When you commission a photographer to take some pictures you are entering a legally binding contract, with rights and responsibilities on both sides. One important, but often misunderstood aspect of this contract concerns copyright of the images made. Many clients seem to be under the impression that all rights to the image belong to them but this is no longer the case, and hasn't been for many years. In fact the law on copyright changed fundamentally with the passing of the 1988 Copyright, Designs & Patent Act. Before then it was the person or company who commissioned the photography who owned the copyright. The photographer or photography company had no enduring rights to their own work. The 1988 Act reversed the situation granting photographers the same rights as had long been enjoyed by authors, painters and other creative individuals. The copyright of the photograph now belongs to the person who took it - the photographer, Jamie Jones.
For further information on the Copyright, Designs and Patents Act 1988 (c. 48), To visit this website in a new window, click here www.opsi.gov.uk
What all this means in practice is that clients may only use the photographs taken by Jamie Jones in ways that have been agreed at the time they were commissioned. clients will also only have rights to use such material under 'licence to use' subject to paymnet being made in full. If further uses are later required then permission must be sought from Jamie Jones and an additional fee agreed.
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