Photographs are protected under copyright law just like any other piece of creative work and many many Photographers often struggle to make people about owner ship of work... So here's the legal bit: I've distilled it down to a single page that any client should be able to digest with ease.
The legislation quoted is UK law but 99.9% of this is applicable under International law as well since moral and intellectual ownership is at the core....Feel free to copy paste and use this to protect your work.
All photographic works are protected in UK law by the Copyright, Designs and Patents Act 1988 and internationally under existing laws and other EU directives that came into force in 1989 and 1996, they qualify under these acts and they come under the classification `Artistic Work'.
The overall policy of this legislation is; 'to prevent the unauthorised copying of creative works and the copyright owner has the exclusive right to authorise the reproduction of his work in any medium by any other party. To ensure that any reproduction can only take place with the copyright owners consent, permission usually being granted with the payment of a fee'
The law also contains provisions to deal with both moral rights and paternity rights.
Moral rights deal with both the photographer's rights and the right of the individuals in the photo. The photographer's moral rights remain his regardless of what happens to the copyright, and they include: the right of integrity and therefore not to have his work subjected to derogatory treatment, this can include distortion or mutilation, the right to be identified as the photographer whenever it is used, the right of privacy for photographs commissioned for private purposes they assist in helping us ensure that the product you receive is of high standard.
'Paternity rights' deal with my right to be identified as the photographer and entitles me to a reasonable and prominent credit whenever our work is commercially published or exhibited.
The above rights last as long as the copyright of the work, these rights are held by the photographer through the photographer's lifetime and for 70 years beyond death, when it is transferred to the photographer's heirs. In short, copyright belongs to me unless stated otherwise.
As there is no official registration system in the UK and none required under, European or International law, the legal obligation therefore rest on the part of third parties to find me and seek my permission to reproduce my works.
We endeavour to ensure that it is easy to identify our works. As there is no official registration system in the UK and none required under, European or International law the legal obligation is on the part of third parties to find me and seek my permission to reproduce my works.
Where works have been used without my prior permission then it may be that an invoice is issued for a reasonable fee....it is worth noting that we often do not charge, or reduce our charges dependent on what the intended use is but ONLY where prior permission has been sought.
We understand that you will probably want your friends around the world to see your photos by email or social networking....we will supply electronic files in jpg format that will satisfy our standards and that will enable you to respect Copyright. A nominal fee may (or may not!) apply.....
What this means to you: (a brief guide without prejudice)
Thou shalt not, by any means, copy photographs by Richard Taylor
Thou shalt not edit nor deface photographs by Richard Taylor
Thou shalt not reproduce photographs by Richard Taylor and especially thou shalt NOT sell them.
Thou shalt seek permission to publish photographs by Richard Taylor
Thou shalt apply accreditation to all published photographs by Richard Taylor
Thou shalt seek advice from Richard Taylor if any of the above confuses you!
And finally: Expect to be billed for failing to comply with any of the above!!