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As a photographer, it is vital to protect your work’s intellectual property (IP). In this industry, not only is your brand protection important but also the work you are creating. Understanding and managing your IP is crucial to protecting your creative work and maximising revenue. This article will explain key IP considerations for a photographer in the UK, such as copyright and trade mark protection.
Copyright Protection
Copyright protection is crucial for photographers, as it safeguards your creative works. It provides you with exclusive rights to use, reproduce, sell and distribute your photographs. Copyright is a protection right intended to protect artistic work (such as photographs) and stop others from using your work without permission.
Copyright legislation in the UK grants photographers exclusive control over their images. Accordingly, if individuals or businesses want to use your images, they must obtain your permission. Having exclusive rights over your photos also provides an economic benefit, as you can license or commission your photos. Further, you have legal recourse to compensation if someone infringes on your copyright by using your photos without permission.
Licensing
Although copyright is automatic, when a third party is involved through contractual agreements, you must consider how this might affect your IP rights. Licensing IP is a common practice among photographers, allowing them to grant others the right to use their images under specific terms and conditions. This involves allowing someone else to use your intellectual property, such as photographs. In exchange for a fee, the other party can use your photos for a specified period and purpose. Meanwhile, you retain ownership of the work. For example, you might upload your photos to Shutterstock for businesses to license for use on their websites and marketing materials. The benefit of licensing your photographs is that you retain ownership of the IP but can still benefit from monetising it.
Whenever you allow others to use your photos, document the terms and conditions in a licence agreement. This agreement should clearly state the following:
- the purpose that others may use your photos;
- whether the recipient can make copies of the photographs;
- whether the recipient can sub-licence their rights to use the photograph;
- any limitations; and
- fees involved.
Commissioned Work
As a photographer, commissioned work may be a key aspect in the day-to-day running of your business. Consider how your IP rights may change when creating commissioned work as a photographer. Photographs fall under artistic work in UK law, meaning that the ownership of the rights remains with the photographer. Unless express terms in the agreement state that copyright belongs to your client, you will still be the copyright owner. It is vital to have a contract in place with your client that clearly states who the IP belongs to and who can use it.
You and your client may create a licensing or assignment agreement to clarify copyright ownership and use. Licensing your work allows you to retain ownership of your work. When you license your work, you can use it for other purposes. Likewise, you can also limit the customer’s usage of your work (for example, you may preclude your customer from selling your work). Alternatively, you may choose to sell the ownership of your work by assigning the copyright in your work to a customer. This means that the customer will own your work and can use it however they see fit, and you will not be able to use the image (unless you agree otherwise).
For example, a magazine may commission you to conduct a photoshoot. You will need a contract to set out whether you or the customer will own the rights to the photographs you take. If the customer wants to own the photographs, typically, you will not assign ownership until they have paid you in full for your work.
Trade Marks
Another key IP consideration for photographers is trade marks. There are two aspects of this to consider; brand protection and trade mark infringement.
As with any business, it is vital to protect your branding, especially as a photographer in the creative industry. If you have a unique business name or logo associated with your photography business, you should register a trade mark as soon as possible. This will ensure no other photographers can use your branding and potentially benefit from any goodwill surrounding your business. A trade mark will solidify your brand identity, distinguish your photography services and build recognition among clients.
Additionally, be cautious when taking photographs that may contain trade marks. You must avoid giving the impression that you are affiliated with a brand or have permission to use their branding. You should get legal advice if you take a photograph that includes a trade mark if you do not have permission to use it.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
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Key Takeaways
As a photographer in the UK, there are many aspects of IP you need to consider. Copyright is key in safeguarding your work and giving you exclusive rights to your images. This is a valuable asset that you can sell, license or assign for economic gain. Alternatively, trade marks are key in establishing your brand but will require registration to obtain full protection.
For more information, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and prepare your application. Call us today on 0808 196 8584 or visit our membership page.
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