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Author Topic: Changes to UK Copyright Law  (Read 2861 times)

celliottuk

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Changes to UK Copyright Law
« on: June 13, 2013, 09:11:39 AM »
There was recently a change to Copyright Law in the UK which seemed to throw away any form of Copyright protection, as it seemed to state that if someone couldn't find the original copyright owner, there was deemed to be no copyright ("Honest guv, I looked for 1 second, couldn't find any ownership info, so it's now mine")

There was a petition against this to The Government and a response has been given
Read the Petition and the response http://epetitions.direct.gov.uk/petitions/49422

The key part of the response in my mind is that the Government believe that EXIF metadata will now be used to assess who has ownership, whilst then going on to state that ...

"A Working Group has been set up by the industry-led Copyright Hub to consider the issue of metadata and try to obtain cross-industry agreement on ensuring that metadata is not removed from copyright works."
i.e. they think that there are flaws in this approach

Is anyone aware of any mechanism which ensures that Metadata will ALWAYS stay with a photo, regardless of how the file is saved or manipulated?

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Changes to UK Copyright Law
« on: June 13, 2013, 09:11:39 AM »

Sella174

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Re: Changes to UK Copyright Law
« Reply #1 on: June 13, 2013, 10:03:44 AM »
It is just a solution to a real problem regarding copyright law, namely who owns the copyright if the owner cannot be determined whilst the work is clearly still under copyright? Well, one solution, which is used here in South Africa, is that the State then becomes the curator of the copyright. And it seems that in the UK it now lapses into the public domain. Honestly, I cannot see the problem.
Happily ignoring the laws of physics and the rules of photography to create better pictures.

awinphoto

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Re: Changes to UK Copyright Law
« Reply #2 on: June 13, 2013, 10:19:08 AM »
sooo...  some photographer signs his name on the back of the print, the recipient of the print takes rubbing alcohol and a cotton swab and carefully cleans off the name on the print... oh darn, we dont know who took the photo, so we own it now.... these laws are so finicky and dangerous in some situations...  And then there's the issue where it's common assumption where if you take a photo, alter it something like 30% or whatever in photoshop, and now that becomes your copyright...  All these gray areas are one of the many things killing professional photography...
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paul13walnut5

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Re: Changes to UK Copyright Law
« Reply #3 on: June 13, 2013, 10:22:42 AM »
seemed.

Can you send me a link to the change in the act? 

RGF

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Re: Changes to UK Copyright Law
« Reply #4 on: June 13, 2013, 11:36:19 AM »
I have heard that a number of sites, such as facebook, remove metadata from photos.  Instant loss of copyright protection.

awinphoto

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Re: Changes to UK Copyright Law
« Reply #5 on: June 13, 2013, 11:45:20 AM »
I have heard that a number of sites, such as facebook, remove metadata from photos.  Instant loss of copyright protection.

On a not too recent change in facebook terms and conditions, any photo you post on facebook is now facebooks...  watermark watermark watermark
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bitm2007

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Re: Changes to UK Copyright Law
« Reply #6 on: June 13, 2013, 12:32:01 PM »
awinphoto wrote

"some photographer signs his name on the back of the print, the recipient of the print takes rubbing alcohol and a cotton swab and carefully cleans off the name on the print... oh darn, we dont know who took the photo, so we own it now".

I have already encountered a similar situation to this.  In my case the customer purchased a print,  then had the nerve to tell us what they were going to do.  They were informed that they had purchased a print not the copyright but this made no difference.  We literally saw them remove the sticky label from the back of the print and take it to a local lab to be scanned, so that they could reproduce it as a card for resale.   Luckily when we reiterated copyright to them again in the lab, the lab assistant refused to scan it and confiscated the print.   But if we were not there at the time i'm sure the lab would have scanned it
« Last Edit: June 13, 2013, 01:11:46 PM by bitm2007 »

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Re: Changes to UK Copyright Law
« Reply #6 on: June 13, 2013, 12:32:01 PM »

Universeal

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Re: Changes to UK Copyright Law
« Reply #7 on: June 13, 2013, 12:36:50 PM »
I know this from some time but it passed?

awinphoto

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Re: Changes to UK Copyright Law
« Reply #8 on: June 13, 2013, 12:45:46 PM »
awinphoto wrote

"some photographer signs his name on the back of the print, the recipient of the print takes rubbing alcohol and a cotton swab and carefully cleans off the name on the print... oh darn, we dont know who took the photo, so we own it now".

I have already encountered a similar situation to this.  In my case the customer purchased a print,  then had the nerve to tell us what they were going to do.  They were informed that they had purchased a print not the copyright but this made no difference.  We literally saw them remove the sticky label from the back of the print and take it to a local lab to be scanned, so that they could reproduce it as a card for resale.   Luckily when we reiterated copyright to them again in the lab, the lab assistant refused to scan it and confiscated the print.   But if we were not their at the time i'm sure the lab would have scanned it

Yikes... a few years ago, my business offers restoration of old photos and a nationally known moving company contacted me saying they moved a clients photos and the photos were damaged in transit and the client was furious... they wanted me to scan, reprint and remount to look identical...  They wanted me to do it because they figured it would be cheaper than going to the original photographer.  In the end we didn't do it because of copyright, but I wonder how often this happens to other professional photographers... 
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celliottuk

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Re: Changes to UK Copyright Law
« Reply #9 on: June 13, 2013, 12:49:57 PM »
I know this from some time but it passed?
Yes, it received full Royal ascent (it became law) on 25th April 2013 http://services.parliament.uk/bills/2012-13/enterpriseandregulatoryreform.html

rs

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Re: Changes to UK Copyright Law
« Reply #10 on: June 13, 2013, 12:53:23 PM »
Is anyone aware of any mechanism which ensures that Metadata will ALWAYS stay with a photo, regardless of how the file is saved or manipulated?
Nope. If its a file they can download to their computer, its editable. And even if there was some clever system to make it uneditable, what's to stop anyone taking a screen shot?

I think the only reliable option is a watermark. Preferably not in a place which can simply be cropped or edited out.
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celliottuk

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Re: Changes to UK Copyright Law
« Reply #11 on: June 13, 2013, 12:53:41 PM »

Ellen Schmidtee

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Re: Changes to UK Copyright Law
« Reply #12 on: June 13, 2013, 01:39:46 PM »
Is anyone aware of any mechanism which ensures that Metadata will ALWAYS stay with a photo, regardless of how the file is saved or manipulated?

It is impossible. Even if the operating system or displaying application somehow protected the photo from having it's metadata removed, one could always place a camera in front of the screen and take a photo, pretty much the way people use video cameras to shoot movies in cinemas

Then there are photos taken with film cameras, and photos printed on some sort of physical media, e.g. a magazine.

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Re: Changes to UK Copyright Law
« Reply #12 on: June 13, 2013, 01:39:46 PM »

wockawocka

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Re: Changes to UK Copyright Law
« Reply #13 on: June 13, 2013, 01:56:41 PM »
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celliottuk

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Re: Changes to UK Copyright Law
« Reply #14 on: June 13, 2013, 03:15:34 PM »
It's all being blown bigger than it is:

http://mark.goodge.co.uk/2013/04/stop-the-lies-from-stop43/
It's interesting to read the interchange between the author and some of the commentators on his blog. There's a lot of trolling and counter-trolling going on, but I'm left with the uncomfortable feeling that his statements aren't undebatable.
« Last Edit: June 13, 2013, 03:22:50 PM by celliottuk »

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Re: Changes to UK Copyright Law
« Reply #14 on: June 13, 2013, 03:15:34 PM »