Guest Speaker- AOP - Copyright
The second talk of Wednesday was all about copyright which Nick Dunmur spoke to us about and explained in a lot of detail. He explained what we need to have when being a photographer and what we can and can't do in terms of someone else's rights which was very useful to know so that we can be careful in the future when our career takes off.
What is copyright?
- A property right that is intangible but tradable and valuable
- One of 4 main types of intellectual property (design, patents and trademarks)
- Currently, there is no requirement to register your copyright - it comes into existence upon the creation of an original piece of work
- 750 images = $65
Image rights
- has a plug in and is the protection for the physical expression of an idea no the idea itself
Two main rights which are economic and moral
> Assign and Licence
Assign = Like selling your home
Licence = Like renting your house or individual rooms to others
Exceptions to copyright
> Employment - When you work for a company, your copyright belongs to them for example if you work for Argos, Wilko or Next then they own your copyright.
> Incidental Inclusion - Putting somebody else's work in yours and because the work has been used, you think you are entitled to a fee.
> Criticism and Review - Can use photos in a review
> Research and Private Study - aka Educational purposes
> Parody - Taking a piece of work and changing it slightly to change the view or make a comment on someone, their work or context. Normally has to include humour
> Private Use - Now allows you to make one copy of something as back up for personal use (Music)
> Orphan Works - When you don't know the creator and cannot track someone back to find out the name - Screenshots have no meta data
> Advertising has restrictions
- If you give away or assign your copyright, it should only be a one time only event so do so for a good sum of money
- GET THE SPECIFICS!!
- For an assign to be valid, it needs to be signed
>Exclusive licence - One clients only and photographer needs permission to use
- Client can sue for infringements
> Non-Exclusive Licence - More than one clients
- Photographer no longer needs permission to use but client can still sue for infringements with written authorisation from the photographer
Licensing in different markets
> Advertising, design and corporate sectors
- Media - Territory - Time - Exclusivity - Base usage rate (BUR)
- Start high and work your way down... never go higher
> Editorial Markets - All rights required... First British Serial Rights (FBSR or FBS) with syndication
- Get given a contract
- Allowing the publisher to sell your work but check to see if you are getting paid because you should be
Moral Rights
About how you as a creator is perceived and you have a right to be identified as the creator of the work unless it is editorial or has something to do with current affairs.
- The right to object to derogatory treatment of the work but still not if its editorial or relates to current affairs
- You have to write saying that you want to be known as the creator via a signature
- Always read the terms and conditions
- If they make you look or sound stupid through your work, you can make a claim.
The right not to have work falsely attributed to the creator
- The right of the commissioner to prevent publication and applied to domestic work such as weddings and family portraits
- These rights cannot be assigned or sold but can be waived (you can give them up)
- The right to be identified must be asserted in writing and signed
Paperwork
- Create your terms and conditions as well as writing down an estimate
- Have the confirmation of the commission that you will be working on plus the terms of use
- Have THEIR purchase order and your invoice printed or kept safe as files along with your licence to use.
Canvas extension - Making sure information is there whenever possible
PLUS - www.plusregistry.org
- You can create and 7 character code to put into your meta data for you images which helps identity
- Somebody removing or changing meta data is carrying out a criminal offence though it is hard to prove that it has been done.
Meta data - fill as much as you can out (lightroom has more features for you to be able to do so)
- Some sites strip meta data so only post photographs of little or no commercial value.
Image Tracking Platforms
> www.pixray,com
> copytrack.com
> pixsy.com
> imagerights.com
> plaghunter.com
