Copyright

Through a Looking Glass Copyright

TALG – Through A Looking Glass

Private Portrait Clients:
Copyright of image remains the property of TALG.
I am working in a freelance capacity.
TALG will allow use across personal social media. Ie facebook, Instagram, twitter.
Any print reproductions will be done by TALG. This is to ensure quality and consistency of printed images. Plus the amount, so they can not be redistributed.
You are not permitted to sell any images to a 3rd party for any other public or private use.
TALG asks you credit where possible with:
Janine Smith, Through A Looking Glass, throughalookingglass.co.uk

Trade Clients:
Copyright of image remains the property of TALG.
I am working in a freelance capacity.
TALG will allow the use of images across company social media. Ie facebook, Instagram, twitter.
TALG will allow the use of images on company website.
You are not permitted to resell any image to any party.
If you want to use images for adverts/editorials/ printed material, please get in touch to discuss licences & fees.
TALG asks you credit where possible with:
Janine Smith, Through A Looking Glass, throughalookingglass.co.uk

Commercial/Magazine Clients:
Copyright of image remains the property of TALG.
TALG will discuss with the client the use of limited licences: each extra use licensed attracts an extra fee;
TALG asks you credit where possible with:
Janine Smith, Through A Looking Glass, throughalookingglass.co.uk

Copyright in images and photographs
The basics

Photographs, illustrations and other images will generally be protected by copyright as artistic works. This means that a user will usually need the permission of the copyright owner(s) if they want to perform certain acts, such as copying the image or sharing it on the internet

References to “images” in this Copyright Notice include:

  • digital photos taken on mobile phones and digital cameras; 
  • images that were first generated on photographic film and any digital images created from them;
  • and images such as diagrams and illustrations.

Please note that some of the issues raised in this Copyright Notice will only apply to photos.

Who owns the copyright in an image?

The person who creates an image (“the creator”) will generally be the first owner of the copyright. However, there are various situations in which this is not necessarily the case. For photos, it may depend on when the photo was taken, as different rules may apply if the photograph was taken before 1989. Creators also have what are known as moral rights (see example below on stopping the use of an image if you disapprove). If an image was created as part of the creator’s employment, rather than by a freelance creator, the employer will generally own the copyright. It is also possible that, in instances where a person has arranged equipment and made artistic decisions prior to taking a photo, but wasn’t the one to press the trigger, the person making the arrangements could own the copyright. An example of this could be where a photographer has made the creative choices in setting up a shot, but got an assistant to actually press the trigger.

Is permission always required to copy or use an image?
Sometimes permission is not required from the copyright holder to copy an image, such as if the copyright has expired. Permission is also not required if the image is used for specific acts permitted by law (“permitted acts”, or sometimes referred to as “exceptions to copyright”). People can use copyright works without permission from the copyright owner, such as for private study or noncommercial research, although some exceptions are not available for photographs. Further details are available here: www.gov.uk/guidance/exceptions-to-copyright. If permission is required to use an image, permission will need to be obtained from all the copyright owners, whether it is a single image with numerous creators, a licensed image, or an image with embedded copyright works. Sometimes there will be one person or organisation that can authorise permission for all the rights in that image; in other cases separate permission may be needed from several individual rights owners. The creator of a copyright work such as an image will usually have right to be acknowledged when their work has been used, provided they have asserted this right. If you are unsure whether or not the creator has asserted this right, then it is recommended that you provide a sufficient acknowledgement when using their work.

What are the consequences of copyright infringement?
When someone infringes copyright, there are various courses of action that could be taken by the individual or organisation that owns or administers the copyright. The user of the image may be asked to purchase a licence, and a commercial arrangement might be reached after which no further action is taken. However, legal action might be taken by bringing a claim in court which could result in having to go to court for a hearing. Court cases can be expensive, as they often result in the user of the image paying the cost to use the photo, plus legal costs of themselves and the copyright owner and possibly other financial compensation for copyright infringement, which may amount to more than the cost of a licence to use the image. Further, the user of the infringing copy could also be asked to take down and permanently remove all copies of the image from websites as well, unless permission from the copyright owner is secured. Deliberate infringement of copyright on a commercial scale may also lead to a criminal prosecution. Even in situations where people may think their copyright infringement will not be detected, they run the risk of being discovered and subsequently being pursued through the courts.

If you need any further information or have a question – please Get in touch.

Thank you
Janine

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