We had a lecture on Tuesday 1st May on copyright here are my notes from it for future reference and for others who may want to know about it:
What is Copyright?
- The right to authorise or restict the making of copies
- An authors right
- A property right
- A human right
- A collection of rights
There is no system for registering copyright in UK. Copyright in photography is made as soon as the photograph is taken. Ideas do not count until they are put into place by creating a photograph.
You should put copyright on everything and anything that can be sold. Our images when copyrighted come under the 'Copyright Deign and Patents act 1988 (as amended)'.
'Photograph means a recording of light or other radiation on any medium on which an image in produced or from which an image may by any means be produced, and which is not part of a film'
Authorship and Ownership
- Soon as you have taken the photograph you are the author.
- If you are employed by a photographer or company you do not own the copyright your employer does.
- Before using an employers equipment for personal work find out about copyright.
Copyright lasts the lifetime of the photographer plus 70 years and when they have died there family inherits the copyright.
Ownership of Copyright
- No one is granted use of the images
- Licence someone to use there work
- If the licence ends and they still want use of a photo they will have to pay again
- If a photograph sells for a sum of money, the buyer does NOT own the copyright only the right to hang it
Only ever assign copyright as a last resort.
Client needs to be aware of...
- Cost difference if one off advert
- Compared to assignments of copyright
- Photographer needs to clarify costs before job commences
"© R.McEwing2012
Moral Rights Asserted
The work my not be produced without the permission of R.McEwing
Contact Details"
The above passage can be used on the back of images that you may sell or on disc's etc.
Make sure you put your copyright symbol and writing on all your images that you put on the internet. If you have a website you should also include a section with information on your copyright procedures to make clients and other people aware of it. Meta Data should also be attached when uploading images online.
Copyright Infringement
Primary Infringement is when someone has reproduced/copied an image without the photographers permission.
Secondary Infringement is when those copies have been pirated and sold.
Also Infringement occurswhen a comisssioner and/or client use photos but does not pay for them or comply with the contract.
The Attribution Right
- to be indetified as the author
- right t have the photographers name appear alongside and image this is understood as a 'by line' or 'credit'
The Integrity Right
This is the photographers right to prevent work being mistreated, it only applies to work that is damaging a photographers reputation.
The Privacy Right
- Applies only to commisions for 'private and domestic purposes'. The person has the right not to have the work issued to the public, exhibited or shown by other means in public.
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