Level 5 photography
Professional Studies
Week 9
Copyright, contracts, and licensing

Class doing my course when Just started the food photography project by the tutor Richard Whitehead that teaches commercial photography recently informed us that copyright law has changed slightly, using an artist's photograph for blog research for a academic purposes is copyright infringement if you don't save the reference such as the weblink underneath picture stating that it is not your's.  We are told that it is best to change blogs to password protected which only visible to a selection of people like tutors and not open to public domain on google+ blogger website.

Beyond the lens- AOP , 4th edition 2014

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/305165/c-notice-201401.pdf

COPY RIGHT, CONTRACTS

© AOP Gwen Thomas 2012

© AOP/Gwen Thomas 2012 gwen@aophoto.co.uk

LICSENSING

-The right to control copying including digital scanning
- Copy right, designs and Patents Act 1998
-Photographers own copyright in their images- commissioned and personal
- An automatic right- no need to register
- Lasts for 70 years after the photographer dies
-There is no copyright in an idea of employed, incidental inclusion, criticism and review, research and private study and education and news reporting

-Employer pays for tax, NI ,Included work not key, Image or content only, Not by reprographic process, For exams only, Not photography

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

Working with copy right

Making © work for you

Licensing

• Exclusive - only one licensed client can use - photographer needs permission for folio use - client can sue for infringements
• Not exclusive- More than one licensed client can use - photographer can use in folio- client can sue for infringement with written permission from photographer ! Media •! Territory •! Time  •! Exclusive •! Base Usage Rate (BUR)

CONTRACTS

• An agreement between two parties

• Every commission is a contract

• Always have contracts in writing

• Terms of the contract

PAPER WORKS CONTRACTS

• Estimate price and period
• Terms and conditions
• Purchase order
• Invoice
• Licence 

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

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

DACS WEBSITE:

-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

© AOP Gwen Thomas 2012


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
Copyright, Contracts & Licensing

•! 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?