Photography Copyright

ajmall

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Mar 24, 2004
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Leicester, UK
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www.photodrew.co.uk
I am looking at submitting photos to a London image library. Part of their guidelines are as reads:


We offer a standard 3 year contract, which will license us to sell reproduction
rights to the images that you have placed with us. Revenues obtained depend on
the rights required by our clients, but all revenues are shared on a 50/50 basis with
the photographer. Photographers retain full copyright for their images, and may
exhibit them, sell prints for personal, non-commercial use and use them for self-promotion.



As far as copyright goes, can I effectively take 2 shots of the same thing from the same viewpoint (so they will basically look identical) and use one for submission and the other image for my own other commercial use?

Just in case that's not clear, here's another way of putting it:

I take 2 photos in quick sucession (photo A and B) of a building. Photo "A" I submit to the library and "B" I keep for myself and use for other commerical usage. Am I in infringement of the contract above?

I'm guessing it's OK but is there some crazy law that stops me? Oh, and this will in the UK!

Thanks
 
Although I am not familar with with english copyright law I think your idea is a really risky. The reason is because there may no be a discernable difference between the two. If you take a picture of a picture of a famous copyrighted painting, who own the right to the picture? Do you have the right to repoduce the picture which is entirely of a copyrighed painting? Most likey not
 
I think that photographers do exactly what you are asking all the time, but you need to ask the people you are making the deal with. Some people may be okay with it, others may not.
 
thanks for the advice. What I am kinding "hoping for" is a loop hole in the law perhaps where the 3 year reproduction rights are only effective on that one image (photo A for eg.)
 
You are giving up certain publication rights. Anything that contravenes the copyright will also apply to the publication rights.
 
Photographers retain full copyright for their images, and may
exhibit them, sell prints for personal, non-commercial use and use them for self-promotion.

There's your loophole. So long as you sell them for personal use and not for commercial use you're fine.
 

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