A question from a student
anonymous
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A question from a student

Hello,

I'm a photography student on a distance learning course. I'm creating a learning "blog", where I'm recording the projects that I'm doing. As part of this blog I'd like to refer to photos that I've seen elsewhere at exhibitions or in magazines (which I'd like to scan in), where do I stand with the copyright of these photos? I dont want to use large copies of these pictures, say a max height or width of 300pixels. Is it possible to put samples of these photos on my blog without breaking copyright if I credit the photos?

I'm not really sure where I stand with this so any help would be much appreciated.

Thanks,
Steph


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Steph (not verified)
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Thanks, I'll take a look at that information and I'll see how to keep the metadata in there.

Steph

admin
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Just one further point : if you're publishing other peoples' work under fair dealing exception, please try to preserve metadata embedded in any images you upload. Specifically IPTC information that contains the author's copyright statement and contact details. Images 'saved as' from web browsers then resized in image editors, or by scripting at a webhost, frequently have this information removed in the process. There is more about this in the FAQ section here and here.

©A admin

Steph (not verified)
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Hi Greg,

Thanks for replying, I've done that in the past and always received a positive response but there are some pictures that I wouldn't really know how to start contacting people (from books etc).

I definitely agree that it's polite to ask,
Steph

Greg (not verified)
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Hi Steph,

Read the reply to your post by Admin. Section 30 (1) of the 1988 Copyright Designs and Patents Act 1988 gives an explanation to your question.

As a photographer who makes his living licensing his work, I would expect any other person who wishes to use my work for "criticism or review" to give me a courtesy call or email requesting the use of my images. That may sound utopian, but I would do it simply to be professional and respectful.

Greg Nikas

Steph (not verified)
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That's great. Thank you very much.

Steph

admin
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There is a fair dealing exception to copyright for criticism and review in Section 30 (1) of the 1988 Copyright Designs and Patents Act 1988.

30 Criticism, review and news reporting
(1)
Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement.

This is often wilfully misunderstood as a generalised get-out that allows any non-commercial use of any photo. As the legislation makes clear, there must be 'criticism or review' of the photograph itself, and there must be attribution to the author.

©A admin

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