We need your help - LIP are trying to put together a small knowledge bank for members, which we hope will answer many of the commonly asked questions or direct members to source material that will be able to answer them.

To do this we need your help, if you are able to answer or help us find material, for any of the following questions please add it into a post or email me at chairman@londonphotography.org.uk.

The first stage of this is Intellectual Property (IP) Rights:

Intellectual Property [IP] Rights
1] Definitions

a) What is IP?
-----Is an idea IP?
-----Is writing down an idea IP?
-----What is it about my photography that makes it IP?

b) What is Copyright?
-----Is what I’m writing right now copyrighted?
-----Is what I write on my web site copyrighted?
-----Is my scribbling on a notepad in a meeting copyrighted?
-----Is my photograph automatically copyrighted?
-----Is my photography copyrighted the moment I put it on a website?
-----Will a gallery or a magazine protect my copyright?
-----Will a gallery or a magazine take my copyright?

c) What are Related Rights?
------What’s this got to do with photography?

d) What are Design Rights?
-----I’m a photographer not a designer so is this important?
-----When does photography become design?

e) What are Moral Rights?
-----I’m a photographer not a philosopher so is this important?

f) What is a Creative Commons licence?
-----This is about giving away my work, right?
-----Do all those other rights still apply?
-----Am I still the owner if I use a CC licence?
-----Does using a CC licence have the same strength as ordinary



Edited 1 time(s). Last edit at 09/01/2009 02:16PM by acapps LIP.

Hi - as a new member and IP lawyer I thought I'd respond to this one:

Intellectual Property [IP] Rights
1] Definitions

----- a) What is IP?

Intellectual Property isn't a single right. It's a phrase used to describe a range of rights associated with creative effort. The key IP rights are trade marks, patents, copyright and design rights. Each of those rights do different things:

Trade marks - relate to brand names or logos used in association with goods or services; they can be registered. e.g. the word "Nike" or their swoosh logo.

Patents - relate to inventions; you can apply to have a new idea protected by a patent which if granted gives the owner a monopoly over that idea for 20 years. e.g. a specific new method of making a flash. Alternatively you can keep the idea a secret - automatically protecting it as confidential information, giving you the right to decide when you disclose it to the public.

Copyright - relates to material that has been recorded or written down. Copyright automatically arises in any written work, song, picture, photograph and software. The author owns the copyright and can prevent anyone else copying their work without permission. The recording/writing down is important - the ideas themselves don't attract copyright.

Design Right - relates to the shapes of products,e.g. the design of a bottle, or camera case. Can be registered.

-----Is an idea IP?

Not really. It may entitled you to apply for a patent. Alternatively you may be able to keep it secret as confidential information - but that won't help you if someone else has the same idea independently.

-----Is writing down an idea IP?

Yes - the written document is now protected by copyright. But that only stops someone copying what you've written down. They will still be able to carry out the idea without infringing unless you've got a patent covering that idea.

-----What is it about my photography that makes it IP?

Every photograph you take will be automatically protected by copyright. So someone cannot copy it (or a substantial part of it) without your permission.

b) What is Copyright?

See above.

-----Is what I’m writing right now copyrighted?

Yes. The hurdle's very low - it doesn't need to be clever or new or interesting. Just a literary, artistic, dramatic or musical work.

-----Is what I write on my web site copyrighted?

Yes.

-----Is my scribbling on a notepad in a meeting copyrighted?

Yes.

-----Is my photograph automatically copyrighted?

Yes.

-----Is my photography copyrighted the moment I put it on a website?

It was copyrighted the minute it gets printed or saved as a digital file. The negative also has copyright.

-----Will a gallery or a magazine protect my copyright?

They are unlikely to take action if someone else copies your work - that's down to you, unless you can persuade them to help you. Or they've bought the copyright from you (see next question).

-----Will a gallery or a magazine take my copyright?

It depends on the deal you do with them. A magazine cannot print your photo unless you allow them, so they'll need you to give them the right to do so - either by licensing your work to them or by assigning (selling) it to them.

A gallery shouldn't need to take any rights in your photograph - if they want to take copies of your work or use the work for promotion or in a catalogue they'll need to ask you for permission.

c) What are Related Rights?

This is often used as a term alongside copyright and is intended to cover other similar rights like database rights and moral rights. Different countries sometimes call them different things so "copyright and related rights" is just trying to sweep up as much as possible.

------What’s this got to do with photography?

Not a lot - apart from moral rights (see below).

d) What are Design Rights?

See above.

-----I’m a photographer not a designer so is this important?

No.

-----When does photography become design?

It doesn't - copyright protects photos.

e) What are Moral Rights?

Moral rights relate to copyright and arise automatically. They give the authors of literary, dramatic, musical, artistic works and film directors the right:

(i) to be identified as the author of the work or director of the film in certain circumstances, e.g. when copies are issued to the public.

(ii) to object to derogatory treatment of the work or film which amounts to a distortion or mutilation or is otherwise prejudicial to the honour or reputation of the author or director.

The right to be identified cannot be exercised unless it has been asserted, that is, the author or director has indicated their wish to exercise the right by giving notice to this effect - hence the use of copyright notices and saying "all rights reserved".

Moral rights last for as long as copyright lasts in the work although the creator may waive, i.e. choose not to exercise, their moral rights. Unlike copyright they cannot be sold or assigned to another person.

-----I’m a photographer not a philosopher so is this important?

Yes - if you want people to mention your name when they use your photo and/or you don't want people to alter what you've created without your permission. If you sell a photo for commercial use most magazines would often want a waiver of moral rights.

f) What is a Creative Commons licence?

So, you own the copyright in your photos (unless you work for a company and taking them is part of your job) and no one else can copy them unless you give them the right (licence) or you transfer the copyright to them. If you give someone a licence you can specify anything you like - how and where they can use the photo, for how long, whether they need to use your name, pay you etc.

Creative Commons licences are just precedent, standard licences - so instead of writing your own you can pick the creative commons licence that works for you (if any of them do). The common theme for all creative commons licences is that you're not charging for use of your photo but you're limiting the way it is used. Here's a link with more info: [creativecommons.org]

-----This is about giving away my work, right?
-----Do all those other rights still apply?

You still own the copyright, it's about giving others the right to copy your work on certain terms, for free.

-----Am I still the owner if I use a CC licence?

Yes, but you've given away lots of rights - you can't release your work under a creative commons licences and then later object to others using your photos in accordance with that licence.

What can I say Paul, thank you so much for this.

It's such a big help, we hope to build a small knowledge bank for members to help them as much as we can with these sort of questions.

And also welcome to LIP, I hope you enjoy being a member.
Adrian capps