Copyright is an area of law, that covers all aspects of photography. It means that the right of the copyright owner of the work, that in this case is photography, can authorise or prohibit certain things. It is a collection of rights that the copyright owner can also have that has little control over what the permitted acts are and also depending on the limitations to the copyright. The balance between the authors right and a right to creativity shows how it is a human right. In photography, copyright gives the photographer the rights to control how they use their photograph and also grants the photograph's to be used and available for payment from a client ect, as long as the photographer gives their permission to use the photograph. In the photography industry there are many implications of how copyright is exclusive to its owner. Permission is needed for others copying the photograph, infringement can be put forward if done so. When working with a client, exclusivity from you to them means they would have a more profound right to the images produced for them and would be more privileged for how they would only have access to them. Copyright exists in a photograph as soon as it has been taken by the photographer here in the UK, giving all rights to the photographer from the very beginning.
The copyright act in the UK: Copyright, Designs and Patents Act 1988 actually became effective in 1989, from other amended acts from 1956 and 1911. It looks at the definition of a photograph, still's from films, work generated from a computer and the originality in the photographs. It is interesting to see how much there is to know about copyright and how important it is when in the photographic industry and having a photography business of your own. It also goes into other details that would not normally seem to come straight to mind, such as can a photograph have more than one author. It seems to be possible for a single photograph to have two or more authors, which means two copyright owners, but can lead to complications like who has control over the work.
Employed photographers do not hold the full position of copyright in their work, unless in a contract or agreement stated otherwise, the copyright belongs to the employer. Anyone who is in a contract, tax and national insurance is contributed by their employer tends to mean that it is taken by the employer. A clause should be included in any employment contract, which should state who has right's to the photographs and how they can be used. Freelance photographers should also ensure a contract is brought up and stated they have copyright.
The length of copyright in an image is the length of the photographers life, plus 70 years on top of that and then it will be passed on. However it is a debated issue that has complex areas that need to be discussed when having a photography business. Extended copyright was applied in the 1988 act, which is all works were still in copyright at the end of 1995 plus 50 years for photographers. The revived copyright is also a term that means protections has expired, but is still protected by copyright. Copyright is hugely important in professional practice and many photographers today are freelance or commissioned, and are the copyright owners of their work, but agreements must be made to make sure it is clear about copyright.
