The next time somebody asks you "So what's the big deal about Copyright?", you might consider this. Copyright is the legal mechanism which grants and confirms a creator's control of their work. It is at the very basis of modern society's cultural and information industries. Copyright ensures the economic viability of continued creation, manufacture, production and distribution of these works to the general public. In other words, if you're a photographic genius but you can't make a living you will be forced to do something else.
New technologies are daily making it even more important that you as a photographer retain control over your work. Reproduction and storage technologies currently available are such that in many instances a copy is virtually indistinguishable from the original. It is entirely possible for me to scan an image of a sunset which YOU created and add it in as background to a product shot that I took on white seamless. If you don't spot the photo in reproduction the odds are that you'll never see a nickel for that use of your photo.
In Canada Copyright falls under federal legislation. As most of you know, the current legislation basically says that the person who "commissions" a photograph will hold Copyright unless there is an agreement to the contrary. Quite simply this means that you should be specifying the rights you are selling in a written contract. Your invoice should restate the rights sold, so that you can prove in court that your client didn't buy all worldwide rights to your photo for $50.00.
In future articles we will deal with the mechanics of a number of situations. For this first issue of Studio Probe however, I'd like to bring you up to speed on a couple of things which affect you as a photographer.
When Canada's Copyright Law was revised by Bill C-60 in 1987, the Government stated that the Act was the first phase of a two step revision of Copyright Law. While Bill C-60 did confirm moral and exhibition rights it did NOT actually change anything with regard to the actual ownership of Copyright in a photograph. The second phase of Copyright revision is to cover these issues. Because the second phase has not yet been introduced, photographers still have the opportunity to influence the government on what the next Bill will contain. YOU should be writing and phoning your Member of Parliament regularly to let him know you care about Copyright.
The Canadian Association of Photographers and Illustrators in Communications (CAPIC) has recently made a number of proposals to the Government. These proposals included the following issues.
CAPIC recommended that "First Copyright must and can only vest in the Author or Creator of a work." No one would seriously argue that Copyright (if it had existed) in the Mona Lisa would go to the Giaconde family. We know that Da Vinci was the artist and we don't really care whether the "commissioner" chose the dress, the background or the expression. Da Vinci was the creator and any reasonable person would say he gets Copyright.
Think about this. You are in the same business as Da Vinci. You get hired to make art for money. It isn't a question of whether you're as good as Da Vinci. The issue is simply who should hold Copyright. Keep this in mind the next time you're negotiating with a client.
CAPIC also recommended that "Fixed Statutory damages should be established for both willful and innocent Copyright infringement. Without limiting the ability of the litigant to sue for a greater amount, these amounts should be substantial enough to represent a true deterrent to unauthorised use."
This sounds complicated, but what it means is simple. Under today's law, if someone infringes your Copyright, first you have to catch him. Next you have to prove to a court that what they are looking at is infringement. Lastly you must prove that you have suffered financial loss. The CAPIC proposal would mean that if you proved Copyright infringement, there would be a set penalty that would be due to you without any further action on your part.
The last major CAPIC recommendation wat is at the very basis of modern society's cultural and information industries. Copyright ensures the economic viability of continued creation, manufacture, production and distribution of these works to the general public. In other words, if you're a photographic genius but you can't make a living you will be forced to do something else.
New technologies are daily making it even more important that you as a photographer retain control over your work. Reproduction and storage technologies currently available are such that in many instances a copy is virtually indistinguishable from the original. It is entirely possible for me to scan an image of a sunset which YOU created and add it in as background to a product shot that I took on white seamless. If you don't spot the photo in reproduction the odds are that you'll never see a nickel for that use of your photo.
In Canada Copyright falls under federal legislation. As most of you know, the current legislation basically says that the person who "commissions" a photograph will hold Copyright unless there is an agreement to the contrary. Quite sim you do weddings or portraits. In the commercial world equipment available today will let me scan your print, cut out a section, change the colours, stretch out the backgound and strip my own image in on top. Would that make me an artist or a thief? The equipment cost is falling rapidly and we're only a few years away from availability to almost any small business. Do you really want your image used by anybody with access to a good copy and a scanner?
Call your MP. Tell people you meet. State your rights to your clients and prospective clients with confidence and sincerity. No one can fault you for approaching your work with professionalism and dignity.
One last thought....You know your client has people on staff to ensure that he doesn't pay too much for your work. Maybe you don't have to worry quite so hard about reducing the fees he pays.