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  1. #1
    cliveh's Avatar
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    New Copyright Laws

    I don’t know if this is true, but a colleague told me a couple of days ago that now any photograph you put on a social network site, or sites like Instagram. You then no longer own the copyright, as these may then be used by others for commercial gain, or whatever without your say so. Can anyone confirm or deny this?

    “The contemplation of things as they are, without error or confusion, without substitution or imposture, is in itself a nobler thing than a whole harvest of invention”

    Francis Bacon

  2. #2
    AgX
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    To which country did that colleague refer to?

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    Quote Originally Posted by AgX View Post
    To which country did that colleague refer to?
    Not sure, it may only be the UK.

    “The contemplation of things as they are, without error or confusion, without substitution or imposture, is in itself a nobler thing than a whole harvest of invention”

    Francis Bacon

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    AgX
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    Within the EU there are two classes of photographs: those made with special creativity and those without. The former are specially protected alongside EU rules, the latter are only protected by national laws.

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    I expect s/he is referring to the Enterprise and Regulatory Reform Act

    This is an article about it: http://www.theregister.co.uk/2013/04..._act_landgrab/ (which I found linked on a similar thread at RFF)

    It is not quite as sweeping as your colleague suggested, but it is nevertheless a rather significant potential change to the law of copyright & administration thereof

  6. #6
    cliveh's Avatar
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    Quote Originally Posted by AgX View Post
    Within the EU there are two classes of photographs: those made with special creativity and those without. The former are specially protected alongside EU rules, the latter are only protected by national laws.
    How do you classify special creativity? I would suggest the way you frame and time a shot should fall under this heading.

    “The contemplation of things as they are, without error or confusion, without substitution or imposture, is in itself a nobler thing than a whole harvest of invention”

    Francis Bacon

  7. #7
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    Greed knows no bounds.
    I do use a digital device in my photographic pursuits when necessary.
    When someone rags on me for using film, I use a middle digit, upraised.

  8. #8
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    Quote Originally Posted by cliveh View Post
    I don’t know if this is true, but a colleague told me a couple of days ago that now any photograph you put on a social network site, or sites like Instagram. You then no longer own the copyright, as these may then be used by others for commercial gain, or whatever without your say so. Can anyone confirm or deny this?
    For a definitive answer you would need to look at the terms and conditions of each site in question - Most have a "We reserve the right to use your uploads as we see fit without paying you" type of statement. For many, it mitigates any copyright infringements when distributing content around the world, however, some may use the content for outright profit. Bottom line is read the T&C, and if you don't like it, don't post.

    There is also the issue of others ripping off your image(s) regardless of where they are posted and try to wriggle out of paying royalty fees under the misguide notion that "because they are on the web, they are free" (see this blog for one example of an organisation that should know better).

    Quote Originally Posted by pdeeh View Post
    I expect s/he is referring to the Enterprise and Regulatory Reform Act
    This is an article about it: http://www.theregister.co.uk/2013/04..._act_landgrab/ (which I found linked on a similar thread at RFF)
    i had seen that piece from ElReg - Very disturbing piece of legislation, but then this parliament has introduced some nasty "laws" of late..

  9. #9
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    Copyright is invested in the creator of the work, for the life of the work and 50 years after. Clauses, statements and warnings of the type that Instagram publish are just nonsense (you will also come across these statements in photographic competitions) and any court of law will prove that. There was a stir here in Australia about Instagram's policy. Not surprisingly many people discontinued using Instagram. Reassignment of copyright is a legal process that nets big money for the creator; effectively you are giving your work away for a fee so that somebody else can claim ownership to it and use it as you see fit (Getty Images is unique in that creator copyright remains with the photographer, yet Getty licences the work to produce income; there are a few photographers here in Australia doing very well with Getty). In Australia practicing artists are guided by the National Association for the Visual Arts that examines and dissects any alterations to central copyright laws; to my knowledge, the only trouble we've seen recently is the statements published by Instagram and competition organisers etc that copyright is owned by them once work is entered. It's not. Plain and simple.
    .::Gary Rowan Higgins

    A comfort zone is a wonderful place. But nothing ever grows there.
    —Anon.






  10. #10

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    I think you will find with the online sites, when you post, you don't give up your copyright ownership. HOWEVER, you DO grant them the right to use your images as they see fit without further payment.

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