ACMP Specialist Groups

Australian Commercial
& Media Photographers

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Note from the Webmaster: with the start of the new ACMP Specialist Groups Email Lists, this page is currently being redesigned with an emphasis on reference documentation and Group Reports.

The ACMP Specialist Groups have been relaunched and members now mainly communicate with each other via their own private Email Lists, which are open to any ACMP Member who wishes to join. Currently there are two Lists operating:

The Business Practice & Editorial Group:
The ACMP Business Practice Specialist Group is limited to ACMP Members and provides a forum to discuss and ask questions on all issues relating to advertising, commercial and editorial photography. Copyright, usage, contracts, how to run your business, technical queries, destination info - all these are the kind of subjects we're looking for.
The Digital Group:
The ACMP Digital Group is limited to ACMP and invited members, and provides a forum to discuss and ask questions on all issues relating to digital imaging. Technical problems, software tips and recommendations, equipment queries, digital imaging in your business - all these are the kind of subjects we're looking for.

If you are an ACMP Member and wish to join one of these Groups, please email webmaster@acmp.com.au with your request and you will receive an invitation.

Melbourne Ascending Photographers (MAP)

We are also providing support to Melbourne Ascending Photographers (MAP), which is a group open to all photographers starting out in the industry. Their Email List exists for the peer discussion of issues and questions related to beginning a photography career.

To join their list, or for any further information about MAP contact maphotographers@yahoo.com.au.

How To Get More Benefits From Your List Membership:

ACMP uses Yahoogroups, and to get full benefits from this free service everyone must have a Yahoo ID. This allows you to search our archive of messages and change the setup on your account, including message delivery. If you already have a Yahoo ID skip to step #2 below.

Get a Yahoo ID (click here). Under "Sign In" choose "Click here to register". If you already have a Yahoo ID move to step #2. Be sure to remember both your ID and password as you will need them.
Edit your profile (click here). We're open to ACMP members only and we need to see it in your Yahoo ID. To edit your profile click on "edit" next to your Yahoo ID. On the next screen select "Edit Profile Information". The following minimal information is required:

your first and last name (both are required)
your city/state
a one-sentence description of who you are (professionally), in the field
labeled "Latest News".
Indicate your website if you have one. And don't forget to "Save Changes" at the bottom.

When you have your Yahoo ID, here's how to

CHANGE YOUR EMAIL DELIVERY / MODIFY ACCOUNT:

Go to http://groups.yahoo.com/mygroups

Look for the group you wish to change your options, and select either from the pull-down list on the right:

Individual emails - to receive all emails as they are posted to the group

Daily Digest - to receive all the emails in one large email once per day

No Mail/Web Only - to stop receiving emails while you are on vacation, or if you prefer, to read them from the archives on the web (http://www.onelist.com/messages/APAnet)

Click "Save Changes" before leaving page.

MANAGE EMAIL OVERFLOW

If all your emails are going into your "inbox" you're probably feeling a little nuts about it. There is a simple way to sort your email. Create another folder in Outlook Express (or Netscape or whatever) and call it something like "ACMP" or "ACMPdigital." Then instruct your email reader to sort your mail into the various folders as it comes in.

Sorted mail makes it easier to read "old" newsgroup mail. Simply re-sort the messages by subject (click on the "Subject" heading at the top to re-sort) and read the threads you're interested in. Those you want to keep note of can be moved to a "keepers" folder, and the rest deleted.

Sorting mail isn't called that with Outlook Express. It's called "message rules." Under the Message menu at the top you can create a rule using "this message." You can also edit your rules using Tools > Message rules > Mail. Mail can be sorted by subject matter, sender, or whatever. Just try it and you will get the hang of it. It's a very powerful feature.

REDUCING THE FLOW

Sometimes it's also desirable to reduce the flow of email from discussion groups. ACMP Groups has a feature for making this possible. For example, you might want to keep your ISP account from overflowing when you are traveling. Here are some options:

Unsubscribe (a real pain and not recommended).

Digest version - You can change your email delivery to one "digest" message per day. This message will contain all of the prior day's posts.

No Mail - Messages can be read directly from the ACMP Groups site page. Many select this option when travelling. It can be changed back when you return

If you wish us to form another Specialist Group covering a different topic of iinterest (with a corresponding email list) please contact webmaster@acmp.com.au with your request

Previous content of this page:

Contact:

Phil Quirk
Mary Cameron
Ph: 02 9363 1616
Mob:0412 641 479
Email: phil@philipquirk.com

Preliminary comments from the webmaster:

We reproduce here an Information Sheet put out by the Copyright Council. The Council does stalwart service and is a vitally important body involved in protecting the rights of all copyright holders, and thanks to the new legislation that now means all photographers in most cases -- unless you give it away! There is a link to the Council's excellent web site on the links page, and also here. Please visit them for valuable information.

We have also added a list of recent information packs etc on copyright covering a variety of fields available from the Copyright Council that may be of interest to ACMP members.

If you want to check out any current legislation, you can search LAWLEX:

Also, here's an opportunity to get up to speed on recent happenings:

TRAINING FROM THE AUSTRALIAN COPYRIGHT COUNCIL

Keep up to date with the latest changes in copyright law.

The ACC's training program for 2001 will feature training days in Adelaide,
Brisbane, Canberra, Melbourne, Perth and Sydney.

This year's seminars are for photographers, graphic designers website
designers, gallery & museum administrators, librarians, teachers, and
government employees.

For more details on dates and topics please see the Australian Copyright
Council website http://www.copyright.org.au , email the ACC at
info@copyright.org.au or phone the customer service department on 02 9699
3247.

Information sheet G11 Photographers and copyright September 1998

In this information sheet, we outline the copyright issues most relevant to photographers, and respond to some common questions. For a more detailed discussion, see our publication Photographers & Copyright (available from the Australian Copyright Council for $25).

What does copyright protect?

In Australia, copyright law is contained in the Copyright Act 1968 (Cth) and decisions of courts.
Copyright protects a range of material, including photographs. Other things protected by copyright include other artistic works (such as paintings, drawings and maps), written material (such as journal articles, novels, and reports), musical works and films.

Protection is automatic

There is no system of registration for copyright protection in Australia. Copyright protection does not depend upon publication, a copyright notice, or any other procedure - the protection is free and automatic.

A photograph is protected automatically from the moment it is taken.

Because of international treaties such as the Berne Convention, most foreign copyright owners are protected in Australia, and Australian copyright owners are protected in most other countries.

The copyright notice

The copyright notice is not required for protection in Australia and in most other countries, but it notifies people that the work is protected and identifies the person claiming the rights. Copyright owners can put the notice on their work themselves; there is no format procedure. The notice consists of the symbol c, followed by the name of the copyright owner and the year of first publication; for example: Q Max Silver 1968.

Who owns copyright?

There are provisions in the Copyright Act which determine who owns copyright. However, it is generally a good idea to have a written agreement about who will own copyright in any situation where there is more than one person involved in the creation of the material.

For photographs, the general rule is that the first owner of copyright in a work is the photographer. There are some exceptions to this general rule:

Photographs taken in the course of employment. The first owner of copyright will usually be the employer if the photograph was taken as part of the employee's usual duties. However, where a photograph is taken by an employee of a newspaper or magazine publisher, the photographer and the employer usually own separate parts of the copyright. For photographs taken before 30 July 1998, the employer owns the rights for newspaper and magazine publication and for broadcasting; the photographer owns the other rights, such as book publication rights. For photographs taken after 30 July 1998, the photographer owns the rights for photocopying and book publication; the employer owns all other rights, such as electronic publication rights. This provision does not apply to freelance photographers.

Commissioned photographs. For photographs taken before 30 July 1998, the first owner of copyright in a commissioned photograph is the commissioning client, unless the photographer and client agreed otherwise. For photographs taken after 30 July 1998, the first owner of copyright in photographs taken for "private or domestic purposes" (eg wedding photographs) is the client, unless the photographer and client agree otherwise. The photographer will be the first owner of copyright in photographs taken after 30 July 1998 for all other purposes (eg. commercial shots), unless the photographer and client otherwise agree. If someone owns copyright in a photograph as a result merely of commissioning it (rather than as a result of reaching agreement about ownership), the photographer may have the right to restrain its use for any purpose other than the purposes for which the photo was commissioned. This applies whether the photo was taken before or after 30 July 1998.

A government is usually the first owner of copyright in material created, or first published, under its direction or control .

Rights of copyright owners

Owners of copyright have the exclusive right to do certain things with their material. The type and extent of the rights differ according to the type of copyright material.
Owners of copyright in photographs have the exclusive right to:

Reproduce the photograph: for example, by making prints, photocopying, and digitising;
Make the photograph public for the first time;
Include the photograph in a television broadcast;
Transmit a television program which includes the photograph.

The rights of copyright owners can be assigned or licensed, with or without limitations (such as the type of use, or period of time), and with or without conditions (such as payment or attribution). It is advisable that all agreements and transactions relating to copyright be in writing. Assignments and exclusive licences must be in writing and signed by or on behalf of the copyright owner to be fully effective.

How long does copyright last?

The period of protection varies according to the type of material. Photographs taken before 1 May 1969 are protected for 50 years from the end of the year they were taken. Photographs taken after 1 May 1969 are protected for 50 years from the year of first publication (that is, when copies are first made available to the public). Other works are generally protected until 50 years after the year of the author's death.

Infringement

Dealing with copyright material in one of the above ways without the permission of the owner of the copyright, will usually be an infringement of copyright. Dealing with part of a work may also infringe copyright, if that part is important to the work - it need not be a proportionally large part. Copyright may also be infringed by authorising infringement, by importing articles containing copyright material, and by selling infringing articles.

There are defences, or exceptions, to infringement which allow some uses of copyright material without permission - for example by reviewers and students. There are also special provisions for copying by libraries, educational institutions and government bodies. In some cases, certain procedures must be followed, and in some cases, fees must be paid.

Some common questions

Where do I register my copyright and how much does it cost?

How do I prove that I am the copyright owner if there is no system of registration?

If there is a dispute about who took a photograph, or who is the owner of copyright in a photograph, which cannot be resolved by negotiation, it may need to be resolved by a court. A court considers all the relevant evidence when determining a dispute. The most important evidence is usually the oral evidence of the parties to the dispute and the evidence of relevant witnesses. Other evidence may include a copy of an agreement (between a photographer and his or her client, for example), negatives and proof sheets. A copyright notice on the photograph may constitute evidence of ownership, but it is not necessarily conclusive. Such cases are extremely rare; someone else alleging they own copyright generally runs large financial risks in bringing such a case without any basis.

How long does copyright in a photograph last?

Copyright in a photograph taken after 1 May 1969 lasts from the time it is taken until 50 years after it is first published; that is, from when copies are distributed or made available to the public. Photographs such as wedding photographs may never be published, and therefore may continue to be protected by copyright indefinitely.

A client has not paid me. Who owns copyright in the photographs?

If the photograph was taken before 30 July 1998, unless the photographer and the client have agreed that the photographer wilt own copyright, the client will own copyright if he or she agreed to pay for the taking of the photograph, even if the payment has not actually been made. If the photograph was taken after 30 July 1998, the photographer will own copyright, unless the photograph was commissioned for a private or domestic purpose and there was no agreement about ownership of copyright, in which case the client will own copyright. If the client owns copyright, the photographer is entitled to recover the debt, but not to prevent the client using the photograph for the purposes for which it was taken. To avoid this situation, the contract between the photographer and the client should provide that the client is not entitled to use the photograph until the photographer has been paid.

I was commissioned to take a photograph for a magazine, and I have recently seen the photograph reproduced on a billboard. Do I have any rights?

Photographs taken before 30 July 1998

Your client will own the copyright in the photograph, unless you had an agreement to the contrary. However, if the client made known to you the purpose for which the photograph was required at the time it was commissioned, you have the right to restrain the use of the photograph for any other purpose. This means that even though the client is the owner of copyright, you are in a position to negotiate further payment for uses that were not contemplated at the outset. In a recent case a photographer successfully restrained the use of a photograph after the unauthorised use occurred and was awarded damages for the loss suffered as a result of the unauthorised use.

In some cases, if it was specifically agreed that the photograph was to be used for certain purposes, use for another purpose may also give rise to rights under the contract. Each case, however, will depend on its facts and you will generally need legal advice on whether you have any rights under the contract or only a possible action based on the right of restraint.

Where you own the copyright (because the client agreed you would), you are entitled to restrain the client from using the photograph in any way that was not covered by the agreement. If you were commissioned to take a photograph for a magazine, the client would only have the right to use the photograph in the magazine (unless the agreement said otherwise). Any other uses, such as use on a billboard, would require your permission.

Photographs taken after 30 July 1998

Unless you and your client had an agreement to the contrary, you will own the copyright in the photograph because the photograph was not commissioned for a personal or domestic purpose.

Where you own the copyright, you are entitled to stop the client from using the photograph in any way that was not covered by the agreement. If you were commissioned to take a photograph for a magazine, the client would only have the right to use the photograph in the magazine (unless the agreement said otherwise). Any other uses, such as use on a billboard, would require your permission.

If your client owns the copyright (because you agreed to this), you will not be able to restrain the client from using the photograph for any purpose, nor ask for further payment for other purposes, unless your agreement with the client gives you that right. Each case will depend on its facts and you will generally need legal advice on whether you have any rights under the contract.

Do I need permission from people I photograph?

Permission under copyright law is usually required where the subject of the photograph is copyright material (such as a painting). Taking a photograph of a person is unlikely to require the permission of the subject as there is no general right of privacy under Australian law. However, certain unauthorised uses of the photograph may be prevented by the person under other laws, such as trade practices legislation. Accordingly, where a photograph is to be used commercially it is a good idea to obtain permission from the person photographed to use the photograph in the intended ways.

Do I have a right to be attributed for my photographs - for example, if my photograph is reproduced in a magazine?

A photographer has rights if a photograph is wrongly attributed, but no general right if no attribution is given. When giving permission for photographs to be reproduced, photographers should ensure that permission is conditional upon attribution being made.

At the time of writing, there was a proposal to introduce a right of attribution for photographers and other creators. For more information about this proposal, see our information sheet Moral Rights.

Does a purchaser of a print have an automatic right to make copies of it?

Generally, no. One person may own copyright in an image (and thus have the right to reproduce the image), and another person may own a negative, transparency or print in which the image is embodied. The purchaser of a print (or negative or transparency) does not automatically acquire the copyright as well. In some circumstances a person who commissions a photograph will be the owner of copyright and will, therefore, have an automatic right to make copies of the photograph. The circumstances in which this may be the case are outlined above.

Do I need permission to photograph a building?

Generally, no. Although a building is protected by copyright, a special exception in the Copyright Act allows buildings to be photographed without permission.

Does copyright protect ideas?

No. Copyright protects the expression or form that the ideas take. The idea of photographing the Sydney Opera House at dawn, for example, is not protected. A person who photographs that scene is protected against others copying his or her photograph, but cannot prevent others from taking their own shot of that scene, or generally using the ideas expressed in his or her photograph.

Do I need permission to include photographs which I have taken for clients in my portfolio?

This will depend on who owns copyright in the photographs. If the client owns the copyright, you will need the client's permission to reproduce the photographs to include in your portfolio. However, if you own copyright, you do not need permission to reproduce them.

If your clients will own copyright in photographs you take, you may wish to ask your clients at the time of commissioning whether they will allow you to make a copy for inclusion in your portfolio.

Can my proofs of wedding photographs be copied without my permission?

If you were commissioned to take the photographs, your client will own copyright unless you reached an agreement to the contrary. This means that your client, as the copyright owner, has the right to reproduce the photographs whether from negatives, prints or proofs.

Is my work protected overseas?

Australia is a party to a number of international treaties dealing with copyright protection. Member states agree to extend the same copyright protection to works first published or created by nationals of other member states as they do to works first published In their own country or created by their own nationals. Most countries grant copyright protection to Australian material. This means that if copyright in your work is infringed in, say, Japan, you will generally be able to take action against the infringer in Japan.

Can people scan and manipulate images I have taken without my permission?

Scanning an image to make a digitised copy will usually reproduce the image, and therefore require the permission of the copyright owner. If you are the copyright owner, your permission will also generally be needed by someone who produces a new image by altering the digitised image, if an important part of your image is recognisable in the new image. In some cases, you may also be able to stop the manipulation if you have a right of restraint over the photograph (for example, if copyright is owned by a client who commissioned the photograph for a specific purpose).

At the time of writing, there was a proposal to introduce a right of integrity for photographers and other creators which would give them rights against people who treat their work in a derogatory way. For more information about this proposal, see our information sheet Moral rights.

Further information about copyright

The Copyright Council publishes other information sheets, such as: Copyright in Australia: an introduction, Copying photographs you paid for and Copyright & artworks. We publish many of these on the Internet at http://www.copyright.org.au.

The Council also publishes a series of more detailed publications, which include: Photographers & Copyright, Artists & Copyright, Film & Copyright, and Multimedia Producers & Copyright. We publish summaries of these on the Internet.

For further information about our publications, please ask us to send you our publication list. Please contact us if you would like further information about the Copyright Council or its services.

Australian Copyright Council:
Recent Publications

New and Recent Material available as at Sun, Mar 19, 2000.

To retrieve a list of our recent publications, please visit: http://info.copyright.org.au/new.lasso.

To retrieve a list of our collection of publications, please visit: http://www.copyright.org.au

We have new information sheet packs, new information sheets, and a number of recent submissions.

To place an order, please phone +61 2 9318 1788 or fax +61 2 9698 3536. An order form is available on the Australian Copyright Council's website: http://www.copyright.org.au

New Information Sheet Packs

Responding to customer requests, we are now packaging collections of our very popular information sheets into related packs. These packs contain the latest information sheets. The packs are available only in printed format and are $30 for a package of 10 related information sheets.