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WHAT IS COPYRIGHT AND
HOW DOES IT AFFECT YOU?
British Institute of Professional
Photography
FOX TALBOT HOUSE
Amwell End,
Ware,
Hertfordshire.
Chief Executive
A. M.
Berkeley, LLB (Hons)
BREACHES OF COPYRIGHT
Whilst I appreciate that it is probably unreasonable to expect
everyone in business to know everything about all of the numerous laws which
apply in business, it is not unreasonable to expect people to be aware of the
various laws which apply in their own particular fields of activity.
Furthermore, you are probably familiar with the adage that ignorance of the law
is no defence.
I am taking the liberty, therefore, of writing this open
letter to alert you to the provisions of the Copyright, Designs and Patents Act
1988, which provides (amongst other things) that a photograph is an artistic
work protected by copyright, and that the owner of the copyright is the
photographer, not his client.
Anyone, whether an individual or a business,
who reproduces a photograph in breach of that copyright is liable to be sued
for damages. Further, many breaches of copyright are criminal offences too, punishable, by imprisonment,
or a fine, or both.
Please respect the photographer's right to earn a living from
his art, and please, for your own benefit as much as the photographer's, refuse
to reproduce any photography whatsoever without the clear authority of the
photographer. Members of this Institute will be
advised. to take whatever legal steps
may be
necessary to protect their lawful rights.
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