Photography

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  • Australian law recognises that individuals have the right to protect the moral and economic interests arising from their creative works. It is not ideas but their expression that is protected by copyright law.

    In Australia, copyright law is set out in the Copyright Act 1968 (the Act), and in court decisions that have interpreted the provisions of the Act. The law gives owners of copyright exclusive rights to do certain things with their material.
    From time to time the Act is amended to keep the law relevant and up to date.
  •  
    The Copyright Act 1968 (Cth) protects and encourages creativity by giving artists the right to control the publication, distribution and communication of their work.
    This protection applies to all artists regardless of media or professionalism for the purpose of enabling them to derive income and make a
    living from their creative endeavours.
  • Material that is protected includes:
    • written material – including e-books, website text, newspaper articles, emails, computer programs and song lyrics;
    • dramatic works – including plays, dance and mime;
    • musical works – including musical scores;
    • artistic works – paintings, drawings, photographs and computer graphics;
    • films – including streaming video footage and television programmes; and
    • sound recordings – including compact discs and MP3 files.
  • The internet has had an enormous impact on the ability of artists to control and publish their work. While it is undeniable that the internet is a valuable tool that has created new opportunities for artists, it is also undeniable that it has created an environment where copyright infringement is rampant and widespread infringement of copyrighted even normalised as 'free culture‘.

    Works online has and continues to have a detrimental effect on the income streams of artists, whether they are professional artists who earn a living from their work or emerging artists who seek to do the same.
  • One of the best ways to avoid infringing copyright is to check for a copyright
    statement before printing, downloading, forwarding or re-posting material from any
    website you may visit. This statement should provide you with a guide to what the
    website owner will allow you to do with material on their site.

    If there is no copyright statement you should not assume that you are free to print,
    download or re-post material from the site. Instead, you should email the webmaster
    and ask for permission to use material from the website.

    In cases where the webmaster is not the copyright owner, you should ensure that:
    • the material has been made available with the copyright owner’s consent; and
    • the copyright owner is happy for their material to be printed, downloaded or
    re-posted.

    (Australian Copyright Council)
  • If you copy material off the internet without permission you may be infringing
    the rights of a copyright owner. It is a common misconception that once material is
    posted to the internet it can be freely copied: this is not the case.

    The Act gives the copyright owners of material on the internet certain exclusive
    rights.
    These include:
    • the right to reproduce the material eg: print the material or save it onto a disk;
    and
    • the right to communicate the material to the public eg: post the material on a
    website.

    This means that you may be infringing the rights of a copyright owner if you:
    • print material from a website;
    • cut and paste material from another site onto your website;
    • save material from a website on your hard drive or on a disk; or
    • make internet material available to other users via email or an Intranet system.
  • Mark grays work
    As you can see is amazing.
    He even has limited edition photos!

    Through his website, his aim is to sell these photos.
    He has them in multiple sizes and the prices depends on the size.

    Here, I can right click and save his photos.
    It’s not like they’re particularly small images either, they’re a decent size for it to be used etc

    This size here, it almost as big as the size of his smallest print…
    That’s like.. $90 he couldv’e made… but didn’t because his work is out in the world wide web, waiting for any one of us to just take!
    ****************8
    Under all devianart photos and artworks, it shows that the work is copyrighted…

    Okay…. So by LAW… I’m not allowed to take this photo.. But I really like it…

    OOH right click save..

    Too easy…
  • Some examples include:
    • ensuring you prominently display a copyright notice on your site setting out what can and can’t be done with your work; and
  • • using copy protection or digital rights management software such as digital watermarking.

    Remember, under the Act you also have the right to pursue legal action against any individual that infringes your copyright.
  • Things like website created using flash prevent the well known “copy and paste” system

    This website is a portfolio of an artist called Dave Werner

    *click website link*
    Go to illustrations

    As you can see, if I wanted to take this photo usually I’d right click and save….

    Here as I try to right click it… it’s not going to give me that option.
  • A lot of misinformation gets spread about Creative Commons licences – that they are anti-copyright, or anti-commercial. But when it comes down to it, they aren’t really very different from other copyright licences.

    Having a Creative Commons licence on your material doesn’t affect your ability to enforce your copyright against pirates or people who are using your materials in ways you have not approved – it simply provides an easy way for you to provide certain permissions in advance.

    In fact, there is anecdotal evidence that users are more likely to follow the terms of use for material under a simple and friendly licence than ‘all rights reserved’, if only because they find it easier to understand what’s expected of them.

    The licences are legally sound, have been examined by literally hundreds of lawyers internationally, and have been upheld in several court cases. And most importantly – they’re entirely voluntary.

    Creative Commons licensing can be a valuable tool for artists looking to take advantage of the new online business models that are having success in the music and film industries, or even just engage with their audiences on a different level. This is particularly the case for emerging and early career artists, for whom obscurity presents a bigger problem than piracy. But they are just a tool, and need to be used thoughtfully.



    (Creative Commons Clinic)
  • For example,
    non-commercial licensing of low resolution images can be a good way of increasing an artist’s profile without impacting on revenue streams from sales of original works, high quality prints or commercial reproductions.

    Or putting out a single artwork, a draft, or a sample for remixing can be a great way of engaging with audiences without reducing the value of the larger collection.

    The point is, Creative Commons aims to hand these decisions back to artists.

  • When a gallery acquires an artwork (whether from an artist or from a donor or auction house), it is usually only acquiring a physical item, and not any of the copyright in the work. In other words, just owning an artwork does not make a gallery a copyright owner. There are, however, cases where a gallery will own copyright in works in its collection. One example is where an artist specifically gives either copyright to a gallery or a hitherto unpublished artwork.

    Another case is where the artist has assigned his or her copyright to a gallery or licensed the gallery to use images of the artwork in particular ways.

    (Australian Copyright Council)
  • It is a truism to say that artists and other creators must be able to earn an income from their creative endeavours for a vibrant arts community to exist.
    This means that the current entrenched impoverishment of the arts community must be addressed.
    In order for artists to be justly rewarded for their creative
    output, Australia needs strong systems in place, including legal and support systems. Such systems should ensure that artists’ rights are respected and artists are free to be creative without exploitation.

  • There should also be widely available, accurate and unbiased information about 'copyleft' (creative commons) licences and how they interact with copyright in order to enable artists to make informed decisions about how to best manage their work.

    This can be done through providing targeted support and funding to arts organisations that are best placed to advise artists and directly address specific individual concerns.

    Australia’s peak arts organisations are central in assisting artists achieve sustainable arts practices by providing expertise on the creative, business and legal environments in which artists operate. Peak and service organisations, with a track record of supporting artists, should be properly supported by the Government.

    Such organisations provide a voice for artists and the resources for artists to get quality advice and assistance when they need it.

    However, these organisations tend to be starved for resources through chronic under-funding, making it extremely difficult for them to provide their much–needed services to the arts in a timely and professional fashion.


  • Viscopy manages the rights in artistic works on behalf of the artists who create them.
    They do this by providing copyright licensing services to customers in Australia and New Zealand who wish to reproduce or communicate copies of art works.

    What a Viscopy license entitles you:

    If you want to copy art works which are protected by copyright, you need to receive permission from the copyright owner.
    If the copyright owner is a Viscopy member you can apply directly to them for permission. If permission is granted, they will issue a licence which will state how you may use the work according to certain terms and conditions.
    No permission is necessary if copyright has expired or a special exception applies.

  • The Arts Law Centre of Australia (Arts Law) is a not for profit community legal centre that provides services to over 5,000 artists and arts organisations across all arts sectors and the entertainment industries each year.
    Through its specialist Indigenous service, Artists in the Black, Arts Law also provides advice to Indigenous artists throughout Australia.

  • What is Stock Photography?
    Every day you see thousands of images in magazines, packaging, posters, online and on TV. But very few of these images were created specifically for that product, promotion or concept - what you're seeing is stock photography. Stock photos are ready-made images that are licensable for use in your advertising or promotional materials to illustrate specific things, concepts or ideas. iStockphoto's images, media and design elements are just the beginning - they are the raw materials to get your graphic design started.

    As seen previously, all of istock’s photos have the watermark across the image

    This prevents people from simply right click and saving other people’s images.
    iStock requires you to be a member and to purchase the images.
  • Photography

    1. 1. Michelle Huynh & Jessica Jacob
    2. 2. Copyright is a form of intellectual property protection for a variety of literary and artistic endeavours. (Australian Copyright Council)
    3. 3. All material found on the internet is generally protected under copyright law. (Australian Copyright Council)
    4. 4. Copyright is free and automatic. The moment artists create a piece of art it is protected by copyright (provided it is sufficiently original). Copyright protection will usually last until 70 years after the death of the creator. (Australian Copyright Council)
    5. 5. Check for a copyright statement If unsure, email the webmaster for permission
    6. 6. The Act gives the copyright owners of material on the internet certain exclusive rights. (Australian Copyright Council)
    7. 7. The law might protect you, but what about those who don’t follow the law?
    8. 8. http://www.markgray.com.au/ http://www.deviantart.com
    9. 9. ‘How do photography websites ensure that the artists rights are protected?’
    10. 10. By posting your work to the internet you accept the risk that your copyright may be infringed. There are however ways to minimise this risk (Australian Copyright Council)
    11. 11. http://www.istockphoto.com/stock-photo-10835916- business-checkmate.php
    12. 12. http://okaydave.com/
    13. 13. …give you an easy way for you to provide certain permissions in advance
    14. 14. Creative Commons licensing can be used for different materials in different ways
    15. 15. When a gallery acquires an artwork, it is usually only acquiring a physical item, and not any of the copyright in the work
    16. 16. An effective way to better protect income streams for artists in the digital age is to ensure that artists are educated and informed about how their rights practically function in the internet environment
    17. 17. Viscopy & Arts Law
    18. 18. Viscopy is Australia and New Zealand’s not-for-profit rights management organisation for the visual arts providing copyright licensing services on behalf of their members to a wide and varied customer base
    19. 19. The Arts Law Centre of Australia (Arts Law) is a not for profit community legal centre
    20. 20. It’s all about playing smart, and know how to protect y our work from picture stealer! Use flash, use watermarks, only upload low resolution images… It could cost you a lot of money if you don’t!

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