There are two laws currently going through approval in the UK both of which look to have severe implications for UK Photographers.
The first is part of the Digital Economy Bill and relates to orphan works usage rights, which will allow the commercial use of any photograph whose author cannot be identified. Assuming most people are not going to try and find the owner for images they download online, that’s potentially about 90% of the photos on the internet.
As the Copyright Action site indicates:
Copyright in photos is essentially going to cease to exist, since there is no ineradicable way of associating ownership details short of plastering your name right across the image.
One of the more galling aspects of the UK Digital Economy bill is that it has been specifically drafted (at the behest of the music and movie industry) to further protect music and movie copyrights but then seems to strip any need to worry about copyright for Photographers. What is worse is that despite the Lords Select Committee stating that the definition of an “orphan work” should be included in the bill, Lord Mandelson (who is the one pushing this through) refused on the grounds that:
“the need for flexibility in specifying what comprises an adequate search makes this difficult. That what is an orphan work will change according to evolving methods of determining its status.”
If this is passed it means that any image that turns up on a Google image search or personal website could be used commercially with the user just claiming they tried to find the owner and hoping they aren’t caught out. Time to dust off the watermarks I think, however this is a shame as ultimately watermarks go against the idea of showcasing your work on personal sites or places such as Flickr!
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