Copyright FAQs

Copyright FAQs Credits

I would like to thank the following for their help in compiling this  page.

• Getty Images – Rights and Clearance
• UK Copyright Law fact sheet from the UK Copyright Service. – UK Copyright Law whose fact sheet is Copyright © UK Copyright Service and protected under UK and international law.

The use of this fact sheet is covered by the conditions of a Creative Commons Attribution-Non-Commercial-No Derivative Works License.

• Rich Stim – Attorney at law, Nolo Legal Editor, Blogger — Dear Rich: Nolo’s Patent, Copyright and Trademark Blog, Author, Nolo Press – See more 

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  Getty Images FAQs (6)

  My proposed use is of a commercial nature, but the photo/footage I want to use is unreleased. Am I out of luck?

  Not necessarily. Contact your local office to see how our Rights & Clearance experts can help you navigate clearance issues, including whether obtaining clearance makes sense for your situation. There’s no charge for an initial consultation.

  What clearance services does Getty Images provide?

  We offer clearance services when a third party or property in a photo or footage can be identified and located. We do the legwork, contact the individuals and/or rights-holders, acquire permission to use their likeness and/or property and negotiate a … Continue reading →

  What’s a release?

  A release is written permission from an individual or property owner allowing the use of that individual’s likeness or property (e.g., building) in still photography or footage for commercial purposes. Photos or footage for which no releases were obtained at … Continue reading →

  What’s “commercial use”?

  Generally speaking, commercial use means a message intended to sell a product, raise money or promote or endorse something.

  What happens if individuals or property owners can’t be identified or located for clearance?

  Depending on the photo/footage and the use, we may be able to offer an Image Guarantee, which works like an additional layer of protection to our standard terms and conditions. In such cases, we assume the risk and address any … Continue reading →

  What is the value of the clearance and Image Guarantee™ services Getty Images offers?

  These services provide you with broader creative options by expanding the imagery available for commercial and promotional use. Properly clearing photos and footage removes the risk of third-party claims and brings peace of mind, while an Image Guarantee makes using … Continue reading →

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  Copyright Basics FAQ (3)

  What types of creative work does copyright protect?

  Copyright protects works such as poetry, movies, CD-ROMs, video games, videos, plays, paintings, sheet music, recorded music performances, novels, software code, sculptures, photographs, choreography and architectural designs. To qualify for copyright protection, a work must be “fixed in a tangible … Continue reading →

  Does copyright protect an author’s creative ideas?

  No. Copyright shelters only fixed, original and creative expression, not the ideas or facts upon which the expression is based. For example, copyright may protect a particular song, novel or computer game about a romance in space, but it cannot … Continue reading →

  How long does a copyright last?

  For works published after 1977, the copyright lasts for the life of the author plus 70 years. However, if the work is a work for hire (that is, the work is done in the course of employment or has been … Continue reading →

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  UK Copyright Law (10)

  Introduction

  Copyright law originated in the United Kingdom from a concept of common law; the Statute of Anne 1709. It became statutory with the passing of the Copyright Act 1911. The current act is the Copyright, Designs and Patents Act 1988.

  Rights covered

  The law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used. The rights cover; broadcast and public performance, … Continue reading →

  Types of work protected

  Literary   song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters & articles etc. Dramatic   plays, dance, etc. Musical   recordings and score. Artistic   photography, painting, sculptures, architecture, technical drawings/diagrams, maps, logos. Typographical arrangement of published editions … Continue reading →

  When rights occur

  Copyright is an automatic right and arises whenever an individual or company creates a work. To qualify, a work should be regarded as original, and exhibit a degree of labour, skill or judgement. Interpretation is related to the independent creation … Continue reading →

  Who owns a piece of work

  Normally the individual or collective who authored the work will exclusively own the work and is referred to as the ‘first owner of copyright’ under the 1988 Copyright, Designs and Patents Act. However, if a work is produced as part … Continue reading →

  Duration of copyright

  The 1988 Copyright, Designs and Patents Act states the duration of copyright as; For literary, dramatic, musical or artistic works 70 years from the end of the calendar year in which the last remaining author of the work dies. If … Continue reading →

  Restricted acts

  It is an offence to perform any of the following acts without the consent of the owner: Copy the work. Rent, lend or issue copies of the work to the public. Perform, broadcast or show the work in public. Adapt … Continue reading →

  Acts that are allowed

  Fair dealing is a term used to describe acts which are permitted to a certain degree without infringing the work, these acts are: Private and research study purposes. Performance, copies or lending for educational purposes. Criticism and news reporting. Incidental … Continue reading →

  Useful addresses

  Intellectual Property Office Concept House Cardiff Road Newport South Wales NP10 8QQ Tel: 0300 300 2000 www.ipo.gov.uk PRS for Music 29-33 Berners Street London W1P 4AA Tel. (0207) 580 5544 www.prsformusic.com Copyright Licensing Agency Saffron House 6-10 Kirby Street London … Continue reading →

  Further reading

  The original text for the 1988 Copyright Designs and Patent Act can be found at the OSPI (HMSO) website, but should be read in conjunction with all the relevant updates and statutory instruments. To avoid confusion, we recommend a copy that … Continue reading →

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