Fair dealing, photographs, student blog

[Concentrik]

I'm hoping someone might be around to help with this.

* I am a Photography degree student at a UK uni
* I am required to keep an online blog as a record of my work
* I want to use photographs I find online by other photographers to write about them
* No commercial element here at all
* The entire photograph is used for research, comment and my own observations

Question:

* Is this considered a permitted exception? Fair dealing?
* Is there a legal distinction made between doing all the above on paper (ie. in a physical journal) and online (on a Wordpress blog)?

I have had a close look at the Act and the amendments and I cannot see such a distinction mentioned - have I missed it?

Thank you

 

[Ian J]

You will need to obtain the photographer's permission to reproduce his photograph. One large and well known photography company are well known for suing anyone that has copied one of their photos without permission

 

[Gecko001]

Ask your university tutor. You should not have to come to an online forum to ask strangers. Knowing about copyright is a very important part of a photographer's day to day work. Your lectures will know the answer to your questions on this matter.

 

[Concentrik]

I agree that one should not have to, but I do.... so I'll just refine the question as:

"Does the act specifically distinguish between online use and paper use" Thanks!

 

[Deleted member 59730]

Your lectures will know the answer to your questions on this matter.

Do you want to bet?

The simple answer is that if you keep all the material offline it comes under educational purposes and is OK. If you publish online you become a publisher and need to clear permission for photographs. Offline no one will see it except you and your tutor.

BUT, there is an exception if you only show a very small fragment of a written work and give attribution. Showing a small section of a photograph is not really feasable.

Another exception is if you are writing about the actual work in question for criticism or review. For instance you can take one of my photographs and write a thesis on what an awful photographer I am you will be perfectly all right.

To be honest suing students over college projects would be more trouble than its worth. I've had it happen that students have copied my work without attribution out of books and it pisses me off. I would much prefer they asked me for a decent file than use a crappy copy.

 

[Concentrik]

Another exception is if you are writing about the actual work in question for criticism or review. For instance you can take one of my photographs and write a thesis on what an awful photographer I am you will be perfectly all right.


This is the precise scenario I am asking about. The picture in question appears in the blog, has a few paras written about it. Then another related (by genre) pic appears followed by more criticism, and so on. Is this a permitted exception? (it is properly credited and Harvard referenced)

 

[Bob Morgan]

Welcome to 'International Work' where 'Copyright' means the 'Right to Copy!'

 

[Deleted member 59730]

This is the precise scenario I am asking about. The picture in question appears in the blog, has a few paras written about it. Then another related (by genre) pic appears followed by more criticism, and so on. Is this a permitted exception? (it is properly credited and Harvard referenced)

If the few paragraphs are about the photographer AND the photograph you are usually in the clear. If the few paragraphs are about woodworking, for instance, and the photograph is just an illustration of woodworking then technically its a breach.

Why not ask the photographers. You might learn more that way.

 

[fisicx]

* I am required to keep an online blog as a record of my work

Your work. Not the work of anyone else.

If you want to reference other images link to them. There is no requirement to add the images to your blog.

 

[obscure]

Your work. Not the work of anyone else.

If you want to reference other images link to them. There is no requirement to add the images to your blog.

+1 to this. There is no actual need to include their work in your blog when you can just link to it.

Alternatively ask them for permission.

 

[Gecko001]

It seems a bit futile for a photography student to use other photographer's photographs on a blog project unless it is a project specifically on history of photography, photography appreciation or something similar.

 

[paulears]

All universities as far as I am aware from my dealings with them have a copyright policy and are inspected by the UK Copyright Licensing Agency who scrutinise what UK FE and HE providers are doing. Your scenario is complicated additionally by the fact that the learning agreement you signed with the university actually gives them the rights to your work - either entirely by assignment or as a joint arrangement. This occasionally comes to a head in examinations in art subjects where an artefact - music, written material, even pottery designs can be exploited by the provider as part of thew deal. Most media courses are using the get out of jail card that allows comparison and comment - but once you publish it, it gets messy very quickly. The best advice is from our own Government - the exceptions are here https://www.gov.uk/guidance/exceptions-to-copyright.

Frankly, it's shameful your university have not included copyright in a module BEFORE you cross a line. Blogs are often spontaneous and poorly planned. If you get into hot water, your uni and the lecturers will all take a backwards step and leave you exposed, and they will point out the relevant clause in the agreement they got you to sign.