All photographs and content on this website remain the property of Advocate Photography. Images may not be downloaded, copied, reproduced or use anyway without prior written consent.
Print purchases entitle the purchaser to the ownership of the image but not to the copyrights of the image which still remain with Advocate Photography even after purchase.
What is copyright?
Copyright is a legal right, giving the owner control over their work and how it is used. It gives creators protection against use of their work without permission. Owners of copyright can use, sell or licence a work to a third party. Copyright normally protects the work created by, or ‘originated’ with, the author. There must have been some skill, labour or judgment in the creation of the work and it must be original.
Who owns copyright?
The first owner of copyright will normally be the author. In most cases, the author is the person who created the work: the composer of the text or the music, the artist, the photographer. There are certain exceptions to this, especially in the case of photographs, films and recorded sound. There may be more than one copyright owner in a single work. The employer is normally the first owner of copyright in any work which is made in the course of an author’s employment under a contract of service (that is, as an employee rather than a freelance). For commissioned work however, the copyright usually lies with person who has been commissioned (rather than the commissioner), unless there is an agreement in place to the contrary. It’s therefore important when commissioning work to put an agreement in place first covering the intellectual property.
Copyright material cannot be used without permission, with the exception of a small number of legally permitted acts. These exceptions are known as “Fair Dealing” and includes the following –
Limited copying of books, journals, sound recordings, films and artistic works made by an individual for their own private study or non-commercial research purposes, may fall under the fair dealing exception
- Fair dealing for criticism, review and reporting current events
- Making a copy for a disabled person if no accessible version is commercially available
- Time-shifting of radio or TV broadcasts for personal use
- Text and data mining for non-commercial research
- Parody, caricature and pastiche
Uniquely for visual arts, there is an exception for works of 3D art, such as sculptures, permanently situated in a public place. These may be photographed or reproduced in 2D without the permission of the artist, so long as the artist is sufficiently credited on any reproductions. This does not apply to other types of public art such as murals or paintings hanging in a public building.
All other uses require the permission of the artist, their heir or the relevant rights organisation (such as IVARO) before using their material. Consent is normally given in the form of a licence which authorises the use of the copyright material for a particular purpose. It’s important to note that the artist’s Moral Rights will still apply even in situations where their permission is not required.
Irish Visual Artists Rights Organisation has excellent information on the area of copyright and you can find more over at their website. It provides an overview of copyright and explains the differences between printed and public domain content much better than I can. If you want more of a detailed legal explanation you can read more at visuartists.ie
Please also see Copyright and Related Rights Act, 2000 for an updated legal definition.
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