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MarioLubbe.COM
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| Please use the link(s) provided in the e-mail you received from me to obtain direct access to content. |
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| How copyright protects your work: gov.uk |
| The Copyright, Designs and Patents Act 1988: legislation.gov.uk |
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Frequently asked questions about copyright:
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Q: Who owns copyright in an image? |
A: The person who creates an image (“the creator”), such as somebody who takes a photo, will generally be the owner of the original copyright.
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Q: What if I do not know who the copyright owner is? |
A: Copyright does not disappear simply because the owner cannot be found. In a work where the copyright owner is not known or cannot be located, permission to use the work cannot be obtained. These are known as orphan works, and under the current law these cannot be copied. A forthcoming change in the law will allow people to buy licences to use these works in some circumstances. Even if there is no evidence of an owner, any unauthorised use of the photo without permission would be an infringement of copyright.
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Q: What if there is no © (copyright) symbol, year or name with the image? |
A: The copyright symbol does not have to be present for copyright to exist, so just because there is no name or copyright symbol associated with a photo or image does not mean the copyright has expired. Sometimes uploading and downloading of digital images causes the associated metadata (which can give details of the copyright owner) to be removed accidentally. Deliberate removal of metadata that identifies the copyright owner may be unlawful.
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Q: What are the consequences of copyright infringement? |
| A: When someone infringes copyright, there are various courses of action which could be taken by the individual or organisation which owns the copyright. The user of the image may be asked to purchase a licence, and a commercial arrangement might be reached after which no further action is taken. However, legal action might be taken by bringing a claim in court which could result in having to go to court for a hearing. Court cases can be expensive, as they may result in the user of the image paying the cost to use the photo, legal costs of themselves and the copyright owner and possibly other financial compensation for copyright infringement. This could amount to more than the cost of a licence to use the image. Further, the user of the infringing copy could also be asked to take down the image from websites as well, for example. Deliberate infringement of copyright on a commercial scale may also lead to a criminal prosecution. Even in situations where people may think their copyright infringement will not be detected, they run the risk of being discovered and consequently being pursued through the courts. |
