'Copyright, Contract & licensing'

Wed 20th Feb 2013 Professional Practice 'Copyright, Contract & licensing'

Glen Thomas (aopgwen-gwen@aophto.co.uk)

This session was really interesting and vital for anyone who plans any kind of future selling images or working as a photographer in the future.

We were also advised to join: http://www.dacs.org.uk/

COPYRIGHT, CONTRACTS & LICENCING

© AOP/Gwen Thomas 2012

gwen@aophoto.co.uk

@aopgwen

LICENSING

• The right to control copying including digital

scanning

• Copyright, Designs and Patents Act 1988

• Photographers own copyright in their images -

commissioned and personal

• An automatic right - no need to register it

• Lasts for 70 years after the photographer dies

• There is no copyright in an idea

Exemptions in the Law

1. Employed  Employer pays tax, NI

2. Incidental Inclusion  Included work not key

3. Criticism & Review  Image or content only

4. Research & private study  Not by reprographic process

5. Education  For exams only

6. News reporting  Not photography

Assign or Licence

• Copyright in the UK is a property right

• Assigning copyright is like selling your house

• Licensing is like renting your house or rooms

within your house

Moral Rights

Employed photographers do not have these rights

The Attribution Right

• Right to a credit

– Not an automatic right, must be asserted

– Does not apply to magazine/newspaper work

– Does not apply to reporting current events

The Integrity Right

The right to object to derogatory treatment

– An automatic right

– Does not apply to magazine/newspaper work

– Does not apply to reporting current events

False Attribution Right

• The right not to have someone else’s work

credited to you

The Privicy Right

• The right of a commissioner to prevent

publication

• Applies only to private and domestic

commissions eg

– Weddings

– Family portraits

WORKING WITH COPYRIGHT

Making © work for you

Licensing

• Exclusive

– Only one licensed client can use

– Photographer needs permission for folio use

– Client can sue for infringements

• Non-Exclusive

– More than one licensed client can use

– Photographer can use in folio

– Client can sue for infringement with written permission

from photographer

Advertising, Design & Corporate

• Media

• Territory

• Time

• Exclusive

• Base Usage Rate (BUR)

CONTRACTS

• An agreement between two parties

• Every commission is a contract

• Always have contracts in writing

Paperwork

• Terms of the contract

• Estimate

• Terms and Conditions

• Purchase Order

• Invoice

• Licence

Editorial

• All Rights

• First British Rights (FBR)

• FBR with syndication

COLLECTIVE LICENSING

• Method of licensing work in difficult to police

situations eg photocopying

• Photocopying/scanning licences issued by the

Copyright Licensing Agency

• Licence fees distributed between publishers,

authors and visual artists collecting societies

DACS

Design & Artists Copyright Society

• Not for profit visual arts collecting society

• Negotiate and licence their artist members work

• Collect and distribute collective licence money to

all visual artists via PAYBACK

What can photographers claim for

from DACS?

• Work licensed for reproduction in magazines, books,

journals

• Work licensed in a programme broadcast on BBC Digital or terrestrial UK television

How do I get the money?

• Register at the DACS website

• Fill in the form when it arrives

• Wait for your cheque!

DON’T FORGET……….

• Your work is your

creation & your

pension

• Mark your work

• Never send work on

spec

• Read all paperwork

• Don’t rely on word of

mouth

• Use terms &

conditions

• Register with DACS

• Start using paperwork