Printing from a photo cd - is it illegal?

Lirin

The UK copyright law fact sheet outlines the Copyright, Designs and Patents Act 1988, the principal legislation covering intellectual property rights in the United Kingdom and the work to which it applies.

1. Introduction Copyright law originated in the United Kingdom from a concept of common law; the Statute of Anne 1709. It became statutory with the passing of the Copyright Act 1911. The current act is the Copyright, Designs and Patents Act 1988.
2. Rights covered The law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used.
   The rights cover; broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public.
   In many cases, the creator will also have the right to be identified as the author and to object to distortions of his work.
   International conventions give protection in most countries, subject to national laws.
3. Types of work protected
   1. Literary song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters & articles etc.
   2. Dramatic plays, dance, etc.
   3. Musical recordings and score.
   4. Artistic photography, painting, sculptures, architecture, technical drawings/diagrams, maps, logos.
   5. Typographical arrangement of published editions magazines, periodicals, etc.
   6. Sound recording may be recordings of other copyright works, e.g. musical and literary.
   7. Films broadcasts and cable programmes.
   The Copyright (Computer Programs) Regulations 1992 extended the rules covering literary works to include computer programs.
4. When rights occur Copyright is an automatic right and arises whenever an individual or company creates a work. To qualify, a work should be regarded as original, and exhibit a degree of labour, skill or judgement.
   Interpretation is related to the independent creation rather than the idea behind the creation. For example, your idea for a book would not itself be protected, but the actual content of a book you write would be. In other words, someone else is still entitled to write their own book around the same idea, provided they do not directly copy or adapt yours to do so.
   Names, titles, short phrases and colours are not generally considered unique or substantial enough to be covered, but a creation, such as a logo, that combines these elements may be.
   In short, work that expresses an idea may be protected, but not the idea behind it.
5. Who owns a piece of work Normally the individual or collective who authored the work will exclusively own the work. However, if a work is produced as part of employment then it will normally belong to the person/company who hired the individual.
   Freelance or commissioned work will usually belong to the author of the work, unless there is an agreement to the contrary, (i.e. in a contract for service).
   Rights cannot be claimed for any part of a work which is a copy taken from a previous work. For example, in a piece of music featuring samples from a previous work, the copyright of the samples would still remain with the original author.
   Only the owner, or his exclusive licensee can bring proceedings in the courts.
6. Duration of copyright The 1988 Copyright, Designs and Patents Act states the duration of copyright as;
   1. For literary, dramatic, musical or artistic works 70 years from the end of the calendar year in which the last remaining author of the work dies.
      If the author is unknown, copyright will last for 70 years from end of the calendar year in which the work was created, although if it is made available to the public during that time, (by publication, authorised performance, broadcast, exhibition, etc.), then the duration will be 70 years from the end of the year that the work was first made available.
   2. Sound Recordings and broadcasts 50 years from the end of the calendar year in which the work was created, or,
      if the work is released within that time: 50 years from the end of the calendar year in which the work was first released.
   3. Films 70 years from the end of the calendar year in which the last principal director, author or composer dies.
      If the work is of unknown authorship: 70 years from end of the calendar year of creation, or if made available to the public in that time, 70 years from the end of the year the film was first made available.
   4. Typographical arrangement of published editions 25 years from the end of the calendar year in which the work was first published.
   5. Broadcasts and cable programmes 50 years from the end of the calendar year in which the broadcast was made.
   6. Crown Copyright Crown copyright will exist in works made by an officer of the Crown, this includes items such as legislation and documents and reports produced by government bodies.
      Crown Copyright will last for a period of 125 years from the end of the calendar year in which the work was made.
      If the work was commercially published within 75 years of the end of the calendar year in which it was made, Crown copyright will last for 50 years from the end of the calendar year in which it was published.
   7. Parliamentary Copyright Parliamentary Copyright will apply to work that is made by or under the direction or control of the House of Commons or the House of Lords and will last until 50 years from the end of the calendar year in which the work was made.
7. Restricted acts It is an offence to perform any of the following acts without the consent of the owner:
   Copy the work.
   Rent, lend or issue copies of the work to the public.
   Perform, broadcast or show the work in public.
   Adapt the work.
   The author of a work, or a director of a film may also have certain moral rights:
   The right to be identified as the author.
   Right to object to derogatory treatment.
8. Acts that are allowed Fair dealing is a term used to describe acts which are permitted to a certain degree without infringing the work, these acts are:
   • Private and research study purposes.
   • Performance, copies or lending for educational purposes.
   • Criticism and news reporting.
   • Incidental inclusion.
   • Copies and lending by librarians.
   • Acts for the purposes of royal commissions, statutory enquiries, judicial proceedings and parliamentary purposes.
   • Recording of broadcasts for the purposes of listening to or viewing at a more convenient time, this is known as time shifting.
   • Producing a back up copy for personal use of a computer program.
   • Playing sound recording for a non profit making organisation, club or society. (Profit making organisations and individuals should obtain a license from PRS for Music.

The 88 Act is designed to protect intellectual property rights in artistry, not the receiving individual.... Photographer owns copyright unless they work for a company, who would then own the copyright.
I have never had a situation where I've been asked to give up copyright on any of my images, and I never would.

closed

how much an hour is that labour?

Lirin

In photography?

Eg, at a wedding- I'm there maybe 10am to start the day. I don't finish until the cake at least is cut.

Editing, correcting, levels- at best on a rush job, that's another two days work.

Doing a proper album (not the self-adhesive rubbish everyone sells), a proper post-bound album built to last takes another day to put together.

And seriously- £600-£1500 for a wedding, involving all materials and 3-4 days labour is cheap. Builders can make more.

You're also paying for expertise- anyone can lift a camera, true, but to understand what it's doing, compose images, edit or shoot to show the subject in the best light- that involves a skill level.

DCodd

Lirin wrote: »

The UK copyright law fact sheet outlines the Copyright, Designs and Patents Act 1988, the principal legislation covering intellectual property rights in the United Kingdom and the work to which it applies.

1. Types of work protected
   1. Literary song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters & articles etc.
   2. Dramatic plays, dance, etc.
   3. Musical recordings and score.
   4. Artistic photography, painting, sculptures, architecture, technical drawings/diagrams, maps, logos.
   5. Typographical arrangement of published editions magazines, periodicals, etc.
   6. Sound recording may be recordings of other copyright works, e.g. musical and literary.
   7. Films broadcasts and cable programmes.

The 88 Act is designed to protect intellectual property rights in artistry, not the receiving individual.... Photographer owns copyright unless they work for a company, who would then own the copyright.
I have never had a situation where I've been asked to give up copyright on any of my images, and I never would.

Are wedding photos "Artistic photography"?

closed

You get to keep and use the building when you pay a builder.

Lirin

DCodd- Yes.

Closed- You get to keep the photos too. You just don't retain the copyright on their construction- funnily enough, your architect does. Very strange analogy.

Richie-from-the-Boro

Lirin wrote: »

When I give out CD's I ensure the images are sufficently low-res that anything more than a postcard print will be largely unusable- and they're usually marked as well.

I've spent my time taking them, the least I ask is that I get paid the few pounds rather than a printing shop.

For family or friends, though, I usually just let them do what they want.

I retain permissions to use on my website in every occasion.

- you did not spend your time taking them, you spent my time and my money. The above clearly demonstrates your manipulation of your customer [ sufficently low-res that anything more than a postcard print will be largely unusable- and they're usually marked as well ].

- gerrymandering a contract in your favour is standard in the industry, but bragging about it in an open forum is indicative of your personal / individual self-delusion. You have no rights at all, you have done nothing at all, you have been paid for a service in return for monetary reward.

I go to the garage and say to the mech, fix my car M8 and I'll pay you £x, and he says I've fixed it all right from .. .. .. now on you will never be able to :

- go over 20mph without paying me extra
- take it out of town without paying me extra
- sell it without paying me extra
- put your headlights on without paying me extra

Ditto Builder / candlestick maker / etc

DCodd

Lirin wrote: »

In photography?

Eg, at a wedding- I'm there maybe 10am to start the day. I don't finish until the cake at least is cut.

Editing, correcting, levels- at best on a rush job, that's another two days work.

Doing a proper album (not the self-adhesive rubbish everyone sells), a proper post-bound album built to last takes another day to put together.

And seriously- £600-£1500 for a wedding, involving all materials and 3-4 days labour is cheap. Builders can make more.

You're also paying for expertise- anyone can lift a camera, true, but to understand what it's doing, compose images, edit or shoot to show the subject in the best light- that involves a skill level.

Just so you know, I think you and your fellow professionals should be correctly paid for your expertise and the business expenses you incur, however should you not offer upfront and obviously costs for just supplying the printed photos and then explain that there would be extra costs to transfer a limited copyright to be able to buy and print from any CD supplied?

The consumer could be seen to be right to believe that they have hired you and your equipment to fullfill a labour contract only and copyrights would be retained by the consumer, afterall you wouldn't hire a digger and driver to build a swimming pool and then expect to have to pay them to use the pool.

DKLS

Whenever I hire any talent whether its actors, players, Voice over artists or photographers, I always go for the full buy out option, make life so much easier.

DCodd

Lirin wrote: »

DCodd- Yes.

.

So what is not "Artistic Photography"? There must be a specific definition as it is defined as "Artistic" in the Act.