My galleries are at gailward.photoshelter.com

PHOTOJOURNALIST WINS COPYRIGHT INFRINGEMENT CASE

GREAT NEWS - It has taken photojournalist Daniel Morel almost four years to win his case for copyright infringement against Agence France-Presse and Getty Images. A jury found both had 'wilfully infringed' his copyright by sourcing his images of the 2010 Haiti earthquake from Twitter and then distributing them. Morel was awarded maximum damages of $1.2million. Photographer Jeremy Nicholl followed the case from start to finish - big thanks due his wayRead his full report here

PHOTOGRAPHERS CAREERS + LIVELIHOODS THREATENED BY ERRB

'THE UK GOVERNMENT WANTS TO INTRODUCE A LAW THAT WILL ALLOW ANYONE TO USE YOUR PHOTOGRAPHS' - HOWEVER THEY LIKE, COMMERCIAL OR OTHERWISE.   Photographers careers and livelihooods could be under threat by the UK Government. The ERRB -  UK Enterprise and Regulatory Reform, may breach photographers human right to earn a living, protect their property (photographs) and their copyright. Find out more by following the links posted below.


Report by Swan Turton solicitors - 'Photographer’s damages £5,682 not “a few hundred pounds”  ©Charles Swan and James Wilson  

'In a case which demonstrates the potential pitfalls of using photographs posted on social networking websites (Tumblr in this case), the Patents County Court (PCC) has given a preliminary ruling on what constitutes a reasonable royalty for copyright infringement involving the unauthorised use of a celebrity photograph'. Click to continue reading...

Keep up to date with what's happening with © and collective licensing

To keep up to date with the latest about the ERRB  law and how it is going to affect photographers in terms of orphan rights and extended collective licensing schemes read info provided by the Intellectual Property Office and stop43.org.uk

Click the image below for the latest update on COPYRIGHT and the ERRB

©Jason Brown - www.stop43.org.uk  30.04.2013

UPDATE from January 16th -

Wednesday 16th the ERRB concentrated on Agriculture leaving the amendments that impact on photographers to the last quarter of an hour. The 'Fair Use' amendment has been removed however the Bill will be reviewed again on JANUARY 28th.

The Enterprise and Regulatory Reform Bill gives power to the UK Government to appropriate creative works, change copyright exceptions and take away International Property Rights belonging to creatives. The UK Government will thereby prevent me from earning a living, deprive me of my career, abuse my copyright and breach my Intellectual Property and Human Rights.

What is an orphan work?
An orphan work is described as a creative work, so in my case a photograph, for which there is no immediately evident copyright or embedded metadata. This does not mean, however, that the Intellectual Property Rights of the owner should be ignored. Even if the owner cannot be found, because there is no ©information or the embedded metadata has been removed, it should not mean that the photograph or creative work is freely available for use.  The legislation for Orphan Works proposed in the UK Enterprise and Regulatory Reform Bill will allow use of creative works, such as photographs, for cultural or commercial purposes, where the owner is unknown or cannot be contacted. My interpretation is that this bill gives  'carte blanche' to exploit creative works. THIS IS A FUNDAMENTAL BREACH OF HUMAN RIGHTS LAW, COPYRIGHT AND INTERNATIONAL COPYRIGHT.  AS A PHOTOGRAPHER I STRONGLY OPPOSE THE USE OF ORPHAN WORKS AND THE PRINCIPLES PROPOSED IN THIS BILL.





If you don't know, or choose to ignore, the owner of a photograph then that photograph will be known as an 'orphan work'.  There will be SERIOUS consequences not only for the liveilhood of photographers and creatives, but for Child Protection and the use of photographs featuring children. You might think this will only impact professional photographers and organisations but you are wrong - it will  impact what could happen to personal or family photographs. This  example of what could happen to you and how your photograph could be used without permission or in the wrong context is what will happen if the UK Enteprise and Regulatory Reform Bill is allowed to go through in it's current form.

The UK Government is jeopardising the careers, and future careers of not just photographers, but all creatives.


If you download a photograph, use it and are caught, you could be the recipient of a legal letter resulting in a hefty fee payable to the photographer or creator. Saying that it is an 'orphan work' will not be a justified reason for using it.