Photography Copyright : How to Navigate Unauthorised Usage in the UK
Photography Copyright Theft. It’s a constant worry for any image maker working in the commercial sector and I don’t think I’m being unrealistic when I say “We’ve all been there.” You’ve spent hours orchestrating the perfect photo shoot, tinkering with exposure and shadows in post-production, and then, lo and behold…
You’re casually searching the web and find your work is splashed across a website or social media platforms without so much as a ‘May I have permission to use this or a few pieces of loose change thrown your way.
To put things into perspective, The issue of copyrighted photo theft in the digital era is a growing concern for both professional and amateur photographers.
According to data gathered by Copytrack, a company specialising in copyright enforcement, around 2.5 billion pictures are unlawfully used on the internet each year.
This staggering statistic highlights the urgent need for photographers to take robust measures to protect their creative assets. Given the extensive scope of this problem, the importance of educating photographers on how to secure their intellectual property has never been greater.
Understanding Photography Copyright: A Very British Affair 🇬🇧
Before you march down to your local pub and drown your sorrows or make a beeline for the Teabags, it’s essential to know where you stand legally. Here in the UK, the moment you capture a scene through your lens, you own the copyright. It’s all laid out under the Copyright, Designs and Patents Act 1988.
This is a foundational legal framework in the United Kingdom that serves to protect the intellectual property rights of creators, including photographers. One of the key elements of this Act is that the person who takes the photograph is automatically considered the copyright owner, unless there is an explicit agreement or employment contract that states otherwise.
This ownership grants photographers exclusive rights to reproduce, distribute, and display their work. They also have the right to license or sell these exclusive rights to others.
Infringement occurs when someone uses the photograph without permission in a way that violates these exclusive rights. Importantly, the Act also allows for “moral rights,” which means that photographers have the right to be credited for their work and to object to derogatory treatment of their work that could be harmful to their reputation.
Therefore, this legislation provides a comprehensive framework for photographers to safeguard their Photography Copyright and pursue legal action against unauthorised use.
What to Do When Your Photography Copyright is Breached in the UK
Don’t download this image of Noel Gallagher. It may get you into trouble. It’s owned by Lee Blanchflower ©Copyright Lee Blanchflower Blanc Creative 2023
Discovering that your content has been used without permission on a social media platform, website, or in a publication can be a gut-wrenching experience. In the United Kingdom, you have specific legal avenues to address issues of photography copyright thanks to the Copyright, Designs and Patents Act of 1988. Here are some steps you can follow to assert your rights:
Gather Evidence: The first step is to document the infringement. Take screenshots that clearly show the unauthorized use of your photo, making sure to include any timestamps, URLs, or user handles. This will evidence the breach of the Photography Copyright.
Reach Out: Contact the individual or organisation that has used your image without permission. Often, a cease and desist letter, either written by you or a legal representative, can resolve the issue quickly.
DMCA Takedown: If the infringement occurs online, you can issue a DMCA (Digital Millennium Copyright Act) takedown notice, even though the DMCA is U.S. law. Most international platforms comply with these notice.
Legal Advice: Consult with a legal professional who specializes in intellectual property rights. They can guide you through the complexities of the legal landscape and advise you on whether to proceed with a formal legal case
Report to Platform: If the infringement occurs on a social media platform, use the platform’s internal photography copyright reporting system to flag copyright infringement. Many platforms have streamlined methods for filing these kinds of complaints.
Legal Action: If all else fails and the infringing party refuses to cooperate, you may need to take formal legal action. This could mean filing a case in a court that has jurisdiction over copyright issues
Claim Damages: Once you win the case, you may be entitled to financial damages, which can include not only the profits made from the unauthorized use but also potential damages to your reputation or brand.
Remember. Protecting your intellectual property is your right, and you shouldn’t hesitate to take steps to enforce images that carry your Photography Copyright. Being well-informed and proactive can go a long way in helping you navigate through the unfortunate circumstance of copyright infringement.
The Gentle Art of Compromise
If the Photography Copyright incident is with a client and the response is less than favourable or outright nonexistent, it’s time to flex your negotiation skills. How about proposing a retroactive licensing fee, or asking for a public acknowledgement of your work
You might even consider offering them a discounted rate for future engagements if they settle your current claim promptly.
Document everything. Whether you’re dealing with a local start-up or a multinational conglomerate, a well-kept paper trail could prove invaluable later on.
When the Gloves Come Off: Seeking Legal Counsel
If your Photography Copyright resolution remains elusive and you find yourself at your wit’s end, it might be time to seek professional advice. Engaging a solicitor who specialises in intellectual property law can be a godsend. They can walk you through your options, from drafting a formal demand letter to taking the matter to court.
Yes, legal routes can be both costly and time-consuming, but sometimes they’re your best—or only—option to protect your livelihood. Your craft deserves that level of respect and protection.
So there we have it, my fellow UK snappers. A practical guide to dealing with the uncomfortable yet increasingly common issue of unauthorised image usage. Now, why not head out and capture more of our beautiful isles, secure in the knowledge that your artistic integrity is well-guarded?
If you wish to copyright your photography or simply want to know more about Copyright, Designs and Patents Act of 1988, then Click Here to be re-directed to the Government website where you will find all the information you will need.
Photography Copyright Protection Resources
If you’re looking for some impartial advices on photography copyright lows, the DACS site is a great place to start. Founded over 30 years ago, DACS is a flagship organisation that campaigns for artists’ rights, championing their sustained and vital contribution to the creative economy.
DACS collected and distribute royalties to visual artists and their estates through Payback, Artist’s Resale Rights and Copyright Licensing. In 2021, they paid £17.2 million in royalties to 79,000 artists and estates.
We hope that you’ve enjoyed reading our insight into Photography Copyright. If you like what you’ve red, you may be interested in our “UK Photography – Know the Law” article, which highlights your rights as a photographer operating in public spaces across the UK.
Blanc Creative – About Us
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