Adam_B
Member
Registered: 13th Dec 00
Location: Lancashire
User status: Offline
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So, i was just wondering, if you post a photo you have taken on the internet in a public place where anyone can see it or download it do you give up certain aspects of owning it? like say if i posted a poto of a corsa on here could ian then use it to promote the site or something else that isnt a buisness to make money without my permission?
That hasnt happened, just wondering
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Adam_B
Member
Registered: 13th Dec 00
Location: Lancashire
User status: Offline
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bugger, i meant to stick this in snap day.
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Matt H
Member
Registered: 11th Sep 01
Location: South Yorkshire
User status: Offline
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Moved
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Adam_B
Member
Registered: 13th Dec 00
Location: Lancashire
User status: Offline
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cheers dude
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Butler
Member
Registered: 2nd Jun 05
Location: London
User status: Offline
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I dont think anyone legally has any right to use your image for any promotional purposes. There was a section in practical photography recently that covered all the legalities of photography.
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AndyKent
Member
Registered: 3rd Sep 05
User status: Offline
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No, the image remains permanently within your own copyright unless to agree to pass it to another person.
If someone else does use it, you are fully entitled to invoice them for its use.
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richard_cooper
Member
Registered: 31st Jan 07
Location: Mansfield, Nottingamshire
User status: Offline
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As said above the image will still be sopyright to you. If someone takes it, charge them!
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Adam_B
Member
Registered: 13th Dec 00
Location: Lancashire
User status: Offline
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how much?
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Tiger
Member
Registered: 12th Jun 01
Location: Leicestershire Drives:Astra VXR
User status: Offline
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Photographic Copyright
Knowing the legal position on how and when images can be used is essential for both professional photographers and their clients.
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.
A 'Win-Win' solution would be for the client to be granted exclusive rights for an agreed period of time. Assigning only those rights required by the client may allow the photographer to offer a more competitive day rate or shot rate than if all imaginable usage rights were granted.
It should be noted that while the client who commissioned the work may hold onto it, the photographer, being the copyright owner, has a clear right of access to the material. Once the licensed period has expired, the photographer has the right to have the originals returned in good condition.
At the end of the day, it is in the interests of all parties to know what is being agreed, hence the importance of a written contract.
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