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Forum Member
 
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Last Login: 04 April 2009 14:37
Posts: 28, Visits: 121 |
| | 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. |
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Forum Newbie
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Last Login: 05 March 2009 20:28
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| Hi Helen
The 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.
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Forum Member
Group: Administrators
Last Login: 02 April 2009 20:34
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| 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
Professional Writer, Editor, Publisher
Home Business Expert
Funky Angel Consultant
www.funkyangel.co.uk |
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Forum Member
Group: Administrators
Last Login: 02 April 2009 20:34
Posts: 31, Visits: 176 |
| One thing I have always wondered, however, is how you sort out copyright for podcasts and radio broadcasts. Anyone any idea on this?
Professional Writer, Editor, Publisher
Home Business Expert
Funky Angel Consultant
www.funkyangel.co.uk |
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Junior Member
Group: Forum Members
Last Login: 24 April 2009 21:15
Posts: 13, Visits: 28 |
| 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.
Regards
Amanda
A Funky Angel Consultant
www.trulyace.com
www.trulyace.com/blog
Logo Design I Print Design I Illustration I Web Design I & More... |
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Forum Newbie
Group: Forum Members
Last Login: 12 February 2009 19:57
Posts: 6, Visits: 7 |
| Clare
I 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
Sarah Newton
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Last Login: 24 April 2009 21:15
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Forum Newbie
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Last Login: 12 February 2009 19:57
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| Thanks great well now I know! :-)
Sarah Newton
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Junior Member
Group: Forum Members
Last Login: 24 April 2009 21:15
Posts: 13, Visits: 28 |
| 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.
Regards
Amanda
A Funky Angel Consultant
www.trulyace.com
www.trulyace.com/blog
Logo Design I Print Design I Illustration I Web Design I & More... |
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Forum Newbie
Group: Forum Members
Last Login: 12 February 2009 19:57
Posts: 6, Visits: 7 |
| Ok I consider myself told :-)
Sarah
Sarah Newton
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