Copyright of Photographic Material

The copyright and licensing of images is a complex issue, governed by the Copyright, Designs & Patents Act 1988.

Key points include:

î The Act is governed by law, and copyright is an automatic right - it does not need to be registered.

î The Act aims to protect people's work from being copied.

î Photographs are considered 'artistic works' within the Act.

î Copyright applies to any medium. This means that copyright protected work cannot be produced in another medium without permission. This includes publishing photographs on the internet, a painting of a photograph etc.

î Copyright does not protect ideas for a work. It is only when the work itself is fixed or tangible.

î A copyright protected work can have more than one copyright, or another intellectual property (IP) right, connected to it.

The Intellectual Property Office (www.ipo.gov.uk) is the official government body responsible for granting Intellectual Property (IP) rights in the United Kingdom. There is comprehensive information on copyright and licensing on their website, www.ipo.gov.uk. Their Central Enquiry Unit are able to answer general copyright enquiries, they cannot give opinions or advice on infringement. They can be contacted on 0845 9 500 505 or enquiries@ipo.gov.uk

The full Act of 1988 can be seen on the website of the Office of Public Sector Information - http://www.opsi.gov.uk/acts/acts1988/UKpga_19880048_en_1.htm.

Photographers who are members of the British Institute of Professional Photography have access to a number of legal document masters, including terms and conditions, wedding contracts, licensing and re-usage documents and agent/photographer agreements. All of these play vital roles in protecting a photographer's copyright. BIPP photographers also receive free legal advice as a membership benefit.

Intellectual Property Office

Enquiries 0845 9 500 505

The Central Enquiry Unit (CEU) team will answer general enquiries about all aspects of intellectual property and any other aspect of the work of the Office.

You should contact the CEU if you would like the information we publish in a different format, including large print, audio cassette or Braille and they will do their best to help.

Please note that the CEU team is not qualified to give opinions on registrability, advice on infringement or conduct searches.