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copyright question - Printable Version

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copyright question - newtothis - 14th November 2011

hello

I'm new here and to the world of archaeology especially post-ex. I was wondering what the rights were of an individual re photographs taken (especially if you use your own camera equipment). This is for reports and talks. I recently did a load of field photos (self employed) using my own camera and they have been used in a talk by someone not even from the company that hired me and in the report and website but I have had no credit for them at all. Just a 'small thanks for the pics' line at the end would be nice.

thanks


copyright question - Sith - 14th November 2011

I'll await incoming from members more knowledgable on this topic of copyrigght than I, but yuo should expect a credit at the very least. Its very bad form to use someone elses work without acknowledging the source.


copyright question - Dinosaur - 14th November 2011

Sith Wrote:I'll await incoming from members more knowledgable on this topic of copyrigght than I, but yuo should expect a credit at the very least. Its very bad form to use someone elses work without acknowledging the source.

Then presumably I'm right to be just a little peeved about all the photos that I've taken over the years that various units (one large 'council' unit in particular) have published credited to other people?


copyright question - gonetopot - 14th November 2011

Newtothis - as you were self-employed, the copyright for the pictures belongs to you, although for a talk as opposed to a publication, copyright is not an issue unless it is broadcast, nevertheless professional courtesy dictates that they should ask your permission.

If you are employed by a unit and have to take pictures as part of your role, then the copyright belongs to the company, but it is nice to at least be acknowledged if those photos are then used in a report.


copyright question - Dirty Boy - 14th November 2011

gonetopot Wrote:Newtothis - as you were self-employed, the copyright for the pictures belongs to you, although for a talk as opposed to a publication, copyright is not an issue unless it is broadcast, nevertheless professional courtesy dictates that they should ask your permission.

If you are employed by a unit and have to take pictures as part of your role, then the copyright belongs to the company, but it is nice to at least be acknowledged if those photos are then used in a report.


Generally true, but will depend on your contract with the unit you've given your services to. Copyright is likely to be mentioned there due to client confidentiality clauses and the like.

You may be able to get a credit for taking the picture, but again, depends if your intellectual property rights are mentioned in the contract too.


copyright question - newtothis - 14th November 2011

There was no official contract other than I a form signed by booth parties agreeing timetable, dayrates and mileage. I guess I'm just very green/gullible and trusted the company would acknowledge me/my work. But now I think about it, the chap who did the talk was probably not informed of the photos source. Luckily I have the RAW files and they only have the JPegs so should a book be published I assume I would have a case. My other query is that of money...if a publication came from this work, should I be paid if my photos are used?

many thanks for your supportive replies


copyright question - gonetopot - 14th November 2011

Thanks for the reminder Dirty Boy. Yes, all the contracts I have worked under for units have included a paragraph the states that for any work undertaken for the company to contribute to a client report, the intelectual copyright is held by the unit, and that indormation may not be disseminated without permission.

To be fair, the units I have worked for have never had a problem giving permission as long as they are asked, and client confidentiality rarely restricts discussing the archaeoology, just demands you do not mention the development it is connected with. Always best to ask permission, too many people assume that just because they did the work, it somehow belongs to them (legally).

As for money for published photos - I would think that as the unit paid for you to take the photos, even on a freelance basis, they are then entitled to publish them as they see fit without further payment, but this should really be set out in a contract for work.


copyright question - Wax - 14th November 2011

Probably one to put down to inexperience and next time make sure you have a written contract or agreement that clearly states where the copy right lies. It is usually with the client but with the freelancer retaining the right to be recognised as the source and with some rights to use the information elsewhere with the permission of the original client. Do be prepared for some clients to retain all the rights to the information you have been paid to supply to them. You could go down the route of Unit of one and insist on retaining all rights to the information you produce but it might restrict your client list.
Unless you have unlimited resources I would not bother chasing this though you could come to some sort of retrospective agreement with the client as long as it is formally in writing. (Always get everything in writing)


copyright question - P Prentice - 14th November 2011

copyright is with the person creating the (in this case) image or the persons employer unless agreement to licence has been formally reached. newtothis i suggest you contact the offender and demand recompense - either monetary or by way of an apology - shoddy practice indeed


copyright question - monty - 14th November 2011

newtothis Wrote:hello

I'm new here and to the world of archaeology especially post-ex. I was wondering what the rights were of an individual re photographs taken (especially if you use your own camera equipment). This is for reports and talks. I recently did a load of field photos (self employed) using my own camera and they have been used in a talk by someone not even from the company that hired me and in the report and website but I have had no credit for them at all. Just a 'small thanks for the pics' line at the end would be nice.

thanks

A familiar scenario........ pestering the editor when work in prep usually does the trick ! Smile