Copyright




1. The law of copyright is simple: Ask first!

The law of copyright gives the originator legal protection of his/her work. Just like a patent protects the inventor’s design, the law of copyright protects how an image is reproduced. Showing respect for the work of the originator is a routine matter for professionals. The rule of thumb is – ask first. Since 1 July 1994, photographic images are also regulated by the law of copyright.

2. What is an image and what is an original?

Image can mean different kind of images, such as photos, drawings, illustrations or collage. An original is the image delivered by the originator.

3. Important facts for a buyer.

a.

What do I pay for?

When ordering an image you only pay for the right to use it for a particular purpose. All other publishing rights belong to the originator.

b.

Who owns the image?

The copyright of an image belongs to the originator. Keeping the image requires a special agreement with the originator (see paragraph 3g).

c.

How am I allowed to use the image?

The image may be used according to the agreement with the originator. It can be a specified printed matter, number of edition and circulation. The originator should always be notified first in case of changes.

d.

Procedures for reusing an image

As soon as an image is to be reused, the originator has to give his approval. Reusing an image means a new publishing cost.

e.

Am I allowed to change the image?

No changes to the image are allowed without permission from the originator. This means cutting, retouching, digital manipulation or other methods. Sometimes cutting is allowed as long as distortion of the contents is avoided. The originator should always be informed in advance. In editorial and informational matters the originator’s name shall be noted. In commercial matters the originator’s name ought to be noted.

f.

Can I make new copies?

New copies of the image cannot be made without permission from the originator, as regards newspapers, magazines, brochures, copies, posters, digital duplicates, etc.

g.

Can the image be digitalized?

Digitilizing an image counts as making a new copy. Transferring a digitalized image from one system to another, as well as making a printed copy, is also equivalent to making a new copy. That is why the originator always has to give his permission (first). Nowadays digital storage of an image is standard procedure in the printing process. The originator’s permission for an image to be printed includes the storage of the printed material. The image filed is not to be used for other (printing) matters without permission from the originator.

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