Photography Copyright Infringement
The Minefield That Is Copyright
Since the explosion of digital photography, and the rolling out of the wonderful internet and WWW, as a Yorkshire wedding photographer I have over recent years seen many, many photographers complaining about "Copyright Infringements" and also Customers of those photographers inadvertantly (or intentionally) breaking the Law.
Someone once said "The Law is an ass" and I have always belived this to be NOT true. The Law isn't an ass, it is just that many people are not educated.
Copyright within the UK is a minefield, both for photographers, and for clients. With the Law constantly changing, misinterpretation and ignorance it is understandable that there is so much confusion.
If you take an image do you own the copyright? As a client are you allowed to use digital images supplied to you for things like Facebook or other Social Networking websites? If you are employed by another photographer to take images at a wedding or a portrait shoot, who owns the copyright?
Unless you are a specialist solicitor in the Copyright field, it can be a total minefield to wade through all the legislation to find out who owns what and what you can and can not do.
Below is quick guide, my interpretation as I see it at the moment. Please note that this is ONLY an opinion, I am not a Solicitor, nor do I have any legal training. If you have any questions regarding any copyright issues, then please seek the advice of a qualified professional.
Copyright For Clients.
If you are a client of a photographer, for example a family having your portraits taken, or a bride and groom having your wedding photographs taken, then the copyright belongs to the photographer UNLESS you have contracted them to take your images and you own the copyright rights.
Under British law, copyright is conferred at the point of creation, meaning the copyright to an image is owned by the photographer by default. This applies to images that were both paid for and taken for free. Also images do not have to have a copyright symbol or the photographers name on them for them to be copyrighted material.
So, now put into the equation that photographs are the life blood of any photographer. It is photographs that pay our bills, put food on tables, allow us to live. Once that one simple fact is understood, you may now understand why photographers get very angry and annoyed when a client copies images from the photographers website, or online proofing album, or off a disc and uses them without permission.
Let's say you have a disc of images from a wedding or a portrait session, simply having the disc and images does not confer on you the right to reproduce, copy, sell or display the images. Most professional photographers will give you a document, called an Image Licence, which details what you can and more importantly can not do with the images. This is a legal document which explains, in detail, your usage rights of those images. It is designed to protect both the photographer and YOU.
To give you an example:
You have some images from a wedding or portrait session. You understandably want to show your family and friends so upload them to a Social Networking website like Facebook without permission. A couple of weeks later the photographer finds out about it and asks for you to remove them. Most people will go "Sorry, I didn't realise I was breaking the Law" and simply remove them. There are a few cases where clients have said "not a chance". This puts the photographer in a position where he has no option but to take action. Options could be legal action, contacting Facebook and reporting a Copyright Infringement (the result of which could be the closure of your Facebook account!).
In the majority of cases, EDUCATION is at fault. The photographer has not clearly detailed the legal usage of the images, or the client has not understood. Either way, as photographers, we have a duty of care to ensure that our clients fully understand what they can and can not use the images for and as clients, you have to make sure that you understand the same.
Occasionally, clients may intentionally and deliberately copy images off a photographers website to either make copies for themselves or to display. They do this in the full knowledge that by doing so, they are breaking the Law. Doing this will lead to no where but trouble. A photographer WILL protect his or her rights and will take what ever action is needed to ensure that copyright offenders are brought to book.
Another thing to think about is image quality. If you copy an image off a website to reprint it, you will NOT get anywhere near the proper quality of the image. Most photographers will reduce an image size and quality so they may comply with website rules or space allowances. The image you copy will not be a match on the high resolution original image so you will always have an inferior copy.
What amazes me most, is that a simple conversation between the client and the photographer would resolve any future potential problems. As a wedding photographer in Lancashire and Yorkshire I literally take thousands and thousands of images every year and currently have over a million images in my wedding collection alone. I know that in the 21st century my clients want to be able to display the images, in all their glory, to their family and friends so where there is an image disc in the package, if requested, I will quite happily put two folders of images onto the disc:
1. High resolution ready to print files. These are the files that are used to make copies of the images for your own personal useage.
2. Low resolution files for web display. These files will be resized for you so you don't have to do any work and will have a small logo on them. These images may be used, subject to an Image Licence, for you to display. The logo is normally very unobtrusive and will not impact on the image. Think about it from our perspective - we love it when you post the images to your Facebook account with permission - it shows the world just how good we are and can result in additional work and clients! All we ask is that we are given accreditation as the photographer and the correct images used.
Simple communication can sort any problems out BEFORE they occur. If as a client, you are not sure what you can, and more importantly can not do, then speak to the photographer. Chances are that the photographer has done a fantastic job, you love the work they have achieved - so don't risk that great relationship by not asking!
Remember....... "Ignorance of the law is no excuse for failure to obey"
Copyright For Photographers.
You have a duty of care to your clients to fully explain what they can and can not do with your copyrighted work. Take the time to sit down with them and explain, in detail, your Image Licences (don't have one? Get one!). Education is the way forward and this can stop a whole lot of work later on when you are chasing a client to have images removed.
Yes there are going to be those clients who tell you to "get stuffed" and you then have no option but to go down the legal route. Over the last 20 years though, I have found that in the majority of cases, education is at fault. Photographers simply hand over a piece of paper to a client and do not explain what it is, what it does and what the consequence are. Your clients are not photographers so simply spending 5 minutes with them to help them understand is 5 minutes well spent.
Hope that has helped some and please remember, this Blog post is NOT the Law. If you require detailed, specific legal advice then please contact a qualified professional.
Mark
About the Author
Mark Pearson is a full time, qualified professional Yorkshire wedding photographer and Manchester wedding photographer based in Leeds covering weddings in Yorkshire, Lancashire, the UK and beyond. With over 20 years experience, Mark Pearson Photography provides quality, affordable Yorkshire wedding photography and Lancashire wedding photography to clients across the North of England.
Penelope - Composed and played by Gabriele Tosi (New Age Piano) Photos by Pianopod