1.1 Identify key aspects of current legislation on contracts, copyright, intellectual property and rights and permissions relating to photo imaging
Copyright covers creative works of expression fixed into a tangible medium of expression.
Trademark covers business names, slogans and other items used to identify it in the marketplace.
Patent covers ideas and inventions.
Legislation on contracts relating to photo imaging
Contracts have become a main part of using images and models.
A written agreement is often preferred over a oral agreement.
This is because it a form of written proof, which can be used in case you are taken to court.
An example of this is in Modelling where contracts are signed by parents if they have a child model.
The age of consent is 18, so a model under 18, would need their parents’ permission on a signed contract to
have their picture taken.
Legislation on copyright relating to photo imaging
Copyright most images and photos are likely to be protected by copyright.
This means that a user will usually need the permission of the copyright owner(s) if they want to copy the image or share it on the internet.
References to “images” in this Copyright Notice include:
· digital photos taken on mobile phones and digital cameras.
· images that were first generated on photographic film and any digital images created from them.
· images such as diagrams and illustrations
Legislation on intellectual property relating to photo imaging
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. In short, it is intangible property that is the result of creativity, such as patents, copyrights.
Legislation on rights and permissions relating to photo imaging
With all copyright work you should obtain permission from the copyright owner first before you use the image. Copyright © is the predominant current legislation surrounding contracts and rights and permissions relating to photo imagery.
Copyright lasts 70 years from the end of the calendar year in which the last remaining author dies however the copyright image may be transferred or sold by the owner/owners at any time. Without permission from the owner, it is an offence to copy the work, rent, lend of issues copies to the public, show the work in public or adapt the work.
The person who creates an image (“the creator”), such as somebody who takes a photo, will generally be the owner of the original copyright. However, if it was created as part of the creator’s job, the employer will generally own the copyright.
A creator can license the work directly themselves. They can also “assign” (transfer) the copyright to another person or allow that other person to license the work on their behalf. Licensing is giving another person or organisation permission to use a work such as an image, often in return for payment and/or on certain conditions.
1.2 Identify key aspects of laws relating to the photography of people, property and protected subjects
Sensitive buildings such as government property or military bases can prohibit photography if it is deemed as a threat to national security. Members of the public can shoot private property, providing they are stood on public land and are not trespassing. For example, if a private property can be viewed from a public footpath adjacent to it, then the photographer is able to take a photograph of the property from the footpath.
Copyright law protects a wide range of different types of material. Examples of copyright works that are routinely reproduced in photographs are:
1. Literary works (such as books, newspapers, catalogs, magazines);
2. Artistic works (such as cartoons, paintings, sculptures, statues, architectural works, computer and laser artwork)
3. Photographic works (such as photos, engravings, posters);
4. Maps, globes, charts, diagrams and technical drawings;
5. Advertisements, commercial prints, billboards and labels;
6. Motion pictures (such as films, documentaries, television advertisements);
7. Dramatic works (such as dance, plays, mime); and
8. Works of applied art (such as artistic jewelry, wallpaper, carpets, toys and fabrics).
Taking photos of buildings Architectural works are protected by copyright to some degree, but in most countries you may photograph a building, if the building is located in a public place or is visible from a public place.
You may also publish and distribute the photo without permission.
Taking photos of copyright works in public places In some countries, you don’t need permission to photograph certain artistic works that are permanently displayed in a public place (for example, in a park or on the street).
You can also publish and commercialize the photograph without infringing copyright.
However, this exception applies only to certain types of works: usually, only to three-dimensional works, such as sculptures and craft.
So, you may still need prior permission to take a photo of a painting or a mural in a public place;
If the work is displayed in public: to photograph a sculpture in a private house, a permission will usually be required;
If the work is displayed in public permanently: if you want to photograph a sculpture which is only temporarily sited in a public place, you would usually need permission.
In the UK, there isn’t any general privacy laws preventing the public from taking photographs of other people – providing they are in a public place.
However, the European Convention of Human Rights gives everyone the right to respect for their private life. The same laws apply for children however parental advisory must be sought first.
1.3 Identify key aspects of laws relating to trademarks, logos, money stamps and other
copyright material.
1.4 Identify how laws relating to photo imaging can differ in other countries/territories.
1.5 Identify aspects of codes of ethics/conduct relevant to own work
1.6 Identify sources of information to update own knowledge of legislative requirements
1.7 Identify potential moral issues and dilemmas relating to professional practice in photo
imaging.
2. Understand legislation relating to own photographic work
2.1 Identify all necessary permissions, indemnities and insurances before commencing
photographic work
2.2 Identify procedures for assigning copyright in own work
2.3 Explain the importance of licences and terms of use for own work
2.4 Ensure that copyright is embedded in image files
2.5 Identify procedures to monitor usage of own/organisation’s images
2.6 Identify appropriate action to take when rights are infringed
3. Understand legislation relating to the use of intellectual property
3.1 Explain how and where images can be used without permission
Public domain images are defined as images for which the copyright has expired or never existed in the first place. They are free to be used by almost anyone for personal and commercial purposes
Creative Commons is a non profit organization that enables the sharing and use of creativity and knowledge through free legal tools. http://creativecommons.org/about
Copyright licenses provide a simple, standardized way to give the public permission to share and use your creative work — on conditions of your choice. CC licenses let you easily change your copyright terms from the default of “all rights reserved” to “some rights reserved.”
Copyright Exemptions is the exclusive right of the author to use, adapt and distribute his or her photo. Only the author is entitled to use his photo and to grant to others the permission to use his photo. Without the photographer’s permission, you are not entitled to use the photo. If your face was to be used, you would need a 'Model Release' form or if it was your property, it would need to be a 'Property Release' form. Permission must be given by the owner to use such images.
In terms of use of images and content in Education, the law permits minor acts of copying for teaching purposes, as long as the use is considered fair and reasonable. So, teachers will be able to do things like displaying webpages or quotes on interactive whiteboards, without having to seek additional permissions.
In terms of news reporting or photography, a photograph is considered an 'artistic work' under the Copyright Act and it is subject to copyright protection.
Normally if someone wants to reproduce a photograph that they did not take, the person is required to get permission (or obtain a licence) to use the photograph before doing so.
The copyright owner may insist on the payment of a fee before providing permission.
3.2 Negotiate terms and conditions of usage with the client/supplier
3.3 Ensure that the intended usage of the images does not breach relevant legislation
3.4 Identify appropriate action to resolve infringements of copyright
4 Understand how to maintain accurate records
4.1 Identify procedures for recording picture number, caption and credit in image files
4.2 Explain the importance of confirming licence agreements in writing
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