THE USUAL COPYRIGHT QUESTION

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mikeaspinall
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THE USUAL COPYRIGHT QUESTION

Post by mikeaspinall »

As some members might be aware I photographed a Wedding recently and although there are no problems with anyone I am wondering
who has the copyright. Me or the people who paid me?
When I was working on the images I put three or four on Facebook and was recently asked by an ADAPS member to put more on. Didn't want
to go ahead with putting a bunch of photographs on the site so asked if they would let me do it (polite at least). They prefer me not to, so
it won't happen but now am wondering what would happen if they made a complaint if I had done.
Do I have the (legal) right to do as I please or having been paid do they now own copyright.
An answer might be of interest to other members of he club.

Cheers

Michael
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Paul Jones
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Re: THE USUAL COPYRIGHT QUESTION

Post by Paul Jones »

It’s a fairly common misconception that it’s the person who commissions the photographer who owns the copyright in the images. This is not the case, as was made clear by the Copyright, Designs and Patents Act 1988. http://www.legislation.gov.uk/ukpga/1988/48/contents

In UK Law The owner of the copyright in the photograph is the photographer. That's YOU, Mike.

Exception:

Where a photograph is taken by an employee in the course of employment, the first owner of the copyright is the employer, unless there is an agreement to the contrary. (For example if you are employed by Max Spielmann as an employee to take photographs).

NOTE - being hired as a wedding photographer does NOT class you as their employee.

Unless your contract / agreement with the married couple is that you will licence, sell, assign or give away copyright to them as part of the wedding package the copyright will remain with you.

More info - http://info.photoassist.co.uk/an-introd ... licensing/

So, legally, you can post YOUR images and use them for your own purposes, with no cause for complaint. Hence how wedding photographers post examples of their work on their websites and social media.

Of course, it's up to you how much you take their wishes into consideration, and you may want to ask yourself is it worth upsetting them for the sake of a few Facebook 'likes'?
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Re: THE USUAL COPYRIGHT QUESTION

Post by Paul Jones »

PS... 'Photographer's rights' on the ADAPS website Links page.

http://www.adaps.org.uk/links.htm
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mikeaspinall
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Re: THE USUAL COPYRIGHT QUESTION

Post by mikeaspinall »

Many thanks Paul.

As usual you are the man to consult in these matters. I expected that this was the case but to have it confirmed is
very helpful and might be needed for somebody else in the club in future.

Of course there is no way that I would want to purposely upset the Bride and Groom (or anybody else for that matter) so
I will not be putting the pictures on Facebook.

Thanks again.
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Re: THE USUAL COPYRIGHT QUESTION

Post by PhilipHowe »

People do get Morally and Legally mixed up.
You wouldn't want to upset them, so, I think of clients as 'Moral' owners of my work, ie i wouldn't do anything morally wrong to them.
That said, you legally own, unless you gave them that right. Of course, morally, you can do whatever you want.

I think Paul has capped it off.
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