COPYRIGHT FOR CLIENTS & PHOTOGRAPHERS
(by Bob Johns)

INTRODUCTION
This section is designed to help clients and photographers understand copyright and gain a working knowledge of the fundamentals of UK Copyright law.

Some photographers and clients choose to ignore copyright while others simply misunderstand it. By understanding copyright and working within the law as defined by the Copyright, Designs and Patents Act 1988 many problems can be avoided and a better relationship can be forged between clients and photographers.

If you are involved in commissioning photography remember that 'cheap' is not necessarily the best option. 'Snaps' are all you will get by someone who doesn't bother with licensing leaving you wide open for potential copyright problems in the future.

TRUE
Here is a true story about a newspaper-advertising manager who decided to run a series of ads for a photographic processing shop. What better way to promote a mini-lab than to use great pictures. He managed to persuade one of the advertising reps to bring in her wedding pictures which he began to use in the ads. It wasn't long before the photographer saw the ads and started legal proceedings to sue the newspaper. The newspaper settled out of court.

FALSE
A common myth, "We're paying you for the photography so that means we own the copyright." Wrong and it's important to remember that ignorance is no defence in law.

AND HOW ABOUT PHOTOGRAPHERS?
What about the situation when you have been on a shoot and somebody asks you to send them a picture. You agree and later find out it is being used on leaflets, websites, brochures etc.

Or what about never bothering with copyright until one day you do discover it and you see your work still being used extensively by clients several years on. Or being used by third parties having been distributed freely? What do you do? Ask for more money? Issue an injunction to prevent your work being used? Whatever course of action you take it will involve stress, money and possibly your reputation.

If you are serious about photography and intent to make a living from it, even part-time, you need to understand copyright. You also owe your clients a professional service allowing them to use the pictures fully for the purpose intended by licensing your work.

WHAT IS COPYRIGHT?
Quite simply the right to copy an original work. Anything that you produce as a freelance photographer is protected under the Copyright, Designs and Patents Act 1988, in the same way that work produced by writers, musicians, film-makers etc is protected.

Copyright law exists to allow creators to gain financial rewards for their efforts and so encourage future creativity and the development of new material. Without protection, it would be very easy for others to exploit material without paying the creator.

Clients who have a blatant disregard for copyright only serve to discourage professionals who appreciate the value of their work. To reduce the pool of good photographers in this way cannot be in their interests.

WHO OWNS COPYRIGHT?
Employed photographers do not own the copyright of any work that they produce in the course of their employment; it is the employer who owns copyright. For example, a person employed as a staff photographer on a newspaper who has a contract of employment and whose tax and National Insurance are deducted through PAYE would not normally hold copyright for any work they produce in the course of their employment.

Freelance photographers own the copyright of any work they produce. This right is granted automatically by the Copyright, Designs and Patents Act 1988 and they should resist any pressure from an employer to sign away their copyright. Some clients may insist that they own copyright either through ignorance or sheer exploitation.

PROTECTING YOURSELF
Whenever you send images out to a client either through request or speculatively you can protect yourself against copyright infringement or loss by marking your images as follows:

1. © Your name 2005
2. (C) Your name 2005
3. Copyright your name 2005

Digital files should include this information in the 'File Info' field while prints and slides can be marked with labels. You should also include your name, address, telephone number and reference so there can be no dispute about who the images belong to and no excuses for not contacting you to negotiate use prior to publication, and no reason for avoiding payment. Wherever possible try to maintain a paper trail by using delivery notes, letters, emails etc including clear copyright information.

HOW LONG DOES COPYRIGHT LAST?
Copyright in a photograph lasts for the life of the photographer plus 70 years.

LICENSING WORK
The whole issue of licensing work is an established industry practice strongly recommended by all professional associations and is the position upon which the Copyright, Designs and Patents Act of 1988 is based. Any other terms would undermine the very basis of the law which was specifically drawn up to protect all parties concerned in the production of original artistic material.

Any professional photographer failing to licence their work in this way must be ignorant of the UK Copyright law and afford little or no value to their work, which would lead me to question the validity of their professionalism.

Freelance photographers need to licence their work for it to be reproduced elsewhere. This is true for all commissions as well as selling stock images. The licence should be issued in writing and must be negotiated before undertaking any work. Questions that need to be asked include:

TERM - How long does the client want to reproduce the photograph? E.g. single use, one month, one year. When does the term start?

MEDIA - Where can the client reproduce the photograph? Print media only or electronic, specify the website.

QUANTITY - How many times can the client reproduce the photograph? E.g. 10,000 books, leaflets, brochures etc.

TERRITORY - UK, Europe, Worldwide.

It is very important to understand that not only do you need to negotiate the terms of the licence to enable your client to reproduce your images but also to determine what fee to charge.

Remember, photographers are paid for their skill, creativity, time, expenses and most importantly the right to use the photograph as defined by the licence. The more rights you buy, the more you end up paying for the photography, it’s as simple as that!

MORAL RIGHTS
In the UK, as elsewhere in Europe, moral rights are an integral part of copyright law but they were only introduced into UK copyright law for the first time with the 1988 Act. The key points that you need to be aware of are:

1. The right to be identified as the Author of your work. There are exceptions here, one of which is newspapers.

2. The right to object to derogatory treatment of a work-meaning ‘treatments’ of the work that are damaging to the honour or reputation of the photographer.

3.The right not to have work falsely attributed to a person as its Author.

Unfortunately, UK law requires moral rights to be asserted in writing before they can be applied, so in my case I would write:

Bob Johns asserts his moral right to be identified as the author of this work and the right to a credit in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988

To learn more about copyright return to the top of this page and click on the picture which will take you to a link page with several useful resources for further reading.

I hope you have found this introductory guide useful.