoAnthology does not provide high-resolution master files, image licensing, or complete reproductions of photographic projects. Its limited web-resolution selections are presented within scholarly encyclopedia entries and are intended to direct readers toward, rather than replace, authorised sources of the work. Where available, entries include references and links to photographers’ websites, books, galleries, publishers, collections, and other official sources through which readers can further explore or acquire the work.

4. Permissions and Licensing

Obtaining Permissions: PhotoAnthology has obtained permission for most of the photographs reproduced on the platform and continues to seek permission from photographers or other relevant rights holders. Permission is our preferred basis for presenting photographic projects.

Where permission has not been obtained, PhotoAnthology may reproduce a limited selection of published photographs when their use falls within the applicable copyright exceptions and limitations under Bulgarian and EU law, as described in Section 3.

Documenting Permissions: To the best extent possible, permissions received by PhotoAnthology are documented and retained in our records.

Third-Party Use of Images: Images on PhotoAnthology are made available for viewing as part of the platform’s research, critical, and educational content. PhotoAnthology does not grant users any licence to reproduce, distribute, republish, publicly display, download for reuse, or commercially exploit third-party photographs. Anyone wishing to reuse an image must contact the photographer or other relevant copyright owner directly.

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, photographer, or an authorised representative of the owner of any material on this website and have concerns about its use, please email us at legal@photoanthology.org. We will review the matter promptly, including the permission, licence, source, rights information, or copyright exception applicable to the material. Where appropriate, we may restrict, replace, amend, or remove the material while or after the matter is reviewed.

PhotoAnthology aims to resolve copyright concerns cooperatively and respectfully. A decision to restrict or remove material as a matter of good-faith risk management does not in itself constitute an admission of copyright infringement.

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;

- Your relationship to the copyright or your authority to act for the rights holder;

- The action you wish us to take.

6. 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.