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Commissioned photos
Specific provisions set out the general rules on ownership of copyright where a person who is not the photographer’s employer (a client) pays a photographer to take a photo:
• For photos taken before 1 May 1969, the person who paid for them to be taken owns the copyright, unless the photographer and client agreed otherwise.
• For photos taken on or after 1 May 1969 and before 30 July 1998, the first owner of copyright in a commissioned photo is the commissioning client, unless the photographer and client agreed otherwise.
• For photos taken on or after 30 July 1998, the general rule on ownership depends on the purpose for which the photographs were taken:
• if the photos were taken for “private or domestic purposes” (such as family portraits, or wedding photos), the first owner of copyright in them is the client, unless the photographer and client agree otherwise; however
• if they were taken for any other purpose (e.g. commercial shots), the photographer will be the first owner of copyright, unless the photographer and client agree otherwise.
If someone owns copyright in a photo as a result of having commissioned it (without having reached any other agreement about ownership), the photographer has the right to restrain the use of the photo for purposes other than those for which it was commissioned (provided these purposes were made known at the time of the arrangement). This rule applies to any photo taken on or after 1 May 1969. Even though the client is the owner of copyright, the photographer can rely on his/her right of restraint to negotiate further payment for uses that were not contemplated at the outset.
Photographers & Copyright
This fact sheet relates to photographers and copyright.
In this fact sheet, we outline the copyright issues most relevant to photographers, and respond to some common questions. For a detailed discussion, see our practical guide, also entitled Photographers & Copyright.
Publish :01 Oct 2019
Author :ACC
ISBN :INFO011 |
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