ricktas
21-01-2018, 8:53am
Whilst we have had several threads on Copyright in the past, and the discussion arose again recently, here (http://www.ausphotography.net.au/forum/showthread.php?155898). We have not discussed copyright in detail on the forums since around 2012. So I thought it timely to start a new thread to discuss this important matter. Some previous information in other threads (http://www.ausphotography.net.au/forum/showthread.php?20673) is still very relevant, however, given the passage of time, many of the links in that thread are no longer valid.
One thing to remember is that copyright is national legislation. So what copyright law exists in Australia may differ to that of any other country.
As photographers we should all gain a reasonable understanding of copyright law, for two main reasons (1) we know what rights we have over our photography, and (2) we respect the rights of others over their created works (photographic or otherwise).
An introduction to copyright in Australia (PDF): http://www.copyright.org.au/ACC_Prod/ACC/Information_Sheets/An_Introduction_to_Copyright_in_Australia.aspx
Photographers and Copyright: http://www.copyright.org.au/ACC_Prod/ACC/Information_Sheets/Photographers___Copyright.aspx?WebsiteKey=8a471e74-3f78-4994-9023-316f0ecef4ef
Copying a photo you have paid for (purchased): http://www.copyright.org.au/ACC_Prod/ACC/Information_Sheets/Photographs__Copying_Photos_You_ve_Paid_For.aspx?WebsiteKey=8a471e74-3f78-4994-9023-316f0ecef4ef
Fair Dealing (What can you use without permission from the copyright owner): http://www.copyright.org.au/ACC_Prod/ACC/Information_Sheets/Fair_Dealing__What_Can_I_Use_Without_Permission.aspx
Street photographer's rights : https://www.artslaw.com.au/info-sheets/info-sheet/street-photographers-rights/
There are some laws related to specific photographs that change how copyright works. In particular 'domestic portraiture'. If you are paid to photograph a family or a wedding etc, then under the copyright act, the client who pays for the service, is the copyright owner of the photos.
A full list of the information sheets is available here in PDF format, this includes all aspect of Art, not just photography: http://www.copyright.org.au/ACC/Find_an_Answer/Browse_by_A-Z/ACC/Public_Content/Information_Sheets_A-Z.aspx?hkey=2ae237d3-8c57-4084-81cd-fc4c81619a65
There are some interesting specific deviations to the above general copyright. For instance the Sydney Harbour Foreshore Authority appears to lay claim to images of the iconic aspects of Sydney Harbour (ie the bridge and opera house). To give you an insight into how copyright can vary, the lights on the Eiffel tower are copyrighted as a work of art. But the tower itself is not. So if you photograph the Eiffel Tower at night, with the lights on, then you do not own copyright to your image.
Other things: There are also legislative restrictions on some military and other installations, though these are not copyright related, they need to be considered when out taking photographs. The other thing to consider is what is considered public and private. Although again, not copyright related. If you are on private property, the owner of that property has the right to not allow photos to be taken. Remember that the forecourt of a building may actually be private land, not public space. Derelict buildings, although run down, and in some cases, ruins, are owned by someone (or a company), and thus are often private property. Finally, sporting events. Events like the Olympic Games, AFL, NRL, Australian Open Tennis, etc often have clauses in their entry terms and conditions related to photography. If you attend one of these events you are required to adhere to the T&C of entry. Thus you may not own copyright to any photos taken, and in some cases it is forbidden in the T&C to publish any photos you take, as the sporting body has acquired copyright to any photos taken, as part of your entry conditions. Simply by attending, you are agreeing to these T&C.
Copyright over photographs is not as simple as it seems. What if you lend your camera to a friend, they take one photo, all the rest of the memory card are photos taken by you. It is your camera, your lens, your memory card. That one single photo taken by your friend, is copyright to them. It is the person who presses the button to take the photo who owns copyright. But there are deviations to even this simple event. If you are taking photos as part of your employment, then copyright is owned by the employer, even if it is your own gear, and you pressed the button.
Please feel free to add information (that can be verified - so please supply links) or generally discuss, ask questions, regarding copyright in this thread.
One thing to remember is that copyright is national legislation. So what copyright law exists in Australia may differ to that of any other country.
As photographers we should all gain a reasonable understanding of copyright law, for two main reasons (1) we know what rights we have over our photography, and (2) we respect the rights of others over their created works (photographic or otherwise).
An introduction to copyright in Australia (PDF): http://www.copyright.org.au/ACC_Prod/ACC/Information_Sheets/An_Introduction_to_Copyright_in_Australia.aspx
Photographers and Copyright: http://www.copyright.org.au/ACC_Prod/ACC/Information_Sheets/Photographers___Copyright.aspx?WebsiteKey=8a471e74-3f78-4994-9023-316f0ecef4ef
Copying a photo you have paid for (purchased): http://www.copyright.org.au/ACC_Prod/ACC/Information_Sheets/Photographs__Copying_Photos_You_ve_Paid_For.aspx?WebsiteKey=8a471e74-3f78-4994-9023-316f0ecef4ef
Fair Dealing (What can you use without permission from the copyright owner): http://www.copyright.org.au/ACC_Prod/ACC/Information_Sheets/Fair_Dealing__What_Can_I_Use_Without_Permission.aspx
Street photographer's rights : https://www.artslaw.com.au/info-sheets/info-sheet/street-photographers-rights/
There are some laws related to specific photographs that change how copyright works. In particular 'domestic portraiture'. If you are paid to photograph a family or a wedding etc, then under the copyright act, the client who pays for the service, is the copyright owner of the photos.
A full list of the information sheets is available here in PDF format, this includes all aspect of Art, not just photography: http://www.copyright.org.au/ACC/Find_an_Answer/Browse_by_A-Z/ACC/Public_Content/Information_Sheets_A-Z.aspx?hkey=2ae237d3-8c57-4084-81cd-fc4c81619a65
There are some interesting specific deviations to the above general copyright. For instance the Sydney Harbour Foreshore Authority appears to lay claim to images of the iconic aspects of Sydney Harbour (ie the bridge and opera house). To give you an insight into how copyright can vary, the lights on the Eiffel tower are copyrighted as a work of art. But the tower itself is not. So if you photograph the Eiffel Tower at night, with the lights on, then you do not own copyright to your image.
Other things: There are also legislative restrictions on some military and other installations, though these are not copyright related, they need to be considered when out taking photographs. The other thing to consider is what is considered public and private. Although again, not copyright related. If you are on private property, the owner of that property has the right to not allow photos to be taken. Remember that the forecourt of a building may actually be private land, not public space. Derelict buildings, although run down, and in some cases, ruins, are owned by someone (or a company), and thus are often private property. Finally, sporting events. Events like the Olympic Games, AFL, NRL, Australian Open Tennis, etc often have clauses in their entry terms and conditions related to photography. If you attend one of these events you are required to adhere to the T&C of entry. Thus you may not own copyright to any photos taken, and in some cases it is forbidden in the T&C to publish any photos you take, as the sporting body has acquired copyright to any photos taken, as part of your entry conditions. Simply by attending, you are agreeing to these T&C.
Copyright over photographs is not as simple as it seems. What if you lend your camera to a friend, they take one photo, all the rest of the memory card are photos taken by you. It is your camera, your lens, your memory card. That one single photo taken by your friend, is copyright to them. It is the person who presses the button to take the photo who owns copyright. But there are deviations to even this simple event. If you are taking photos as part of your employment, then copyright is owned by the employer, even if it is your own gear, and you pressed the button.
Please feel free to add information (that can be verified - so please supply links) or generally discuss, ask questions, regarding copyright in this thread.