16th October 2008, 11:05 AM
Being a amateur / semi-professional photographer, I found this... from the British Institute for Professional Photography:
The copyright in a photograph belongs to the person who took it - Copyright Designs & Patents Act 1988 - the only exception being employed photographers, where it is his or her employer who owns the copyright unless they have a contractual agreement to the contrary.
In practice, this means that clients may only use photographs taken by a professional photographer in ways that have been agreed at the time they were commissioned. If further uses are required at a later date, permission must be sought from the copyright holder and an additional fee agreed.
Copyright lasts for 70 years after the end of the year in which the author dies and offers protection against unauthorised reproduction of the photographs and entitles the owner to economic benefit from it.
For this reason, it is essential that clients specify the uses to which images will be used - preferably in writing - when briefing the photographer and requesting a quotation. This agreement then forms part of the contract. The contract should cover how the work will be used, where (geographically) it will be used and for how long it will be used.
Copyright can be assigned to another person or company, but only if the photographer agrees. Assignment of copyright should normally be in writing, although an oral agreement could also be considered binding. With simple images that are unlikely to have no wider commercial value, such as a pack-shot of a recognisable product, some photographers will be happy to assign copyright to their client. However, where the picture is more creative, or has further economic potential, for example, as a library stock shot, it is essential that copyright remains with the photographer.
... and as for "He says the customer is King". I refer to the BAJR thread on archaeology and profit. To get ahead, we still right-royally shaft each other... and will probably do so for some time yet (so much for co-operation).
The copyright in a photograph belongs to the person who took it - Copyright Designs & Patents Act 1988 - the only exception being employed photographers, where it is his or her employer who owns the copyright unless they have a contractual agreement to the contrary.
In practice, this means that clients may only use photographs taken by a professional photographer in ways that have been agreed at the time they were commissioned. If further uses are required at a later date, permission must be sought from the copyright holder and an additional fee agreed.
Copyright lasts for 70 years after the end of the year in which the author dies and offers protection against unauthorised reproduction of the photographs and entitles the owner to economic benefit from it.
For this reason, it is essential that clients specify the uses to which images will be used - preferably in writing - when briefing the photographer and requesting a quotation. This agreement then forms part of the contract. The contract should cover how the work will be used, where (geographically) it will be used and for how long it will be used.
Copyright can be assigned to another person or company, but only if the photographer agrees. Assignment of copyright should normally be in writing, although an oral agreement could also be considered binding. With simple images that are unlikely to have no wider commercial value, such as a pack-shot of a recognisable product, some photographers will be happy to assign copyright to their client. However, where the picture is more creative, or has further economic potential, for example, as a library stock shot, it is essential that copyright remains with the photographer.
... and as for "He says the customer is King". I refer to the BAJR thread on archaeology and profit. To get ahead, we still right-royally shaft each other... and will probably do so for some time yet (so much for co-operation).