PHO705: Guest Lecture Nick Dunmur AoP

Nick Dunmur on video.

Students are able to join the AOP. I met Nick at the 2018 Birmingham Photography Show. The guest lecture is well-timed as the Forth cohort begin to take their work public.

Your pictures your copyright

Copyright automatically belongs to you. Exceptions exist for images used in the US which need to be registered with the US Copyright Office USCO.

Cover exists for 70 years from the end of the year the author survives.

Assign is like selling your house. License is like rent.

Copyright exceptions:

  • employment (full-time salaried staff)
  • incidental inclusion
  • criticism and review
  • research and private study

Other exceptions:

  • parody
  • private use
  • orphan works

Edges are not clearly defined and funny is subjective.

If you blew up a Crewdson print and put it on your wall, you’d have to safeguard it from anyone else seeing it. That would be difficult to get away with.

A fee can be paid to the IPO for orphan work in case there is a later challenge,

Different ways of contracting exist in different areas.

Advertising, Design and Corporate sector

  • Media
  • Territory
  • Time

… are the basis of charging

  • Exclusivity
  • Base Usage Rate

BUR wants to start at a daily rate. You’ll never negotiate up from a low figure but may wish to negotiate down from a higher figure.

Editorial Markets

There are many titles and only a few publishers. They may offer you a contract. It is not an employment contract.

First British Serial Rights FSBR would say cover one issue and thereafter the photographer regains the copyright for Second British Serial Rights. Check if Syndication is mentioned as this could cause your work to be reused. Check if a fee is mentioned and whether or not the fee level is acceptable.

If versions of paperwork appear then check and refute anything that is out of line. Anything issued once the work has started is post-contract and not acceptable.

Moral rights

Assert your moral right to be credited as the creator of your own work. Assert in writing. They are obliged to give you credit. You may have knocked off a percentage of the fee for this so it would be a loss.

You have a right to prevent derogatory use of your work, for example with a portrait if they resize an image to fit a box or crop an edge off and it makes your work look amateurish. Similarly, you do not want someone else’s work to be attributed as yours as it may affect your professionalism and stop a client from hiring you.

There is a right of the commissioner to prevent publication. A newly married couple could return from honeymoon to find their wedding photos all over social media before they have even seen the photographs.

Moral right cannot be sold but can be wavered.

Put a statement on your website to assert your moral rights.

When a contract is given to you it may be boilerplate and not be suited to your contract. Rebut if it is wrong. The person issuing the contract typically has a second, third and fourth version where you cannot agree.

Read everything in a contract before you agree or sign. Send copies of your terms to different departments as finance may never talk to the creative group. If you give them a PDF include a layer to remind them of the terms of use. Otherwise, include a terms file with the JPEG.

Software plug-ins

These plug into Lightroom. There is a plugin to populate an image with meta-data. Another to track and manage image use.