'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

     

London exhibitions on during the 21st & 28th February

Here is a list of photography exhibitions that are on in London on the 21st & 28th of February.

These will coincide with your trip to London. 

LONDON EXHIBITIONS TAKING PLACE ON THE

21^ST AND 28^TH FEBRUARY

(Coincides with your field trip to London)

This list can also be found on MY UCA under Professional practice folder

Heidi Specker / Termini

01.02.13 - 16.03.13

Brancolini Grimaldi / London

http://www.brancolinigrimaldi.com/

Candida Höfer / A Return to Italy

12.02.13 - 12.04.13

Ben Brown Fine Arts

http://www.benbrownfinearts.com/

Man Ray / Man Ray Portraits

07.02.13 - 27.05.13

National Portrait Gallery

http://www.npg.org.uk/

Thomas Joshua Cooper / Messages

01.02.13 - 28.03.13

Haunch of Venison

http://haunchofvenison.com/

Bettina Rheims / Gender Studies

26.01.13 - 01.03.13

Hamiltons Gallery /

http://www.hamiltonsgallery.com/

Thomas Zanon-Larcher / Falling: A Part

25.01.13 - 09.03.13

Wapping Project Bankside /

http://www.thewappingprojectbankside.com/

Group Show / Kiss Me Deadly: A Group Show of Contemporary Neo-Noir from Los Angeles

24.01.13 - 09.03.13

Paradise Row /

http://www.paradiserow.com/

Tessa Traeger / The Chemistry of Light

24.01.13 - 21.02.13

Purdy Hicks Gallery /

http://www.purdyhicks.com/

Juergen Teller / Woo!

23.01.13 - 17.03.13

ICA / London

http://www.ica.org.uk/34587/Exhibitions/Juergen-Teller-Woo.html

Group Show / Body I Am: Birgit Jurgenssen, Ana Mendieta & Hannah Wilke

22.01.13 - 16.02.13

Alison Jacques Galler

http://www.alisonjacquesgallery.com/

Group Show / Light from the Middle East: New Photography

13.11.12 - 07.04.13

Victoria and Albert Museum

http://www.vam.ac.uk/

The Bride and the Bachelors: Duchamp with Cage, Cunningham, Rauschenberg and Johns

14.02.13 – 09.06.13/The Barbican

http://www.barbican.org.uk/

Attached Files:	LONDON EXHIBITIONS TAKING PLACE ON THE.docx (96.778 KB)

spring term artist talks

ARTIST TALK – Heike Löwenstein

18TH February 2013, 2-3.30pm, Studio 2

The interest in place and identity has run as a strand through Löwenstein’s photographic practice of over 20 years. In the 80's and 90's she has focused on commissions in documentary, editorial, architecture and industrial photography and worked for numerous national and international clients, for example Stern, OTIS, Dorling Kindersley and BMW. Since then she had several books with her work published and had numerous solo and group shows in Berlin, London, Glasgow and New York between 1993 and 2011.

Heike Löwenstein’s field of enquiry is photography concerned with meaning of place and

representation of identity. Her research pursues the impact of an environment upon the formation of identity and the self. The role of space and place are central to her research and photographic

practise.

ARTIST TALK – Stephen Bull

12th March 2013, 10.30-12pm, LT1

‘Lionel Blair Meeting Hazel Stokes’ from the series Meeting Hazel Stokes (2006)

Stephen Bull is a writer, artist and lecturer. His works using found photographs -

often relating to the theme of celebrity - has been exhibited in venues including Tate

Britain and The Photographers’ Gallery, London. His series ‘Meeting Hazel Stokes’,

shown in the Brighton Photo Biennial Fringe 2006 and in the exhibition “How We

Are: Photographing Britain”, at Tate Britain in 2007, re-presents snapshots of a

celebrity-obsessed theatre usherette posing with famous people in order to show

how mass reproduced images can lead to a form of fame.

He is the author of Photography (Routledge, 2010) and he is currently editing the

Companion to Photography (Blackwell, forthcoming). He contributes to magazines

including Source: The Photographic Review and Photoworks. He also devised and hosts

the live events Desert Island Pics. Stephen is Course Leader for BA (Hons)

Photography at the University for the Creative Arts, Farnham.

Artist Talk – Jessica Potter  

13th March 2013, 10-11.30am, LT1 

Jessica Potter’s work investigates the photograph as a site of writing through processes of description 

that operate between the photograph and the written word. The relationship between word and 

image is central to thinking about the nature of the photograph. Within this context she has 

developed a body of photographic work and writing that takes the form of voice recordings. The 

work brings together examples taken from 20th century French literature and 20th century American 

photography, specifically the writing of Gustave Flaubert, Alain Robbe-Grillet and George Perec and 

the photographic series Labor Anonymous by Walker Evans. The relation between these examples lies 

in a desire to present experience and question realism through methods of description. 

 Passer by Iceland, 2010 

Jessica Potter is an artist and writer who lives and works in London. Her work is concerned with the 

relationship between word and image involving processes of photography, writing and drawing. She is 

currently in the final stages of a PhD by practice in the Photography Department at the Royal College 

of Art, London. She gained her MA from Camberwell in 2004 and BA from Goldsmiths in 1999.  

Buisness Pack

Templates for business pack;

• Invoice

• Estimate

• Model release form

• Licence

 • Agent/Photographer agreement

Remember to source/provide your own:

• Delivery note

• Call sheet

• Property release

 

invoice.pdf (5.458 KB)

 licence.pdf (6.057 KB)

 estimate.pdf (5.642 KB)

 AOP_Model_Release_Form.pdf (57.212 KB)

 agent-photographer_agreement.pdf (9.794 KB)

Artist Talk / Heike Löwenstein

Artist Talk / Heike Löwenstein

The interest in place and identity has run as a strand through Löwenstein’s photographic practice of over 20 years. In the 80's and 90's she has focused on commissions in documentary, editorial, architecture and industrial photography and worked for numerous national and international clients, for example Stern, OTIS, Dorling Kindersley and BMW. Since then she had several books with her work published and had numerous solo and group shows in Berlin, London, Glasgow, New York China and Dresden between 1993 and 2012.
She has been awarded a fellowship at University Campus Suffolk in 2008 to implement the use of 3D and other CGI technologies and concepts into the photography curriculum. Heike has an MA in Hypermedia Studies with merit from the University of Westminster in 1996. She studied photography at the Bayerische Staatslehranstalt für Photographie in Munich 1986-1988 and practised in Berlin from 1989-1996 before moving to London. She has worked and taught photography in London, Glasgow, Blackpool, Suffolk and Derby now divides her time between London, Rochester and Suffolk. She is subject leader for photography at the University for the Creative Arts (UCA), Rochester.

Heike Löwenstein project / `peoples spaces`

Annie Craig - Walled Garden, Glendaruel (Argyll, Scotland), 2007

“A place can be defined as relational, historical and concerned with identity” (Marc Auge, Non-Places)
PeopleSpaces was conceived in 1998 as an idea that was borne out of Heike’s interest in the significance of place for capturing her subjects. It had developed while undertaking commissions, however, Löwenstein wanted to take this relationship between a person and their environment further within her personal work.
The analysis of space, environment and identity is a relatively recent consideration. One hundred thousand years ago the population of the planet could squeeze into Wembley stadium. Now it’s a struggle to fit the supporters of two football teams into the stadium. When humankind first inhabited the earth it was the environment that dictated behaviour and hence identity. Now, centuries later, humans have stamped their authority on the environment through globalisation and population growth. Our relationship to space and identity has changed dramatically. The German philosopher Immanuel Kant proposed that space and time are not inherent features of the world around us but rather ways in which our minds order our experiences. Therefore, have we changed so dramatically from being formed by our environment, as early humans were, to drawing our identity from the space we have created?

The aim of the PEOPLESPACES is to investigate this relationship between people and their environment and to help explain how it affects identity. As the world is made up of many different types of communities, in terms of size, geography and demography the projects Heike aims to undertake in the future will reflect the different nature of the world’s communities. The method is to photograph a representative sample of people in from a specific geographical location to achieve a complex portrait of the whole area, the ‘ultimate environmental portraiture’.
PEOPLESPACES examines the relationship between the people of a specific location to their geographical area and vice versa by allowing the person to select the particular place in which they are photographed. They are then asked to produce a narrative as to why they chose the specific place. Built up over time and with a representative sample this then portrays a region from the eyes of the people who inhabit it, thereby giving the viewer a unique insight into an area.
PEOPLESPACES is unique in that it utilises panoramic photography and its unique ability to capture time and space coupled with the use of other multi-media tools.
These projects can have long lasting benefits, not only to those participating who will gain a deeper understanding of their own communities but also to a wider audience that may include decision-makers at all levels in our society. The insights gained through PEOPLESPACES will lead to better understanding of social issues resulting in clearer and more informative decision-making.

Heike has undertaken the first project in Glendaruel, a valley on the Cowal peninsula in Argyll, Scotland between 2007 and 2008. It is a small community of about 180 people (including children) which is made up of a mixture of farmers who have been born here or come here, people who grew up here, went away and have come back to live and work (from) here, some who have come to retire and some who have been attracted by something special about the place, without having a prior connection.
It is a 'working Glen', tourism plays an important role, but agriculture has been the dominant preoccupation. As farming here as anywhere else is under threat this might be changing in the future, indeed what the future holds for the next generation of farmers is very uncertain. That as many other issues feature in the work.
Heike has been attracted to Glendaruel by the make-up of its community and the environment that can be breathtakingly beautiful one moment and extremely dismal and challenging the next. She has a personal connection with Glendaruel that allowed her to spend some time there over the last few years, and enabled her, with the assistance of some interested volunteers, to start the project in 2007 and move it on as time allowed. She has photographed and interviewed about 35 people, and made a few sound recordings as tests. The project has come to rest since 2009; since then PEOPLESPACES has informed my practice based PhD at the Glasgow School of Art which is taking new work in a different direction.

Willie MacVicar at Bealachandrain

Jessica Potter talk

Feb 2013 Professional Practice 'VL' Jessica Potter talk.
Jessica Potter is a photographer nearing the end of a seven year period of education and development which started with a BA course and has led to a practice led PHD.

Her work is very closely connected with the relationships between text and image and the writings of French twentieth Century writers such as Jean Paul Sartre http://www.sartre.org/.
Jessica explores how to exhaust an image with accompanying audio or written words phrased initially in a monochrome descriptive tense. This methodology stemmed from an interest in the unease she felt between the relationship between text and images. This investigation started during her BA.
She was also interested in landscapes, edges and boundaries thematically. Especially the public space and it's usage, this included a fascination with observing and recording those frequenting the space.The methods used to create the images were analogue using both 35mm and 120 roll film and when faced with fellow members of the RCA where she had progressed too, she felt very technically inexperienced. The images themselves are not beautiful or aesthetically pleasing because it's the narrative that seems to be more important. Potter has referenced Sartres book 'Being Nothingness' and 'Nausea', especially interested in "The look" or "The relationship between one person and another". Potter also described the benches she enjoyed to work from, or to photograph as "like cameras themselves". This phrase related to the way the bench was positioned like a viewfinder directing the sitter in a defined and specific way. It was whilst focusing on the park benches that her writing of the descriptive text increased. Audi work was produced to support the visual and written text, spoken by a male voice in a monotone fashion. Some work related to a series of benches surrounding a pool, and the drain hole was described in relation to Sartre and in a somewhat sublime way, although I felt the images didn't translate and communicate that message to me.
Moving on from parks the next body of work related to the high-street and was black and white unlike the colour bench series. The narratives revolved around specific rules Potter self imposed to create the work. These rules included for example, photographing as a subject was leaving the frame, or reached a certain position in the frame. The images are a visual representation on a 'public space of encounter' and the supporting descriptive text is designed to explore the concept of 'Taking the image to the point of Exhaustion'. The ideas behind the work again are connected back to Sartre by Potter, with a nod to Walker Evens previous work created in 1946 recording workers (in Fortune magazine). Evens wanted to be a writer and created work that became a typology Potter stated, and that is where the connections between their work merges. Potter uses text with and theory given as much status as the images themselves. Potter described her series of 12 images (the number of images on a 120 roll film in her medium format camera) as a "visual sentence".
Following on from parks and the street, Potter decided to explore the allotment as an alternate public space to photograph. Exploring mounds of organic matter and ideas like "what is the difference between a mound and a heap?" Potter explained that again these explorations could be linked back to French 20th century writers or poets especially the "20th New Novel or nouveau roman" movement.

Professional Practice re-brief: CV update talk

Thurs 31st Jan 2013 Professional Practice re-brief: CV update talk
A brief overview of term ones tasks. Write up VL's, and contact professionals within three sectors of the creative industries.

Term two/three: Work placements and creation of the business pack. Whilst on placement create a record or activities undertaken, collate information and evidence. Also produce reflective analysis all of which will support my PDP journal.

Assessment is via the physical folder itself and completed Evaluation form(s)

Personal professional Profile

Blog(s) and website(s), business cards, plus any other forms of publication.

Have placement ideas by the 7th for tutorials. Progress and to enable forward plan.

Folders to be complete for review on the 21st 28th March (split across two days)
Final Hand in date May 3rd



CV update: 15:30 with Jan Rowan Careers Adviser (jrowan@ucreative.ac.uk on site Tues & Wed)

Support up to three years after leaving
Contacts book
Mater CV

Consider:
www.Prezi.com
www.wix.com (website developer)
www.branchout.com