Attire Accessories - May/Jun 2019 (Issue 76)

70 IMAGE MATTERS Image ownership is a complex minefield. Dids Macdonald explains the rules In a world where the internet is a catalyst for communication, what images can you use? What happens when you commission a photographer to shoot your new designs? Who owns the copyright? Images, artwork and photos are some examples of copyright works and, generally, ownership can cause confusion. Quite simply, copyright is a property right that grants the creator of an original work exclusive rights to decide whether, and under what conditions, original work may be used by others. Usually, those who create copyright works use the © symbol in front of their name and the date to assert their copyright. However, just because there is no © symbol doesn’t mean the copyright is not protected. Below are some of ACID’s frequently asked questions about using photography and images. As a designer of a new fashion range, I have recently commissioned a freelance photographer to take images of my new designs for my new brochure and also our website. As the commissioner of the photography, do I own the copyright in the designs? No. Even though you have paid the photographer, the photographer will be the first owner of the copyright in the photographs of your designs, and you will have to obtain their permission to use them. However, a photographer can include licence terms that explain all the rules you must observe, such as printing further copies, sharing or posting on the internet. Equally, as the commissioner, you may wish to ask the photographer, and they may agree to assign the IP rights. For this, you will need a Copyright Assignment Agreement. One way or another, clarity of ownership is critical. The photographer will also have moral rights associated with the photographs they have taken. This means that you will have to take into consideration not using the images in a manner that could be interpreted as derogatory by the photographer. Do I need permission to take photos of buildings located in public spaces? You do not need permission, as you will own the copyright in any photos that are taken, and you can use them commercially. Care should be taken when photographing posters, pavement artist’s work or advertisements, for example, as this could be an infringement of their copyright. If I see image on the internet and I want to use it for my business, what are the basic rules? The majority of images on the in the internet are most likely protected by copyright. So ascertain first whether the copyright term has expired, usually 70 years plus the life of the creator. If it has, you are free to use them. Otherwise, obtain permission through a licence or a Creative Commons Licence. Also, don’t forget that if you can’t find the owner to ask, these copyright works are called “orphan works” and you can find out more information on this on the intellectual property website: gov.uk/guidance/copyright-orphan-works I am sick of other people using my photos on social media. Can I do anything? It may be laborious, but it is always good to check the website terms and conditions about the use of your images. We live in a world where many of us tick terms and conditions as read and understood. At the end of the day, it is the small print you must rely on to assert your rights. For example, if you ticked a condition that allowed such use, you may have a weaker case when you ask the website operator to remove the photographs. You can think about exposing this infringement of your copyright, but a word of extreme caution, you could breach defamation laws. Always seek the advice of a legal advisor as to how best to approach this. I have seen an image that I want to use on the internet and want to create a new artwork piece using it, can I do this? There are many myths and howlers out there, and you may have taken just a tiny element of an image and then recreated your own work. Beware, the legal test is the interpretation of the term “substantial part” so even using just a relatively small part of a work could be regarded as infringement. Basically, using any part of a copyright work without permission will usually infringe the rights of the creator. Many often say, “I have changed a certain percentage or made a number of