18 January 2010

Thanks to The British Journal of Photography

Changes to Copyright Act could kill parts of the photography industry
The Digital Economy Bill, currently under scrutiny in the House of Lords, will bring in blanket licensing for all copyright works – including photographs, warn a media law expert and the British Association of Picture Libraries and Agencies

Section 42 of the Digital Economy Bill, as expected, will bring orphan works – works where the copyright owner cannot be found – into the public domain. However, what was unexpected is the second part of the clause, which imports a new section 116B into the Copyright, Designs and Patents Act 1988.
 
This new section delegates to the Secretary of State the power to settle regulations which will transfer a property right – the right to copy – from one person to another without the owner’s consent. The proposed legislation says that the Secretary of State ‘may by regulations provide for authorising a licensing body to grant copyright licences in respect of works in which copyright is not owned by the body or a person on whose behalf the body acts.’ Under current legislation, only the copyright owner of a work is able to issue licenses.

As it stands this bill will comprehensively undermine the law of copyright, says Rupert Grey of media law firm Swan Turton. ‘The exclusive right to copy, which is the foundation of copyright, will disappear in all classes of work. The exclusive right to copy is the habeas corpus of copyright: once you take it away you remove the foundation stone on which everything else rests – the right of the artist to control his own work. This is the most fundamental change in copyright since it first came onto the statute books over 300 years ago.’

The changes could have a direct impact on image libraries, removing them the right to control the use of the image, which is an essential part of the creative process. It could also deprive the agency of income.
 
'Professional photographers control the use of their images carefully because it has an effect on the power of the image,' Grey tells BJP. 'These proposals give control to a third party who will be free to use the photograph for purposes which the author finds abhorrent. This is an intrusion into the photographer's private space.'
 
He adds: 'In jurisprudential terms, this is a significant derogation from widely accepted principles of law. If blanket licensing is introduced, the impact on the creation and dissemination of visual arts will be significant.'  Copyright owners and the agencies and libraries that represent them will no longer be exclusive licensees.
 
Linda Royles, a senior consultant to the British Association of Picture Libraries and Agencies continues: ‘Perhaps there is good reason that photography transactions and relationships between clients and rights holders are managed directly. There may be 1000s of instances where photographs must and should not be used.’

BAPLA goes further by warning that clause 116B could kill parts of the photography industry. ‘This clause could potentially destroy the principle of direct licensing, which is the most efficient means of ensuring that a rights holder is remunerated exactly and properly for the use of their work, and lose creators the right to control their own economic and moral rights,’ says Paul Brown, BAPLA’s chairman. ‘Imagine a photographer losing control of every image they shoot. Imagine not being able to instruct anyone how you want your work marketed or respected. Imagine not being paid directly for an image usage, but having to claim for a random share of an unknown pot of money. This is completely untenable and unacceptable.’

The planned legislation to allow greater access to orphan works has fairly wide support, but not everyone agrees how it should be done. Grey and others think that the proposal to create an orphan works licensing body is flawed. ‘There is no reason at all why a new exception should not be introduced to the acts which are currently restricted by copyright, provided the publisher undertakes a "diligent" search for the owner,’ says Grey. ‘What is critically important is that the burden of proof that the copyright owner cannot be found is on the publisher; and - importantly - if he fails to do a proper search, he gets stung in damages.’

While the proposed changes make provisions for copyright owners to opt-out of a collective licensing scheme, it remains unclear how the system will operate. If an individual photographer opts-out, says BAPLA, 'it doesn’t mean that their work will cease to be used in any extended collective licensing agreement. It just means that when you opt out you lose the right to claim the money that is being collected for the use of your work. This seems hardly fair. If you are against the principle of someone else having control over your work and your business, saying “no” doesn’t mean no.’

Already, two Lib-Dem peers – Lords Razzall and Clement-Jones – have lodged an amendment to strike 116B out of the final bill. The House of Lords, which started debating the bill earlier this month, is expected to finalise the text in the next two weeks, BJP understands.

For more breaking news on the Digital Economy Bill, visit bjp-online.com/news.

Award-winning photographer stopped after photographing a bank's building [third update - 3.30pm]
Grant Smith, a photographer and former chairman of the Association of Photographers, has been briefly detained by Police after photographing the Bank of America-Merrill Lynch building, BJP has learnt
For an official statement from the City of London Police, scroll down.

This morning, Smith, an award-winning architectural and construction photographer, was taking photos of a church in the City of London. Next to the church was the Bank of America - Merrill Lynch building, from which a security guard emerged, Smith tells BJP.

'He asked what I was doing, and I just told him that I was taking pictures and didn't have to tell him anything at all,' says Smith. At that point, a second security officer came up to Smith and asked for his personal details, which the photographer refused to provide, at which point the guards called the police

Three police cars and one vans arrived on the scene with up to six armed police officers detaining the photographer. 'They were responding to an incident involving a male at reception who refused to leave, which was not true,' Smith tells BJP.

'I failed the [police] attitude test,' he says. 'I thought the pressure was off after last week's events. I even showed one police officer the front page of The Independent, and he told that he had seen it but that "we can still stop you under Section 44".'

To prevent being searched by the police officer, the photographer was forced to give his personal details. He received a stop and account form and was let go.

Smith is an Australian-born photographer, but he has been living in London since 1983 and 'has an extensive knowledge of London's architecture,' his personal website says.

The incident comes days after the Association of Chief Police Officers sent a memo to all police forces around the country informing them that they 'should not be stopping an searching people for taking photos.' The memo continues: 'There are no powers prohibiting the taking of photographs, film or digital images in a public place.'

The memo was sent after an Independent journalist was stopped for taking a picture of the House of Parliament. The incident caused a media blitz, with newspapers such as The Independent, The Daily Telegraph, The Guardian and Daily Mail, as well as the BBC publishing articles on the issue of public photography.

UPDATE 1.00pm: A spokeswoman for the City of London Police is expected to get back to BJP with an official comment. Check back for more updates.

UPDATE 2.45pm: A security official at Merrill Lynch, talking to Smith's wife Leanne Tritton of ING Media, has said that Smith was not considered to be a terrorism threat. However, it declined to comment further claiming that he wasn't 'at liberty to discuss our security policy'.

A spokeswoman for Merrill Lynch has yet to come back to BJP with an official statement.

UPDATE 3.30pm: A spokesman for the City of London Police has told BJP that the police intervened after 'security staff at a City bank reported concerns over the apparently hostile behaviour of a man taking photos of their staff. When questioned by officers, the man declined to give any explanation. He was therefore informed that, in light of the concerns of security staff, and in the absence of an explanation, he would be searched under Section 44 of the Terrorism Act 2000.'

The police add: 'After the man’s bag was searched, he gave his details and explained he was a freelance photographer taking photos of buildings. Once this explanation was received, there was no further action.'

However, Smith has denied he took photographs of staff. He tells BJP: I wasn't photographying staff, and my hostile behavior was simply that I refused to give my ID to the security guard.'

He continues: 'I thought this was over, but it isn't. And I'm sure tomorrow someone else will face the same situation. Of course the police are going to take the side of security guards. The guards are briefed to look out for suspicious people.'

BJP understands that The Guardian will be publishing a report of Smith's incident tomorrow.

Thanks to Canon Camera

Canon EOS-1D Mark IV Digital SLR Camera

As a leader in speed and resolution the EOS-1D Mark IV, captures the extraordinary. Freeze action at 16.1 Megapixels and at 10fps or with Full HD video, the EOS-1D Mark IV is ready for everything.

Features

• 16.1 MP APS-H CMOS sensor
• 10fps at up to 121 JPEG burst
• 45-point AF system with 39 cross type sensors
• Full HD (1080p) movies with manual control
• High ISO up to 102400
• 3.0” Clear View II LCD with Live View mode
• Dual “DIGIC 4”
• EOS Integrated Cleaning System

More than a number

16.1 MP CMOS sensor
A Canon designed and manufactured 16.1MP APS-H sized CMOS sensor produces incredibly low noise images in the lowest of light. The sensor captures outstanding detail ideal for A3 prints or larger, even after cropping.

10fps with upto 121 JPEG frame burst
Capture every moment of action with the EOS-1D Mark IV’s 10fps shooting speed, and continuous bursts of up to 121 large JPEG images (28 RAW).

45-point AF system
A high-precision 45 point AF system featuring 39 cross type sensors debuts in the EOS-1D Mark IV. Ensuring accurate focusing with fast aperture lenses, 39 high sensitivity cross-type sensors are employed, suitable for lenses with an aperture of f/2.8 or faster.

Full HD movie recording
Combining exceptional still shooting with the ability to shoot Full HD (1080p) video with user selectable frame rates, EOS-1D Mark IV offers huge versatility. For more control users can manually set exposure or choose to shoot at 720p or VGA resolution. An HDMI output allows High Definition playback of footage and images.

Low light shooting
Thanks to the EOS-1D Mark IV’s exceptionally wide ISO range of 100 to 12800 – expandable up to an incredible ISO 102400 - shooting need never stop even in the darkest of conditions.

3.0” Clear View II LCD with Live View mode
With its high resolution 920,000 dot 3.0” Clear View II LCD screen, detailed checks on images and video are easy. Using a solid structure construction, reflections are minimised, allowing Live View to be used under any conditions.

Dual “DIGIC 4”
Canon’s Dual “DIGIC 4” processors enable high speed processing of the high resolution images from EOS-1D Mark IV’s CMOS sensor, delivering 14-bit image processing with smooth gradations and natural looking colours. The Dual “DIGIC 4” provides advanced Noise Reduction when shooting at higher ISO speeds and instant startup times.

EOS Integrated Cleaning System
Canon’s built-in dust prevention system offers a professional and comprehensive solution in protecting images against the effects of dust: reduction of internal dust generation; an in-camera sensor cleaning mechanism; automatic removal of dust spots with the included Digital Photo Professional software.

Full EF and EX Speedlite compatibility
Canon’s full range of EF lenses and EX-series Speedlites is available to the EOS-1D Mark IV user. Create a system tailor-made to your photographic needs.