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RE: Copyright

LimeOneA — Thu, 12 Feb 2009 20:41:46 GMT

Hi ClaireIdeally you need to think about all the ways that you may want to use the intellectual property (photos, podcast etc) and ensure that the agreement/terms and conditions allow you to do so before you reach an agreement. However, having well written broad terms of use etc will deal with most situations applicable to the type of intellectual property (photos, podcast etc). It is possible to go back afterwards and, for example, ask to use a photo in a different way. The danger is that of course you may be refused! AntoniaLime One Ltdwww.limeone.co.uk

RE: Copyright

Helen Editor — Thu, 12 Feb 2009 20:02:56 GMT

In terms of copyright generally, I think that if somebody wants to use your words, then as long as you get a credit for it, then that is good enough. Obviously, this doesn't include the situation where people just copy chunks of 'expert advice' and pass it off as their own.This is an interesting area, and one that is fast moving with different types of media being more widely used all the time. People in all types of industries struggle to keep up with it - the music business has big problems with youtube, downloading sites etc and then there are the fashion designers who get their clothes copied in no time.

RE: Copyright

Helen Editor — Thu, 12 Feb 2009 19:55:49 GMT

The last photo shoot I paid for, which was done with a fairly big shot photographer in a large studio, I was given the discs with copyright on all the images with whatever I wanted to use them for. In fact, the price of photography has dropped considerably over the last few years, and a lot of photographers are not nearly as 'precious' over their work. I would say the ones that are the most difficult, are the ones that shouldn't be!

RE: Copyright

Claire Burdett — Thu, 12 Feb 2009 19:40:35 GMT

Thanks Antonia... so if, for example, on one of my magazines, I wanted to use the articles or pictures in other ways than just in the website I should def have that covered in the contract before I commission? Or can I add it afterwards?

Claire

RE: Copyright

lizziebee — Thu, 12 Feb 2009 19:34:47 GMT

Thanks for advice about contracts very useful. It could seem like a lot of trouble for a few photographs but I absolutely agree it is important to protect your work and respect others work. I did meet someone recently who had photography done for a website and wanted to use some of the pictures for an ad campaign. The photographer wasn't happy to have the work used for this, which was his right. Nethertheless it all had to be shot again, model, studio time, photographer, etc and this could all have been avoided with a contract. The guy who had the website had no idea he would be so successful and be in a position to do an ad campaign and then was really struggling to cover the cost of it. I guess we have to try and think big with all our projects.. you never know!Lizzie

RE: Copyright

Claire Burdett — Thu, 12 Feb 2009 19:34:32 GMT

There's also that old row of google versus publishers, and the usage of their copyrighted material on google and whether they should get paid for it.

While I can see in theory that getting paid to have your material 'copied' wherever and however it is copied (web, book, magazine, index) should be a good thing, surely it's impossible in practice?

RE: Copyright

LimeOneA — Thu, 12 Feb 2009 19:06:03 GMT

Hi ClaireYou basically deal with it in the same way as any other part of intellectual property (creative and expressive works). Some exceptions do of course apply to podcasts and there are also some special rules for teaching and librarians. Basically if someone wants to include a podcast on their own website then it is up to them to cover this in the terms and conditions on their website. You may, for example, wish to restrict downloading the podcast simply for personal use and not allow it to be reproduced publicly. Other things you need to consider with podcasts include when you involve other people. For example if you interview someone as part of your podcast then there may be some licence implied but I would always advise, (particularly if you want to adapt or edit responses), that you obtain agreement from the other person(s) involved. AntoniaLime One Ltd www.limeone.co.uk

RE: Copyright

Sarah Newton — Thu, 12 Feb 2009 19:02:28 GMT

Ok I consider myself told :-)Sarah

RE: Copyright

VLAHAKISA — Thu, 12 Feb 2009 18:56:48 GMT

Oh yes, we don't actually have to 'accept' that people are stealing our copyrighted materials - it does happen all the time but you don't have to just accept it.If someone steals your intellectual property you have every right to ask them to remove it if they wish to avoid legal action. Which you have every right to undertake as the copyright owner. Copyright theft is illegal.I've told several people now to remove text of their website that they have lifted off my website. It's my property, they are not allowed to use it. I've also told people to remove images.All of them have removed it within 24hours of my demand to have it removed because I have made them fully aware that copyright theft is illegal.RegardsAmanda

RE: Copyright

Sarah Newton — Thu, 12 Feb 2009 18:56:40 GMT

Thanks great well now I know! :-)

RE: Copyright

VLAHAKISA — Thu, 12 Feb 2009 18:53:53 GMT

Podcasts etc .... this would be classed as the same as articles, in which that you get automatic copyright to your 'intellectual property'.Copyright covers electronic media as well as written pieces and art/design works.More info and a link to further info at; http://www.trulyace.com/blog/thoughts-on-design/protecting-your-copyright/Amanda

RE: Copyright

Sarah Newton — Thu, 12 Feb 2009 18:52:06 GMT

ClareI do lots of Radios and Podcasts and to be honest I do not know and kind of don't worry about it..but maybe I should...When you are doing podcasts and Radio Show the person just wants their information out there so I guess no one really minds at that point. I think when we are putting things out on the Internet we ahve to accept that it may be copied.....I have seen whole articles and pages of my websites copied with someone else's name on. I just say Karma ! :-) Sarah

RE: Copyright

VLAHAKISA — Thu, 12 Feb 2009 18:51:58 GMT

I agree there is no default or particular standard ... she can expect the photographer to provide her with the 'license terms' of the photo usage for the price she pays.This will specify where she can and cannot use the images, any restrictions for use and any restrictions for the amount of times she can 'publish' the images.If she visits www.istockphoto.com and looks at the license terms there, that will give her an idea of what sort of specific license terms she should expect from a professional photographer.RegardsAmanda

RE: Copyright

Claire Burdett — Thu, 12 Feb 2009 18:44:33 GMT

One thing I have always wondered, however, is how you sort out copyright for podcasts and radio broadcasts. Anyone any idea on this?

RE: Copyright

Claire Burdett — Thu, 12 Feb 2009 18:25:51 GMT

You have to have an agreement with the photographer or copyright owner (not always the same thing as you can buy copyright from the creator, or commission creative works which you then own), and this states how and where and what size and format you can use the photo ie in a publication and/or website, 1/4 page or larger, once or repeated usage.

Most creatives have their own contracts they use for such matters, but always best to check with a solicitor - see post above! If Lizzie is commissioning the photography it would be best to get a contract drawn up properly.

Claire

RE: Copyright

LimeOneA — Thu, 12 Feb 2009 18:22:01 GMT

Hi HelenThe question of copyright is an absolute minefield. Since she wants to use photos in her business then Lizzie must have a written agreement with the photographer to cover this. There isn’t really a “default” position if you reach a written agreement with the photographer although, for obvious reasons most photographs wish to retain the copyright and usually give their client a licence to use the photographs either in a limited (such as only on a website etc) or an unlimited way. Most photographers have their own set of terms and conditions which will cover the copyright issue. Lizzie needs to be sure she reads these carefully. If the terms and conditions say, for example, that the photographer will own the copyright to her project but Lizzie agrees with the photographer that she will get the copyright then she needs to make sure that, before signing any terms with the photographers, she amends her agreement to reflect what she has actually agreed. If anyone is getting a website built/changed then they must also make sure that the question of copyright is covered in their agreement with the website designer to consider both anything that they supply to the website designer (their own logos etc) or anything the website designer supplies to them (stock photos etc) is covered to cover who owns/retains/ is responsible for complying with copyright. Lime One have dealt with many situations, (after the event and not at the making of the agreement stage), where confusion has arisen resulting in a great deal of stress and expense so it is much better to clarify things at this stage.

Copyright

Helen Editor — Thu, 12 Feb 2009 17:35:31 GMT

Does anyone know what the situation is regarding copyright on photography? Lizzie (our featured business at the moment) asked about it as she is getting photos done for her website. Do you have to get an agreement signed with the photographer? Is there a 'default' situation, or should you prepare a contract? I know in the 'old' days before digital photography, photographers used to retain the negatives and copyright, but I'm not so sure now what happens now that you are sent electronic files.