Copyright who owns what?

Copyright is often misunderstood. Many people confuse copyright with the right to take a photograph or once taken the right to use it. While copyright can have an impact on both,these rights are often controlled by other laws not copyright.

Understanding copyright and how it affects your business is an essential part of advertising and promotion. As we move more and more into a society that seeks legal solutions to its problems ensuring a few simple guide lines are followed at the beginning of a project can save endless hours and expense in resolving a dispute.

In 1998 Australia changed its copyright laws to match those of the majority of developed counties around the world. Accordingly copyright of any photograph taken for commercial purposes belongs to the photographer.

How long does copyright last?

For photographs still "in copyright" at 1/1/2005 and any photograph taken after that date copyright last for 70 years after the Photographer dies. I see this as a real incentive to use the oldest photographer you can find.

Prior to that date copyright only lasted 50 years after the date of first publication.
There are some exceptions to the above with private or domestic photographs (Weddings/ portraits) the copyright belongs to the client as do photographs commissioned by State and Federal governments.

What does all this mean for you as some one who commissions photographs?

Good business practice would dictate that you have a written agreement with any photographer before any photograph is taken. The most common way to transfer use of the image to the client is by a usage license a simply agreement that allows the clients to use the images as they require. In the absence of any written agreement the copyright owner can apply restrictions and additional fees as you continue to use the images over time.

All of the above has nothing to do with the right to photograph people or property that is a separate issue and should not be confused with copyright. I will give details of that in the next newsletter.