The Copyright Act affords copyright owners protection
over their work, in this case the depiction of a motif, in the same way
as the Designs and Patents Act affords protection over various types of
inventions.
Respecting the work of the originator is an absolute
requirement for anyone seriously interested in buying pictures. Always
ask first, is a useful rule of thumb.
The Copyright Act applies to both analogue and digital
use. Therefore, "asking first" also pertains to those images
that are going to be used, for example, on the Internet, an Intranet or on a CD.
How to define a work and when is it an original?
Works include many types of pictures, such as drawings, illustrations
or collages. The work delivered to you by the originator is to be
considered the original.
1. What am I buying?
When buying a picture you are only acquiring the right to use it in the
manner specified in the agreement. All other rights of use - i. e. the
copyright - belong to the originator.
2. Who owns the work?
The ownership of the copyright to the work delivered always remains with
the originator. If you wish to keep the work, you have to reach a special
agreement with the copyright owner.
3. How may the work be used?
The work may only be used in the manner agreed upon. This pertains to
the printing procedure, as well as to the stated size and the distribution
of the edition, or the publishing of the image on a homepage of the Internet
for a limited length of time. If any changes are made subsequent to the
agreement, the copyright owner must give his or her consent.
4. How about using the work several
times?
As soon as the work is to be used again the copyright owner must be contacted.
The re-utilisation of a work may entail further costs.
5. Can I make alterations to the
work?
No alterations may be made to the work without the consent of the copyright
owner. This includes cutting, retouching, digital manipulation as well
as other methods. However, there are instances where a certain amount
of cutting is allowed, providing the content is not distorted. In these
cases the copyright owner must be informed in advance.
The name of the copyright owner must always be stated
when the image is used for editorial or information purposes. When used
in advertisements the name ought to be stated.
6. For how long is the work protected?
Copyright in a work remains for seventy years following the year the copyright
owner died.
In order to be judged as a work, a picture must reflect
individuality, originality and distinctive character. This means that
two individuals cannot, independent of one another, produce the same picture.
7. Am I allowed to produce more
than one copy?
Additional copies of the work may not be produced without the consent
of the copyright owner, be it in newspapers, other printed material or
as photocopies etc.
8. Am I allowed to transfer the
work to a digital media?
To transfer the work to a digital media is equal to producing a new copy.
This also includes the transfer of a picture from one digital system to
another and the printing of such a picture. As a consequence, the prior
consent of the copyright owner is a mandatory requirement.
Nowadays, the digitisation of pictures is an integral
part of the printing process. When the copyright owner consents to the
printing of a picture the use of this digitisation is said to be inherent.
However, any other use of the digitised picture is not allowed and it
must be removed after the printing is completed.
text: illustratörcentrum
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