If you come across a publisher, client or competition organiser and find that they are taking liberties with your copyright or imposing unfair contract terms over reproduction rights, please report them in the copyright alerts forums
What is copyright? How do I protect my work? What do I do if someone asks to use my photographs? What can I do if someone uses them without asking? Why should I even care?
All these questions and more are answered here in a simple and straightforward manner and with the focus on UK law.
Thanks to the web there are now few distinctions between professional and amateur photographers. Both have the capability to show, market and distribute their work globally.
Things to note about this one, which is one of the worst we've ever seen:
- It's non negotiable, and expressly disallows alterations of terms
- Editors are saying that this is now the only contract on offer from National Magazines. Where previously they were expected to try and acquire All Rights, they had some leeway to negotiate more reasonable terms if necessary. They now do not, the All Rights contract below is all that is on offer
- Aside from relieving you of copyright and the right to use or re-sell your own work forever, even for portfolio purposes, or even to mention it for a year, it makes you liable for anything National Magazines might do that violates the PCC code.
- You don't get paid unless you accept and sign this contract, according to the contract you haven't even signed, and may not even have been told about at the time you accepted the commission and shot the work. The latter would be an illegal imposition of contract terms.
- As far as is known, no fee increase is on offer to compensate the photographer for the massive loss of rights and income imposed here. Rates for full copyright buyout are generally understood to be around 5-10x the rate for first rights, single use, which is the traditional magazine basis. This contract therefore awards National Magazines a 400%-900% discount. Try paying £1 for £10 of shopping in Sainsburys as a reality check.
- If you sign this, no matter how desperate you are to pay the mortgage or get established, you are an idiot. You are ensuring an untenable future not only for yourself but for other photographers too.
RegentSteetOnline is the website home one of London's most expensive bits of heritage real estate. Their 'What's Great about Britain, to you?' photo competition says 'We challenge you to capture in a photograph.The top 10 photos will be displayed on Regent Street and the overall winner will receive a £500 shopping experience and £300 worth of Jessops vouchers. The competition is open to all; professionals, enthusiastic amateurs, or happy snappers. However the judges will be looking for: creativity, composition and originality.' And, as it turns out, gullibillity.
Adobe is currently beta testing its Photoshop Express ('PSX') online image editor with built-in photosharing. Users open an account on an Adobe server and PSX can upload, edit and share their photos in a manner not dissimilar to Flickr - but with browser-based Photoshoppery added. All very funky, coolly Web 2.0 and easy for the user, but there is a catch : in order to use the service you not only grant Adobe a perpetual, royalty free license to distribute and share your work, you also grant any other user of the service the irrevocable right to use your work forever, free of charge and in almost any way they see fit.
How about £35 fee for a commissioned photo, including all expenses, travel and post-production and obligatory full copyright assignment? Or, if it doesn't get printed, you get £16.50. This is what the Newspaper Society offers in its new contract, along with liability clauses that penalise the photographer should almost anything go wrong.
Great Picture & Small Print - Don't Lose Rights In Competitions
Own-it and Pro-Imaging have invited four experts in their field, a solicitor, an award-winning photographer and two competition organisers, who will give you an overview of the legal framework, and how to avoid pitfalls when entering competitions.
Iconic Britain looks extremely worrying at first glance. It is not a photo competition in any normal sense as photographers don't win anything. Submitters are told 'No need to take any photos, simply use Live Image's powerful seach to find images!'
Yes, that's right : it seems anyone's images anywhere on the web may be used without permission to win the submitter a prize. All you have to do is use the search facility provided to find photos and drag them into the Iconic Images entry box.
Heinrich Bauer, the German publishing group who now owns a large chunk of the consumer magazine publishing and radio empire formerly known as EMAP (£1.1Bn sale in November 2007), have a new contract which they are seeking to impose on freelance photographers. It is, even by the increasingly feudal standards of the industry, a landmark in predatory unreasonableness that fails to recognise freelances are small businesses, not serfs. Quite honestly, only an idiot would sign it.
The heinekenmusic.ie website is a mashup that aggregates... oh, I'll let them tell you themselves...


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