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6 Jun 2003, 08:06 (Ref:622600) | #1 | ||
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Selling Photo's
I think this may have been asked but I couldnt at first look find the thread.
This is purely hypothetical but I thought I ought to know. Are there any related copyright or rights issues if you sell a picture of say a Ferrari F1 or any other of the F1 grid? |
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6 Jun 2003, 11:52 (Ref:622778) | #2 | ||
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The copyright always belongs to the photographer!! No matter what is in the photo.
Some info here: http://www.f1-photos.net/Use_Photos.htm Hope this is of some help. Regards, Steve. |
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6 Jun 2003, 11:56 (Ref:622780) | #3 | ||
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That's really helpful thanks
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6 Jun 2003, 14:52 (Ref:622969) | #4 | ||
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Paul I would check the copyright laws in your own country. They vary from country to counrty.
You may own copyright to the image you shot but you may not own copyright to the likeness of the person or property shown in the image. Again check your country's laws. Also copyright of images shot at an event such as a CART race are co-owned with CART and the person in the image. Meaning that if a team or driver hired a photographer to shot him, CART would co-own the image even though the driver paid for the images to be shot. I know Canada laws regarding copyright go against the photographer. If you selll the images to the media for editorial use then you should not have problems with copyright. I think any problems that may arise from selling images will come from the money involved with such sale. If you are only getting a few coins from the sale then most teams, drivers or series most like don't care. If you are making huge amounts then they may care. For some it may be just a ego thing. I heard a story regarding Dario Franchittii. He was a a karting event which involved some really young children. One child racer about 8 years old had a helmet paint the same as Dairo's since he wqas his faovrite driver. Dario wanted the child to re paint the helmet because he didn't give permission for him to paint it in the first place. Now thats an ego problem! Last edited by MolsonBoy; 6 Jun 2003 at 14:53. |
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6 Jun 2003, 17:31 (Ref:623040) | #5 | |
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I'm sure we've had a similar thread a while back but I can't find it.
In part it depends where you were when you took the pictures. If you were there as a spectator check your ticket or programme, there will be a clause in the terms and conditions that copyright to all photo/video belongs to the circuit. Once you get FIA/F1 involved it gets a little more complicated in that F1 assumes media rights at the event. As MB says, same with CART. In theory the pictures aren't yours to sell, but that said I've never heard of a case of the terms being enforced. In practice editoral or 'fair use' is ok. If the image is used for advertising or in a way detrimental to F1 then that's a different story. |
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6 Jun 2003, 19:47 (Ref:623161) | #6 | ||
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What is Copyright?
Before you go any further you need to know that there is no official register for copyright. It is an unregistered right (unlike patents, registered designs or trade marks). So, there is no official action to take, (no application to make, forms to fill in or fees to pay). Copyright comes into effect immediately, as soon as something that can be protected is created and "fixed" in some way, eg on paper, on film, via sound recording, as an electronic record on the internet, etc. It is a good idea for you to mark your copyright work with the copyright symbol © followed by your name and the date, to warn others against copying it, but it is not legally necessary in the UK. The type of works that copyright protects are: original literary works, e.g. novels, instruction manuals, computer programs, lyrics for songs, articles in newspapers, some types of databases, but not names or titles (see Trade Marks pages); original dramatic works, including works of dance or mime; original musical works; original artistic works, e.g. paintings, engravings, photographs, sculptures, collages, works of architecture, technical drawings, diagrams, maps, logos; published editions of works, i.e. the typographical arrangement of a publication; sound recordings, which may be recordings on any medium, e.g. tape or compact disc, and may be recordings of other copyright works, e.g. musical or literary; films, including videos; and broadcasts and cable programmes. So the above works are protected by copyright, regardless of the medium in which they exist and this includes the internet. You should also note that copyright does not protect ideas. It protects the way the idea is expressed in a piece of work, but it does not protect the idea itself. More about copyright What is protected by copyright? Copyright protects original literary, dramatic, musical and artistic works, published editions of works, sound recordings, films (including videograms) and broadcasts (including cable and satellite broadcasts). Are names protected by copyright? No. There is no copyright in a name, title, slogan or phrase. But these may be eligible for registration as a trade mark. Are ideas protected by copyright? No. Although the work itself may be protected, the idea behind it is not. What about computer programs and material stored in computers? Computer programs are protected on the same basis as literary works. Conversion of a program into or between computer languages and codes corresponds to "adapting" a work and storing any work in a computer amounts to "copying" the work. Also, running a computer program or displaying a work on a VDU will usually involve copying and thus require the consent of the copyright owner. What about databases? Databases may receive copyright protection for the selection and arrangement of the contents. In addition, or instead, database right may exist in a database. This is an automatic right and protects databases against the unauthorised extraction and re-utilisation of the contents of the database. Database right lasts for 15 years from the making but, if published during this time, then the term is 15 years from publication. Does material have to have novelty or aesthetic value to get copyright protection? No, it simply has to be the result of independent intellectual effort. Technical descriptions, catalogues and engineering drawings are all examples of material that qualifies for copyright protection, whatever the subject matter. Can copyright protect industrial articles? No. Copyright may protect the drawing from which an article is made but copyright cannot be used to prevent the manufacture of articles. For information on protection of industrial articles see Designs. Is material on the Internet protected by copyright? Yes. Under UK law (the position in other countries may differ) copyright material sent over the Internet or stored on web servers will generally be protected in the same way as material in other media. So anyone wishing to put copyright material on the Internet, or further distribute or download such material that others have placed on the Internet, should ensure that they have the permission of the owners of rights in the material. Ownership and duration of copyright The general rule is that the author is the first owner of copyright in a literary, dramatic, musical or artistic work. In the case of films, the principal director and the film producer are joint authors and first owners of copyright. The main exception is where a work or film is made in the course of employment, in which case the employer owns the copyright. The copyright in sound recordings, broadcasts and published editions generally belongs to the record producer, broadcaster or publisher. Do I need to register copyright? No. Copyright protection in the UK is automatic and there is no registration system - so there are no forms to fill in and no fees to pay. Can copyright be transferred to someone else? Yes. Copyright is a form of intellectual property and, like physical property, can be bought and sold, inherited or otherwise transferred. A transfer of ownership may cover all or only some of the rights to which a copyright owner is entitled. First or subsequent copyright owners can choose to license others to use their works whilst retaining ownership themselves. But if I own something, doesn`t that make me the copyright owner? No. Copyright exists independently of the medium on which a work is recorded. So if, say, you have bought or inherited a painting, you only own any copyright in it if that also has been transferred to you. How long does UK copyright last? Copyright in a literary, dramatic, musical or artistic work (including a photograph) lasts until 70 years after the death of the author. The duration of copyright in a film is 70 years after the death of the last to survive of the principal director, the authors of the screenplay and dialogue, and the composer of any music specially created for the film. Sound recordings, broadcasts and cable programmes are protected for 50 years, and published editions are protected for 25 years. However, these terms of protection essentially apply only to works originating in the United Kingdom or another state in the European Economic Area. In other cases, the term of protection granted in the United Kingdom is that given by the country of origin of the work, which may be shorter. Is there any protection after copyright expires? If a literary, dramatic, musical or artistic work or film for which the copyright has expired has never been made available to the public, it may be protected by publication right. This is granted automatically to the first person to make a relevant work or film available to the public within the European Economic Area, lasts for 25 years from the time of making available, and gives rights broadly similar to those given by copyright. Using copyright material Copyright is a type of intellectual property and, like physical property, cannot generally be used without the owner`s permission. Of course, the copyright owner may decide not to give permission for use of his or her work. Cont.... |
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6 Jun 2003, 19:48 (Ref:623163) | #7 | ||
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How do I get permission to copy or use copyright material?
Normally by approaching the copyright owner, but there are a number of organisations that act collectively for groups of copyright owners in respect of particular rights and which may offer "blanket" licences to users. Further information is available directly from these organisations. Can I do anything if I think I am being charged too much to use copyright material? If an individual copyright owner has offered to license use of his/her copyright work, you can try and negotiate terms and conditions that are acceptable to you, but the final terms and conditions must be accepted by the copyright owner also. Where copyright owners act collectively to license use of their copyright works, you may, however, be able to seek an independent ruling on the terms and conditions of a licence, including how much you must pay, by applying to the Copyright Tribunal. Although the members of the Tibunal are appointed by ministers and the secretariat of the Tribunal is provided by Copyright Directorate in the Patent Office, the Tribunal makes its decisions independently of Government. For further information about the Copyright Tribunal click here. Do I always need permission to copy or use copyright material? No, there are certain exceptions to the rights given to the copyright owner. For example, limited use of works may be possible for research and private study, criticism or review, reporting current events, judicial proceedings and teaching in schools. But if you are copying large amounts of material and/or making multiple copies then you may still need permission. Also where a copyright exception covers publication of excerpts from a copyright work, it is generally necessary to include an acknowledgement. But if I've bought something, can't I use it however I like? Just buying a copy of a book, CD, video, computer program, etc. does not necessarily give you the right to make further copies (even for private use) or play or show them in public. The right to do these things will generally remain with the copyright owner, whose permission you would need. You should note that photocopying a work, scanning a work to produce an electronic copy and downloading a copy of a work which is in an electronic form (eg. on a CD-ROM or an on-line database) all involve copying the work so that permission to copy is generally needed. But if I have permission, ie. a licence, to use a work, can`t I use it however I like? Not unless the licence you have allows any use of the work. Often a copyright owner will only give permission for some uses of a work, eg. publication of a photograph in a particular newspaper, and, if you want to use the work in any other way, eg by publishing the photograph in a magazine, you will need to seek further permission. Claiming and enforcing copyright Copyright is automatic in the UK and most of the rest of the world. It is essentially a private right so decisions about use of a copyright work and how to enforce copyright are generally for a copyright owner to take for him or herself. Do I have to mark my work to claim copyright? Although a few countries require that a work be marked with the international © mark followed by the name of the copyright owner and year of publication, this is not essential in most countries, including the UK. However, marking in this way may assist in infringement proceedings. How can I prove originality in my work? Ultimately this is a matter for the courts to decide. However, it may help copyright owners to deposit a copy of their work with a bank or solicitor or send a copy of their work to themselves by special delivery (which gives a clear date stamp on the envelope), leaving the envelope unopened on its return; this could establish that the work existed at this time. (Further details of special delivery should be available at Post Offices). What can I do if my work is used without my permission? Although you are not obliged to do so it will usually be sensible, and save time and money, to try to resolve the matter with the party you think has infringed your copyright. If you cannot do this, then you may need to go to court. Before doing so, you should consider obtaining legal advice. Courts may grant a range of remedies, such as injunctions (to stop the other person making use of the material), damages for infringement, or orders to deliver up infringing goods. If infringing copies are being imported from outside the European Economic Area, you may ask HM Customs and Excise to stop them. Isn't infringement of copyright a criminal offence? Deliberate infringement of copyright may be a criminal offence. If the infringement is on a large scale (e.g. pirate or counterfeit copies of CDs are circulating) then it is worth informing the police or your local trading standards department. They can decide whether action by them, including possible prosecution, is justified. Will my material be protected overseas? Usually, but not invariably. The UK is a member of several international conventions in this field, notably the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention (UCC). Copyright material created by UK nationals or residents is protected in each member country of the conventions by the national law of that country. Most countries belong to at least one of the conventions, including all the Western European countries, the USA and Russia. A full list of the conventions and their member countries may be obtained from the Copyright Directorate. Protection overseas can also arise from obligations in the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), which forms part of the World Trade Organisation (WTO) Agreement. What about marking my work and enforcing copyright when I put it on a web site? Generally, when you put your work on a web site, it is probably a good idea to mark each page of the web site with the international © mark followed by the name of the copyright owner and year of publication. In addition, you could include information on your web site about the extent to which you are content for others to use your copyright material without permission. Although material on a web site is protected by copyright in the same way as material in other media, you should bear in mind that web sites are accessible from all over the world and, if material on your web site is used without your permission, you would generally need to take action for copyright infringement where this use occurs. Copyright and the Internet Under UK law (the position in other countries may differ) copyright material sent over the Internet or stored on web servers will generally be protected in the same way as material in other media. So anyone wishing to put copyright material on the Internet, or further distribute or download such material that others have placed on the Internet, should ensure that they have the permission of the owners of rights in the material. Generally, when you put your work on a web site, it is probably a good idea to mark each page of the web site with the international © mark followed by the name of the copyright owner and year of publication. In addition, you could include information on your web site about the extent to which you are content for others to use your copyright material without permission. Although material on a web site is protected by copyright in the same way as material in other media, you should bear in mind that web sites are accessible from all over the world and, if material on your web site is used without your permission, you would generally need to take action for copyright infringement where this use occurs. I think that covers it. Steve |
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9 Jun 2003, 22:18 (Ref:626544) | #8 | ||
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Without reading all of above, not sure if this is mentioned.
If a photographer is employed to take pictures or is commissioned to do so, then copyright is property of the employer/commissioner. So for example a magazine photogrpaher would not be able to sell photos to teams/drivers, it would be the magazine that would sell themas they own them!! I take picture for my day job, & copyright is retained by my employer! Kelvin |
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