| Photographic Licensing |
Copyright law, allows the creator of an image or work the right to control
the way in which the image is used. It also gives the creator the right
to license others to use the image in return for a fee. It is this system,
along with contracts, which underpins the set of working practices operating
in the picture industry today.
Licensing is the process of splitting up the right to use an image into
smaller, more manageable and affordable pieces by selling very specific
rights for its use. Images are usually licensed by size (or prominence)
of reproduction, by territory in which they appear, by the medium in which
they are reproduced, by time and/or quantity of reproductions and can
be exclusive or non-exclusive.
For example, a magazine may buy a once only non-exclusive right to use
a new photograph in next month's edition. Whereas an advertising agency
would need to buy the right to use an image exclusively for a period of
time in press, posters, television and other forms of visual media to
ensure that their message is not weakened by the association of the image
with other products.
Photographers and artists either assign or sell the right to license their
images to libraries and agencies. Some libraries own the copyright in
all their pictures whilst some represent hundreds of different photographers.
Some basic points to remember about UK Copyright Law:
No copyright photograph may be copied without the
permission of the copyright owner.
Photographers hold copyright in their own work unless agreed otherwise.
The situation is different for employed photographers who create work
in the course of their employment, here the copyright belongs to the employer.
Photographers have the right to assert their moral right to be credited
as the author of a photograph.
Photographers have the right to object to treatment of their photograph
which distorts, mutilates or is otherwise damaging to their reputation.
Copyright duration is usually 70 years from the end of the year in which
the author dies.
It is the responsibility of the user / publisher to check that they have
permission, are within the terms of any licence, or are acting within
the fair practice or other permissions granted by law.
Unauthorised copying of a copyright image or photograph or failure to
give credit, are infringements of law and as such can be subject to criminal
sanctions such as a fine or imprisonment or civil sanctions such as claims
for damages, accounts, delivery up or injunctions precluding one's use
of the images.
Protecting your copyright
The ownership of the copyright to your photographs is one of the most important things about being a self employed photographer. By protecting your work and enforcing your rights, and all of it's income potential, you will also help to protect the concept of copyright for all freelancers.
If you own the copyright to your images, you can re-sell them. That is why publishers want to own your copyright. They want to get their hands on the potential earnings of your images. If it's not worth anything, why do they want it?
How do you license images?
Each client should be issued with a license for each use of your photographs. This license should make clear the following:
1) Term: normally single use only, but in some cases (such as on a web-site)
you may want to license use for a period of say, one month, six weeks,
or six months.
2) Media, or where: normally in 'xyz publication.'
3) Territory: normally UK only, but their may be occasions where a client
is willing to pay for 'English Language' 'European' or 'North American'
for example.
4) Quantity: normally the circulation of 'xyz publication' but might also
be '30,000 CD-ROM' or 10,000 posters.
5) Edition: for books. Is this a license for the first edition, or all
and every edition? Example: "This agreement is a license to use the
following photographs in the July 2001 edition of Maxim magazine, UK edition."
Then list the photographs.
How do you protect your images?
1) You own your copyright simply by being the "author" of your
photographs. If your rights are infringed, the only thing you have to
establish is that you are indeed the author of your photographs.
2) Mark every image '© your name, year of creation, Moral Rights
Asserted. This work may not be reproduced without the permission of Photographer,
Contact Details.' e.g: © Solomon Jones 2001. Moral Rights Asserted.
This work may not be reproduced without the permission of Solomon Jones:
tel: 07860 309161
3) Failure to mark your images does not remove your rights, or give anyone
the right to use your pictures without permission.
4) Put in writing that your images are copyright protected. This means
including the above on your delivery note, your invoice, and in the 'file
information' area of electronic images.
It is really that simple, and remember, if you protect that copyright, you will own what amounts to another pension.
In every day use the copyright remains with the photographer, unless specifically signed away.
Digital Images
If you want to protect your images from copyright breaches, unfortunately
there is currently no guaranteed method, short of defacing your image
with a copyright logo.
Watermarks can be undone, disabling "right mouse clicks" can
be circumvented, so never place anything on the World Wide Web that can
be reprinted, unless it is password protected.
Thumbnail images 100pixels high and wide are big enough to view but impossible
to get a usable print from, Previews up to 300 pixels, at 72 dpi may be
printable but to all intents and purposes are useless
Licences to use images are in exchange for a fee, the level of that fee depends on a number of factors, and may be limited in a number of key areas, geographic or time.
You should have written terms and conditions if you are supplying images (or words) commercially to cover copyright issues, and they should always be included with any correspondence. In the event that you receive an attempt at copyright grab, do not ignore it, respond in the same manner stating that you always retain copyright. Several national publications have tried to grab copyright, with a clause added to their account settlements, these are unenforceable unless they are signed and returned.
Your rights to sell the images you have taken should be considered your pension fund, without the copyright your images have little or no value to you (or anyone else should you wish to pass your images on as part of your legacy).
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Tel: 0121 303 4531 Email: business.library@birmingham.gov.uk
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