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Copyright
The Copyright issue is indeed one of the most sensitive and potentially disruptive issues facing professional photographers. The law is there for all to obey but it isn't. The law is subject to interpretation and in many cases there is no black and white only grey areas.
A new Copyright Law pertaining to photography became law in Australia in 1998. That law says in essence that in the absence of any written agreement the copyright of a photograph belongs to the photographer. The exceptions are Weddings and Portraits where the copyright belongs to the client!
Some key points to consider are:
- Make it crystal clear to the client from the outset who owns copyright.
- Emphasise that copying your photographs IS breaking the law.
- Place copyright stickers and warnings on prints, forms and obvious places.
- Copyright on your photograph expires 50 years after first publication.
- Ensure you understand very clearly about usage rights and buyouts.
- Avoid copying other people's work – photographs, music, and documentation.
Make extra notes about these:
- Client buys exclusive rights:
- Client buys non-exclusive rights:
- Total buyout:
USee Appendix 2 ‘Who Owns Copyright?' U(1p)
USee Appendix 3 ‘Copyright and Commercial Photography'U (2P)
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