Skip to main content

Copyright issues

I can't believe the number of people who still don't understand the fundamentals of copyright. Daily I see copyright being abused. Mostly it's due to ignorance. So here's the short and sweet of it.

If you write something that comes out of your own head or if you take a picture of something then you own the copyright. That means nobody can reproduce or copy what you've done without your permission. Simple right? Apparently not. I see the things people have written, for example the lyrics to a song, copied and placed in someone else's text without the slightest attempt to attribute where the original came from. Why do so many people try to pass other authors work off as their own? To get back to the crux of the matter. You make something of your own, then it's yours. But beware.

There are the exceptions. If your picture features someone else's image and it forms the major part of your image then you've probably infringed their copyright. For example if you photograph a billboard and a viewer can't see from your photograph that you've actually taken a picture of a billboard then you've infringed the original photographer's copyright. However, if your main subject is a person walking in front of the billboard then you will not have infringed copyright as the billboard is just part of the urban landscape and your picture is about the person walking past.

The best way in layman's terms to understand when you've infringed copyright is to ask yourself whether someone viewing your image would reasonably conclude that you're the author of the main subject matter of the picture. It comes down to common sense. Have you copied something from someone else or is what you've done completely your own idea? Or put another way, are you taking credit for someone else's work.

I've tried to explain it simply but if you want to get into the legal side then check out these sites:

http://copyrightservice.co.uk/
You can register your works with this service to protect copyright but please note you do not have register anything anywhere to own copyright. Copyright is automatically yours by law when you create something.

http://www.copyright.gov/circs/circ1.html
USA readers may find this site helpful. The principles apply to the UK too.

http://www.intellectual-property.gov.uk/
This is one of the UK's official government supported websites containing a wealth of information on intellectual property rights.

http://www.beyond-the-lens.com/

Generally I steer well clear of advertising products but this book may be of use to UK photographers. I have not bought a copy so cannot vouch for it but take a look at their website and decide for yourself whether you think it would be of use to you.

If you have any questions I will, as always, do my best to answer them.

Paul Indigo

Comments

Popular posts from this blog

Approach to taking a portrait

Portrait of Amitabh Bachchan. Click on the image to see larger version. Every portrait is different but there are also elements which are the same, whether you’re shooting the famous or the locally famous. Fame is of course all relative. It depends on profession, accomplishments or media celebrity status. Whoever the ‘famous’ individual is there are millions of people in the world who will never have heard them. For example I photographed the legendary Indian Bollywood actor Amitabh Bachchan, who amongst his many accolades was awarded the Legion d'Honneur, the highest civilian award of France. But I’m positive that many people in North America will not have heard of him – although he has more fans than Tom Cruise, Jack Nicholson and Robert De Niro put together. I find that however well known a person is cracking through egos and insecurities is really important when it comes to getting authentic strong portraits. However I hasten to add that when it came to photographing Amitabh th

The portrait photographer's motivation

Easy access to the Internet and digital photography has resulted in an ever growing number of photographers uploading their images for comments and ratings from peers. Online communities evolve and these mini-societies each have their pecking order, internal groups and communal preferences. Photographers learn from each other. On sites that have a rating system there is often pressure to conform to certain styles, techniques and even subject matter. Although I participate in numerous sites (it's great fun), I recognise the danger of becoming a herd animal and losing the edge of individual creativity. There will always be the creatives that lead the way and the imitators that can only try to follow in their footsteps. This lead me to think about classifying photographers according their inner motivation. So as a bit of fun here are a few different types: The innovator Driven to always find something new, different and creative. Wants to be leading edge. Motivated by creative satisfa

Is professional photography still a viable career?

I am not against amateurs and semi-professionals selling their photography. It's a great way to earn some extra cash. However I am concerned about the level of high quality published work and the standards that clients and the public accept these days. It seems that just about everyone is a photographer. The line between amateur enthusiast and professional is fuzzy to say the least. Photography enthusiasts are selling their images through stock libraries and microstock websites, directly to magazines or through their own and third party sites. They're accepting commissions to shoot weddings, being hired to shoot for magazines and selling fine art prints from their websites. They're teaching photography on the weekend and guiding photographic holidays and safaris. Photography became accessible to the masses with the first non-expert cameras and the famous Kodak slogan"You press the button, we do the rest." The digital camera age has taken the whole thing to a ne