COPYRIGHT LAW - WHAT IS IT

IT DOESN'T MATTER WHERE YOU PUBLISH YOUR WORK, YOU STILL OWN IT

SOME PHOTOGRAPHERS FEAR PEOPLE STEALING

THEIR WORK

WORK POSTED OR USED BY OTHERS WITHOUT CREDIT IS FRUSTRATING AND IS THEFT

THE COPYRIGHT ACT

THE PERSON WHO CREATES THE IMAGE I.E. THE PHOTOGRAPHER IS

THE OWNER OF THE ORIGINAL COPYRIGHT

HOWEVER!

IF THE PHOTO WAS TAKEN AS PART OF YOUR JOB, YOUR

EMPLOYER OWNS THE COPYRIGHT.

ONCE CONTENT IS PUBLISHED ONLINE, YOU ARE COVERED BY COPYRIGHT LAW.

HOWEVER PEOPLE CAN STILL LEGALLY USE YOUR CONTENT UNDER THE “FAIR

USE” CLAUSE.

MOREL VS

AFP & GETTY IMAGES

PHOTOJOURNALIST DANIEL MOREL TOOK OUT A LAWSUIT

AGAINST AGENCE FRANCE PRESSE (AFP) AND GETTY IMAGES.

THE TWO MEDIA GIANTS VIOLATED THE COPYRIGHT ACT WILFULLY STEALING 8

OF MOREL’S IMAGES TAKEN DURING THE HAITIAN EARTHQUAKE.

AFT & GETTY IMAGES THEN LICENSED THE IMAGES

UNDER THEIR OWN ACCORD.

AFTER A 3 AND A HALF YEAR BATTLE, THE JURY AWARDED

$1.2 MILLION TO DANIEL MOREL.

DESPITE WINNING THE LAWSUIT, MOREL STATED THAT MEDIA

OUTLETS STILL USE THE IMAGES ON T-SHIRTS AND COFFEE CUPS.

‘IGNORANT PEOPLE STEAL FROM THE

INTERNET BECAUSE THEY ASSUME IT IS FREE

BECAUSE IT IS SO EASY TO DO, PEOPLE SEE

IT, THEY GRAB IT. IT’S NO DIFFERENT FROM

STEALING MUSIC FROM THE RADIO.’

- DANIEL MOREL

SHOULD I FIGHT BACK?

1. CAN IT HELP MY BRAND EXPOSURE?

2. DOES THE COPYCAT HAVE ANY RELATIONSHIP WITH ME?

3. WILL I GAIN TRAFFIC FROM THE COPYCAT?

AS LONG AS THESE 3 QUESTIONS ARE ANSWERED ‘NO’, YOU CAN

TAKE LEGAL ACTION:

HOW CAN I PROTECT MY CONTENT?

ONE WAY TO PROTECT YOUR CONTENT BY LICENSING IT SO YOU ARE RIGHTFULLY PAID ROYALTIES

FOR YOUR STUFF

THERE ARE MANY SITES THAT ALLOW YOU TO LICENSE YOUR IMAGES.

HOWEVER, THE RATE THAT YOU GET PAID CAN VARY FROM SITE TO SITE

FOR EXAMPLE, SOME SITES ONLY OFFER 15%OF THE ROYALTIES BACK

TO THE ACTUAL CONTRIBUTORS SO ALWAYS OUTWEIGH WHICH

SITE IS RIGHT FOR YOUR CONTENT.