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Contents

Legal implications..................................................................................................................1

Ownership .............................................................................................................................2

Copyrighted images versus copyright free images .............................................................2

Permissions............................................................................................................................3

Can I copy an image that has no copyright information?........................................4

Model releases .............................................................................................................4

Location releases..........................................................................................................4

Intellectual Property Rights (IPR).........................................................................................5

Legal implications

When an artist creates an image, whether it is a photograph, painting, drawing or made on a computer, they are automatically given a level of control over deciding who and what their work is used for.

Artists can control who reproduces, sells and generally gains money from their work.

This prevents exploitation and means that artists can earn money from their images, for example printing and selling them, or having them displayed in art galleries. P6

Understanding the rights we all have for using images can be complicated, as some uses can be legitimate, and other not.

An example of a violation of copyright, would be printing and selling copies of someone’s work, and saying that is it your own. Even just posting an image that you found of Google Images onto your website or blog is a violation, unless the author has sourced where the image is from and whom it belongs to. P6

In order to acknowledge sources, the user must include the owner of the image, and the year that it was published. A lot of authors who include images in their books prefer to reference all the sources at the end, so as not to disrupt the flow of the book. However, some creators prefer their images to be sourced in specific ways, like with their name and website directly underneath the image. P6

If an artist believes that you are violating the copyright of their material, they can take you to court and sue you.

However, this does not mean that you can never legitimately use copyright protected images. Under the Copyright and Patents Act 1988, you can use these images if you complying with the fair use policy. That is, for uses such as educational, news reporting, criticism and parodies. P6

Ultimately, it is up to the owner of the material as to whether or not it was used fairly, so it is best to contact the owner if you are unsure.

Copyright on artistic, literary, theatrical and musical works lasts for 70 after the creator dies. P6

(Service, 2009), (Gunelius), (Class, 2002)

Ownership

Who owns images? With increasing use of social networks and image uploading websites and applications (such as Instagram and Facebook), creating and adding images online is very popular and very easy. But who owns that images as soon as it is shared online?

If you upload your own images on your website or blog, you own it. You have the

rights to allow or decline copying, printing, reposting and selling of that image, but if you add an image to Facebook, Instagram, Twitter, and most other social networks, you instantly lose all the rights of that image, although you technically still own it. This means, these sites can decide what they use your image for, and even make financial gain from them. Usually, sites lose their licence to your images if you delete your account, but that doesn’t mean they are within their rights to hold copies of your images on their servers. P6

(Who Owns Images), (2012 Law Offices of Craig Delsack)

Copyrighted images versus copyright free images

Not all images fall under the copyright laws. There are some websites, such as

‘sxc.hu’ which provide thousands of images of anyone to download for free and use for commercial or personal use. The images are all free of watermarks, and because anyone can upload them, there is a wide range of choice and styles.

Other websites such as ‘’ and ‘’ who have vector and

bitmap images available. P6

Publications with expired copyright are put in the public domain, and free for anyone to use. Any images in the publications are therefore also copyright free.

However, when looking for images to use, there may be ‘Royalty free’ images. This is not the same as Copyright free images, as Royalty free images require a onetime fee, and then the image is free to use under certain conditions. Royalty free images are still protected under the copyright act, but they do not require contact between the

owner and the purchaser once bought. P6

(MorgueFile), (Sherpa)

Permissions

When using an image, you can’t assume that if there isn’t a clear copyright rules listed, that there isn’t any. All images put on the internet are automatically under the copyright law (assuming that the image was not copied itself).

When using images found on the web, you should always seek to find permission from

the owners, and if you are unaware of the original owner, contact the owner of the site it is on.

Many owners of copyright information will allow you to use their property in any way

you need to, but some may ask for payment. For example on websites such as shutterstock, you can purchase a set amount of downloads at once, for example

£149 for a maximum of 750 over 1 month (25 images per day).

[pic]

If you are not willing to pay the amount they are requesting, you must not use it, as you will be breaching the copyright laws.P6

Even when you have agreed the use of the image (with or without payment), it is important to acknowledge the source, and ensure that the image is not assumed as your own. Some authors write the owner of the image under the image itself, others will provide a link of acknowledgements, so as not to disrupt the flow of text.

For example: ‘Image courtesy of J. Reynolds Photography’

By acknowledging images, it allows other people to find the owners and use the images. P6

Can I copy an image that has no copyright information?

No, not being able to find copyright information is not an excuse to copy materials. Many images will have information of organisations such as publishers, agents and libraries that will have information about the source of the image, and can help you contact the authors, or tell you if it is out of copyright (i.e. if the author has died more than 70 years ago). P6

Model releases

Also know as a ‘legal release’, a model release is a document signed by the object of a photograph granting permission to publish or use the image for commercial reasons (such as adverts, brochures, postcards and catalogs)

For example, if a photographer takes a picture for the advert of a new product, any

people present in the image will have to sign a model release stating that they agree for this image to be used commercially. In the case of a minor, a parent or guardian must sign a release form for them.

An example of not needing a model release however, is of a photograph is taken of a

person (even if they are identifiable) in a public or non commercial place. An exception to this however is if the image is being used to sell a product, service or idea, for example, a picture of a celebrity holding a Starbucks cup in a magazine could be seen as advertising the company, and would therefore require a release. P6

As with copyright laws, if an image is being used for reasons such as for education, newspapers or consumer magazines, a release is not required.

A typical model release would ask for the full name and address of the model and photographer, and ask them to sign that they agree for the photo to be used for the reasons stated. This includes adding writing or captions to the image. P6

Location releases

A location release form is a form that necessary when filming or taking photographs in places other than on the street/public spaces, or on your own property. Locations

such as hospitals, cafes and public transport need location releases before they can be filmed/photographed there legally.

A location release form should have the full name of the owner of the location, the names of the people who will be taking photographs/videos at the location, and a signature to prove that they agree to them using the location. P6

(Exeter), (Shutterstock), (Agency, 2014), (Wikipedia, 2014), (Tharp), (4docs)

Intellectual Property Rights (IPR)

Intellectual property rights are the rights given to a person after they create something, giving them rights over the copying, reproducing and selling of it. IPR are split into a number of categories;

Patents are the rights given to an invention (or something that provides a new way of doing something/solving a problem)

Copyright laws are the IPR that apply to authors. This could be for literary or artistic works, such as books, music, film and even computer programs, as well as performers and broadcasters in cases such as musical pieces or theatre. P6

Industrial property is the rights given to an “ornamental or aesthetic aspect of an article”. This could be a specific shape or style of a product, or even the pattern or shades of colours used in the product itself, or the logo. An example of a well-known

design that is protected by Intellectual

property rights is the pyramid shaped PG Tips tea bags, or the font and colour used for the Coca Cola logo. P6

Trademarks are signs added to products/services to distinguish them as separate from similar products. It allows your logo to be recognized as your own. By registering a trademark, you are permitted to add the registered trademark logo -®, and

this warns other people against using the product/service for themselves. P6 Products without trademarks are still protected against people using it without your permission, but with a trademark, it is a lot easier to prove that it is being used unlawfully, and therefore easier to prosecute. P6

You can apply to trademark your product online from around £200, after being

checked to ensure it complies with the regulations, such as being distinct, not being offensive, promoting illegal activities or promoting or describing the product/service.

Once registered, a trademark must be reregistered every 10 years. P6

Geographical indications is the final category of Intellectual property rights, and protects a product that is produced/found only in a specific location, and “possess characteristics that are attributable to the place of origin”. For example, Roquefort cheese from the region of Roquefort in France is protected by Geographical indications, allowing the cheese to be instantly recognisable as a blue cheese from

that area of the world. In order to give a product as GI, the reputation or quality of the

product must be because of the location. P6 For example, Roquefort cheese has it’s unique taste because the sheep’s that are milked for the cheese are fed traditional feed, and the cheese is matured in caves that have been used for that purpose for centuries. P6

Geographical Indicated products are not just agricultural, products that use traditional skills or techniques can also have GI protections, for example a Swiss watch. P6

(2014, 2014), (Office)

Bibliography

2012 Law Offices of Craig Delsack, L. (n.d.). Who Owns Photos and Videos Posted on Facebook, Instagram or Twitter? Retrieved Febuary 17, 2014, from Law offices of Craig Delsack: owns-photos-and-videos-posted-on-facebook-or-twitter/

Class, B. 2. (2002, April 3). Acknowledging . Retrieved Febuary 19, 2014, from

Gunelius, S. (n.d.). Legal Issues Bloggers Must Understand. Retrieved Febuary 17,

2014, from :

Understand.htm

Office, I. P. (n.d.). Benefits of registration. Retrieved April 8, 2014, from Interlectual

Property Office:

Service, C. ©. (2009, November 27). UK copyright law. Retrieved from The UK Copyright Service: t+1988&sourceid=opera&ie=UTF-8&oe=UTF-

8#q=copyright+and+patents+act+1988+fair+use+outlines

Geeta Dayal, T. D. (Performer). (n.d.). Who Owns Images.

Images:

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OCR Technical Level 3 Unit 27 Digital Graphics

LO 4: Be able to create and modify graphical images to meet user requirements

P6: Explain the potential legal implications of using and editing graphical images

|Assessment | |Pass | | |Merit | | |Distinction | |

|Objective | | | | | | | | | |

| |NYP |P |M |D | |General Comments: |

| | | | | | | |

| | | | | | |Good work Pass Achieved 29/4/14 |

| | | | | | | |

| | | | | | |Assessor: L. Morrell [pic] |

|To improve your work you must: |Date Reviewed | |

8 | P a g e F l o r e n c e M o r r i s - D u f f i n 9 4 0 6

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OCR Technical Level 3 Unit 27 Digital Graphics

LO 4: Be able to create and modify graphical images to meet user requirements P6: Explain the potential legal implications of using and editing graphical images

7 | P a g e

F l o r e n c e M o r r i s - D u f f i n

9 4 0 6

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