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Copyright and Copywrong

Copyright and Copywrong

When visiting my niece  a while ago she was working on a school assignment. I noticed that she was using Google Images to locate and copy pictures into her document. Being the nosy parker that I am,  I asked if the teacher had talked to the class about copyright and  the need to include image information in their referencing.  She explained to me all about what they had been told about plagiarism, but looked at me blankly when I explained that copyright applies to images as well as text.

It wasn’t a suprise to me, a quick glance at Social Media highlights that most people don’t know that Copyright applies to images as well as to written works.

The Fair Use provision in the Australian Copyright Act allows for the use of copyright works for educational purposes. That doesn’t override the moral right of an image creator to be credited for their work. Copyright is a pretty dry subject, but here is what I’ve learned as it applies to photography.

For the more official word, check out these great documents by the Copyright Council of Australia;

Ownership_of_Copyright
Protecting_Your_Copyright

Moral Rights

These days, everyone is a photographer. Many people are creating images on a daily basis. Lots of those are going to be uploaded onto social media by the photographer themselves, or by someone the photographer has shared the image with.

For those of you who have wasted a year and a half of your lives reading the T&C for each of the social media platforms you use, you’ll already know that by uploading images onto facebook, or Instagram or whatever flavour you are consumed by, that you’re agreeing that you have the right to upload the image and you are granting that platform the right to do an outrageous number of things with it.

However the photographer retains moral rights to their images. Just like you would reference a quote or a book in an essay, you should be referencing the creator of an image that you use.

Moral rights include ;

  • the right to be attributed as the creator of an image
  • The right to take action if someone else pretends they took the photo
  • the right to take action if someone has mucked around with an image in a way that is going to cause the photographer grief (see the technical wording stuff in the act – caused me grief won’t stand up in court and I’m not a lawyer)

If you’re sharing an image and you’re not the photographer,  ask permission first and make sure you include a photo credit for the photographer. Better yet, include a link back to their page or web site. If an image has a watermark, don’t remove it by cropping or cloning. That’s just not cool.

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