SOME CASE HISTORIES

The Copyright Committee has an impressive A1 folio containing a dozen or so laminated pages of glaringly obvious copyright infringements -- each illustrating how the current copyright act is making it hard for photographers to work in the commissioned environment.

A typical example is the 1992 Gold Coast White Pages (see photo.).

The photographer, Tom Anthony, was commissioned by boat builders 'Fastlane Boats' to photograph some pleasure boats. The company subsequently went into liquidation without the photographer being paid. (NB: Under section 35(5) of the Copyright Act, unless there is an agreement to the contrary, the commissioning party owns the copyright in a photograph - paid or not!)

Someone then bought the company debt free (including Tom's pic), for a fraction of its value, and started trading again. The new company gave the transparency to Telstra for the cover of a phone book to promote their boats - the photograph then appeared under their copyright!

You guessed it -- the photographer has still not been paid and has, in fact, almost zero chance of pursuing the debt. If the photographer had control of his copyright he would obviously have a much stronger case.

As always, prepare a contract/agreement/letter etc. that specifies what the user of the photograph can do with it. You must agree that the ownership of any work is not passed on, until the bill is paid before you do the job.

Please read item 4 of the ACMP Terms of Trade.

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